Section 150: Power of State Government to make rules

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

Legal Commentary & Landmark Judgments: Section 150

Section 150 of the Code empowers State Governments to make rules in respect of establishments and social security matters falling within their constitutional executive domain under the Concurrent List.

  • State Delegated Rule-Making Authority: Empowers State Governments to prescribe state-specific rules for State Unorganized Workers Boards, local welfare cesses, crèche norms, and EI Court procedures.
  • Harmony with Central Minimum Standards: Requires that State rules cannot dilute, undermine, or conflict with national social security standards prescribed by Central regulations under Section 149.
  • Adaptation to Regional Informal Sectors: Permits States to customize welfare scheme administration for localized informal trades, seasonal agricultural processing, and municipal sanitation workers.
Key Landmark Precedents:
  • State of Gujarat v. Jayantilal Amratlal AIR 1965 SC 1477: Supreme Court affirmed the validity of state rules prescribing welfare and administrative standards under labor legislation.
  • Lanco Anpara Power Ltd. v. State of U.P. (2016) 10 SCC 329: Supreme Court emphasized that state rules must be construed harmoniously with national welfare frameworks to maximize worker protection.
  • Dewan Chand Builders & Contractors v. Union of India (2012) 1 SCC 101: Affirmed the legitimacy of state regulatory frameworks governing local welfare boards and cess administration.
Courtroom Practice & Strategic Litigation Guidance:

In multi-state enterprises, ensure company human resource policies align with the specific State Social Security Rules enacted by each respective State Government, particularly regarding crèche guidelines and local welfare board remittances.