Section 157: Power of Corporation to make regulations

Finin2min analysis — what the section actually does

Full statutory text — Section 157

157. Power of Corporation to make regulations.— (1) The Corporation may, by notification, and
subject to the condition of previous publication, make regulations, not inconsistent with this Code and the
rules and schemes made or framed thereunder, for the administration of the affairs of the Corporation and
for carrying into effect the provisions of Chapter IV and the provisions of this Code relating to that Chapter.
    (2) In particular and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
        (a) the cases and matters to be submitted for the decision of the Corporation under clause (b) of
    sub-section (4) and the composition of committees under sub-section (6) of section 5;
        (b) the areas in respect of which the Corporation may appoint Regional Boards and local
    committees and the manner in which such Boards and committees shall perform the functions and
    exercise the powers under sub-section (2) of section 12;
         (c) such other functions of the Director General and the Financial Commissioner under sub-section
    (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the
    officers and employees under clause (a) of sub-section (8) and minimum qualifying service for
    promotion to next higher grade under the second proviso to sub-section (9) of section 24;

        (d) the unit in respect of which all contribution shall be payable under sub-section (3), and the days
    on which the contributions shall fall due under sub-section (4) of section 29;
        (e) maintenance of register of employees by or through the contractor under sub-section (7), and
    any matter relating or incidental to the payment and collection of contribution under sub-section (9) of
    section 31;
        (f) qualifications and experience of other person to certify sickness under clause (a), authority to
    certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause
    (c) of sub-section (1), the conditions for extension of medical benefits under sub-section (2) and any
    matter relating or incidental to the accrual and payment of benefits under sub-section (4) of section 32;
        (g) continuous period in which the employee contracts occupational disease under sub-section (1)
    of section 36;
       (h) constitution of medical board under sub-section (1) and constitution of medical appeal tribunal
    under sub-section (5) of section 37;
        (i) the period and the nature of medical benefit which may be allowed to a person under the first
    proviso, conditions for voluntary retirement scheme under the second proviso, payment of contribution
    and other conditions for eligibility to receive medical benefits under the second proviso and the
    conditions for grant of medical benefits to the Insured Person during employment injury under the
    fourth proviso, to sub-section (3), the time for which students of medical education institutions shall
    serve the Corporation and the manner in which the bond shall be furnished under clause (b) of
    sub-section (4) and manner of carrying out occupational and epidemiological surveys and studies for
    assessment of health and working conditions of Insured Persons under sub-section (6) of section 39;
        (j) other authority for providing permission to leave the area in which medical treatment provided
    under clause (c) of sub-section (3), form of nomination under sub-section (6) and the authority to
    determine benefits under sub-section (9) of section 41;
       (k) user charges to be paid by other beneficiaries for medical facilities under clause (c) of the
    Explanation to section 44;
        (l) time within which the claims, recovery or contribution, from employer by the Corporation and
    recovery of contribution by the employer from the Contractor, shall be made under the second proviso
    to sub-section (1) of section 51;
        (m) the forms of records and registers and of returns to be filed under the second proviso to
    clause (d) of section 123;
        (n) the appellate authority not below the rank of the Joint Director of the Corporation before whom
    appeal shall be preferred and the interest to be refunded to the employer by the Corporation under
    section 126;
        (o) manner of levy and recovery of damages from the employer who makes default in the payment
    of any contribution which he is liable to pay under section 128;
        (p) the circumstances in which and the condition subject to which any regulation may be relaxed,
    the extent of such relaxation, and the authority by whom such relaxation may be granted; and
        (q) any matter in respect of which regulations are required or permitted to be made by this Code.

How to apply this provision

1. Primary statutory test — (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the cases and matters to be submitted for the decision of the Corporation under clause (b) of sub-section (4) and the composition of committees under sub-section (6) of section 5;
2. Additional operative limb — (b) the areas in respect of which the Corporation may appoint Regional Boards and local committees and the manner in which such Boards and committees shall perform the functions and exercise the powers under sub-section (2) of section 12;
3. Qualification / exception to test — Explanation to section 44; (l) time within which the claims, recovery or contribution, from employer by the Corporation and recovery of contribution by the employer from the Contractor, shall be made under the second proviso to sub-section
4. Numerical or timing control — (d) the unit in respect of which all contribution shall be payable under sub-section (3), and the days on which the contributions shall fall due under sub-section (4) of section 29;
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Authority / officer, Tribunal, 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 157

Source & verification trail