Section 153: Transitional provisions

Finin2min analysis — what the section actually does

Full statutory text — Section 153

153. Transitional provisions.— Notwithstanding anything contained in this Code, the following
organisations constituted or established under the enactments repealed under section 164, namely:—
       (i) the Central Board constituted under section 5A of the Employees' Provident Funds and
    Miscellaneous Provisions Act, 1952 (19 of 1952);
       (ii) Executive Committee constituted under section 5AA of the Employees' Provident Funds and
    Miscellaneous Provisions Act, 1952 (19 of 1952);
        (iii) the Corporation established under section 3 of the Employees' State Insurance Act, 1948 (34
    of 1948);
        (iv) the Medical Benefit Council constituted under section 10 of the Employees' State Insurance
    Act, 1948 (34 of 1948);
        (v) the Standing Committee of the Corporation constituted under section 8 of the Employees' State
    Insurance Act, 1948 (34 of 1948); and
        (vi) the Board constituted under sub-section (1) of section 18 of the Building and Other
    Construction Workers (Regulation of Employment and Condition of Service) Act, 1996, shall, after the
    commencement of this Code, continue to exercise the powers and discharge the functions of the
    corresponding organisations under this Code, respectively, the Central Board of Trustees for Employees
    Provident Fund constituted under section 4, the Executive Committee constituted under sub-section (3)
    of section 4, the Employees State Insurance Corporation, constituted under section 5, the Medical
    Benefit Committee constituted under sub-section (5) of section 5, the Standing Committee constituted
    under sub-section (3) of section 5, Building Workers' Welfare Board constituted under sub-section (1)
    of section 7, as if such organisations constituted or, as the case may be, established under such repealed
    enactments, had been constituted under the respective provisions of this Code, till such corresponding

    organisations are constituted under this Code or till their respective time period under the repealed
    enactments expire, whichever is earlier.

How to apply this provision

1. Primary statutory test — (v) the Standing Committee of the Corporation constituted under section 8 of the Employees' State Insurance Act, 1948 (34 of 1948); and (vi) the Board constituted under sub-section (1) of section 18 of the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996, shall, after the commencement of this Code, continue to exercise the powers and discharge the functions of…
2. Central Rule mapping — 61, 62. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
3. Prescribed-form link recorded in the corpus — XXX. Confirm the current notified form/version before filing.
4. Evidence file — retain facts and records proving the role/status of: Employee / worker, Worker, Corporation / EPFO / Board.

Rules, forms and cross-references

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

Q&A — Section 153

Source & verification trail