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Code on Social Security, 2020 · 14

Section 148: Misuse of benefits

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 148 — Governs misuse of benefits and the rights, duties, powers or procedure expressly stated in this section. Key operative text: If the appropriate Government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed…

Full official textSource checked: 20 August 20261 direct Central Rule link(s)
Current-law status

The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

  • If the appropriate Government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed thereunder, then, such Government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification:
  • Provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be:
  • Provided further that the manner to ascertain misuse of any benefit under this section relating to Chapter III, shall be specified in the Provident Fund Scheme or the Pension Scheme or the Insurance Scheme, as the case may be.

Provisos, explanations & qualifications

  • Provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be:

Thresholds and timelines in the text

  • No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.

Actors expressly appearing in the text

Appropriate Government

Full statutory text — Section 148

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.
148. Misuse of benefits.—If the appropriate Government is satisfied in the manner prescribed by it
that any establishment or any other person has misused any benefit provided to him under this Code or
rules, regulations or schemes made or framed thereunder, then, such Government may, by notification,
deprive such establishment or other person, as the case may be, from such benefit for such time as may be
specified in the notification:
    Provided that no such order shall be passed unless an opportunity of being heard is given to such
establishment or other person, as the case may be:
   Provided further that the manner to ascertain misuse of any benefit under this section relating to
Chapter III, shall be specified in the Provident Fund Scheme or the Pension Scheme or the Insurance
Scheme, as the case may be.

How to apply this provision

  1. Primary statutory test — If the appropriate Government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed thereunder, then, such Government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification:
  2. Additional operative limb — Provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be:
  3. Qualification / exception to test — Provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be:
  4. Central Rule mapping — 69. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
  5. Evidence file — retain facts and records proving the role/status of: Appropriate Government.
Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 148 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

Related Labour Hub resources

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

For a worker/member seeking a benefit connected with misuse of benefits, the file should show coverage, service/contribution facts, the rule/scheme and prescribed form, and the calculation/payment. One statutory point to test is: “If the appropriate Government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed thereunder, then, such Government may, by notification, dep” Also test the express qualification/proviso before concluding the result. Read the mapped Central Rule(s) 69.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 148

What does Section 148 of the Social Security Code cover?

Section 148 — Governs misuse of benefits and the rights, duties, powers or procedure expressly stated in this section. Key operative text: If the appropriate Government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed…

What is the main legal requirement or power in Section 148?

The first operative clause identified from the official text is: “If the appropriate Government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed thereunder, then, such Government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification:” Read it with the remaining subsections and any proviso below.

Does Section 148 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be:”

What time limit, percentage or amount appears in Section 148?

No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.

Which 2026 Central Rules are linked to Section 148?

The current concordance maps Section 148 to Central Rule(s) 69.

Is Section 148 currently operative?

The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.

Source & verification trail

Act: Code on Social Security, 2020 — official India Code PDF ↗

Central Rules: Social Security (Central) Rules, 2026 — G.S.R. 344(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

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Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.
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Editorial owner: CA Nikhil Gupta · Official-source set checked 20 August 2026; provision-level professional review remains matter-specific
Educational purposes only. Exact notified law, rules, schemes, regulator instruments, judicial decisions, state overlays, portal behaviour and facts must be checked before reliance. Verify with a qualified professional.