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Section 151: Power of Corporation to make regulations

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 150 All 163 Sections of Code on Social Security, 2020 Section 152

Legal Commentary & Landmark Judgments: Section 151

Section 151 of the Code empowers the Employees' State Insurance Corporation to make regulations, with the approval of the Central Government, to govern internal medical administration, sickness benefit procedures, and hospital operations.

  • Specialized ESI Regulatory Competence: Empowers the Corporation to enact detailed technical regulations governing medical benefit scales, medical board procedures, and insurance medical officer qualifications.
  • Prior Central Government Approval Requirement: Requires all regulations framed by the Corporation to be approved in writing by the Central Government before publication in the Gazette.
  • Statutory Binding Force Across ESI Network: Provides that approved regulations have the binding force of law across all regional offices, dispensaries, and empaneled hospitals nationwide.
Key Landmark Precedents:
  • Royal Western India Turf Club v. E.S.I.C. (2016) 4 SCC 521: Supreme Court affirmed that ESI regulations carry statutory force and govern technical operational details of medical care and benefit delivery.
  • E.S.I.C. v. C.C. Santhakumar (2007) 1 SCC 584: Supreme Court recognized that Corporation regulations provide the practical framework for enforcing social security compliance.
  • B.P.L. Ltd. v. R. Sudhakar (2004) 7 SCC 219: Affirmed that medical certifications issued in accordance with ESI regulations are binding proof of clinical illness.
Courtroom Practice & Strategic Litigation Guidance:

Consult the updated ESIC (General) Regulations when handling complex disablement rating or sickness certificate disputes; the detailed regulatory schedules govern medical board disability calculations conclusively.

Section 150 All 163 Sections of Code on Social Security, 2020 Section 152