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Section 148: Delegation of powers

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 36 of 2020
Section 147 All 163 Sections of Code on Social Security, 2020 Section 149

Legal Commentary & Landmark Judgments: Section 148

Section 148 of the Code regulates the delegation of powers by the Central Government, State Governments, Central Board, and Corporation to subordinate officers, ensuring efficient administrative decentralization.

  • Statutory Authority for Administrative Delegation: Authorizes governments and statutory boards to delegate administrative, assessment, and recovery powers to subordinate officers by Official Gazette notification.
  • Condition of Written Notification: Requires all delegations of quasi-judicial and coercive powers to be formally notified in writing, specifying geographical and pecuniary limits.
  • Retention of Concurrent Oversight Powers: Provides that delegation of powers does not divest the delegating sovereign authority of its supervisory or recall powers.
Key Landmark Precedents:
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court affirmed that statutory delegation must be transparent, specific, and strictly within the parameters authorized by the parent statute.
  • Chintaman Rao v. State of M.P. AIR 1958 SC 388: Supreme Court invalidated administrative orders passed by officers lacking lawful statutory delegation under labor legislation.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that delegated powers must be exercised quasi-judicially and in accordance with natural justice.
Courtroom Practice & Strategic Litigation Guidance:

In litigating adverse contribution assessment orders, verify the Gazette notification delegating powers to the assessing officer: if the officer acted outside their designated territorial or pecuniary delegation, challenge the order for lack of jurisdiction under Section 148.

Section 147 All 163 Sections of Code on Social Security, 2020 Section 149