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Section 156: Repeal and savings of 9 legacy social security enactments

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 155 All 163 Sections of Code on Social Security, 2020 Section 157

Legal Commentary & Landmark Judgments: Section 156

Section 156 of the Code on Social Security, 2020 codifies the historic repeal and savings clause, repealing nine major Central social security enactments while preserving actions, rules, funds, and proceedings lawfully initiated under the repealed statutes.

  • Repeal of Nine Landmark Social Security Statutes: Subsumes and repeals the Employees' Provident Funds and Miscellaneous Provisions Act 1952, Employees' State Insurance Act 1948, Maternity Benefit Act 1961, Payment of Gratuity Act 1972, Employees' Compensation Act 1923, Building & Other Construction Workers' Welfare Cess Act 1996, Unorganised Workers' Social Security Act 2008, Cine-Workers Welfare Fund Act 1981, and Employment Exchanges (CNV) Act 1959.
  • Comprehensive Statutory Savings Shield: Provides that any appointment, notification, rule, scheme, recovery certificate, or prosecution initiated under the repealed enactments shall continue in force so far as it is not inconsistent with the Code.
  • Application of Section 6 of the General Clauses Act, 1897: Preserves accrued retiral rights, incurred contribution liabilities, pending investigations, and ongoing proceedings from statutory abatement.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh AIR 1955 SC 84: Landmark Constitution Bench ruling: When an Act is repealed and re-enacted, Section 6 General Clauses Act preserves existing liabilities and pending proceedings unless the new statute manifests a clear contrary legislative intent.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Supreme Court affirmed the smooth transitional continuity of labor welfare protections during legislative consolidations.
  • Lanco Anpara Power Ltd. v. State of U.P. (2016) 10 SCC 329: Affirmed that worker welfare liabilities accrued under older enactments survive legislative consolidation.
Courtroom Practice & Strategic Litigation Guidance:

Pending assessment inquiries under Section 7A of the EPF Act or Section 45A of the ESI Act do not abate upon commencement of the Social Security Code; counsel must defend them on merit under the savings provisions of Section 156.

Section 155 All 163 Sections of Code on Social Security, 2020 Section 157