Section 158: Prior publication of rules, regulations, etc.
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 158 — Governs prior publication of rules, regulations, etc. and the rights, duties, powers or procedure expressly stated in this section. Key operative text: The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following…
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.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:— (a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five days from the date on which the draft of…
- (b) such rules, regulations and schemes shall finally be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Code:
Provisos, explanations & qualifications
- Provided that the Central Government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section.
Thresholds and timelines in the text
- Prior publication of rules regulations, etc.—The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:— (a) the date to be specified after a draft of such rules, regulations and…
Actors expressly appearing in the text
Central Government
Full statutory text — Section 158
158. Prior publication of rules regulations, etc.—The power to make rules, regulations and schemes
under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of
the previous publication of the same being made, in the following manner, namely:—
(a) the date to be specified after a draft of such rules, regulations and schemes under consideration,
shall not be less than forty-five days from the date on which the draft of the proposed rules, regulations
and schemes is published for general information in the Official Gazette;
(b) such rules, regulations and schemes shall finally be published in the Official Gazette and, on
such publication, shall have effect as if enacted in this Code:
Provided that the Central Government may, in the circumstances of epidemic, pandemic or disaster,
dispense with the condition of previous publication under this section.How to apply this provision
- Primary statutory test — The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:— (a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five days from the date on which the draft of…
- Additional operative limb — (b) such rules, regulations and schemes shall finally be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Code:
- Qualification / exception to test — Provided that the Central Government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section.
- Numerical or timing control — Prior publication of rules regulations, etc.—The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:— (a) the date to be specified after a draft of such rules, regulations and…
- Evidence file — retain facts and records proving the role/status of: Central Government.
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 prior publication of rules, regulations, etc., the file should show coverage, service/contribution facts, the rule/scheme and prescribed form, and the calculation/payment. One statutory point to test is: “Prior publication of rules regulations, etc.—The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely” Also test the express qualification/proviso before concluding the result.
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 158
What does Section 158 of the Social Security Code cover?
Section 158 — Governs prior publication of rules, regulations, etc. and the rights, duties, powers or procedure expressly stated in this section. Key operative text: The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following…
What is the main legal requirement or power in Section 158?
The first operative clause identified from the official text is: “The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:— (a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five days from the date on which the draft of…” Read it with the remaining subsections and any proviso below.
Does Section 158 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that the Central Government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section.”
What time limit, percentage or amount appears in Section 158?
The provision contains this numerical/time expression: “Prior publication of rules regulations, etc.—The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:— (a) the date to be specified after a draft of such rules, regulations and…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 158?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 158 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.