Rules, Overriding Effect and the Repeals

In one line

Who may make rules and how, the rule that this Code beats any inconsistent law or contract unless the worker is already better off, and the repeal of nine Acts.

In exam wording: sections 154 to 164 of the Code on Social Security 2020 confer rule making powers on the appropriate, Central and State Governments and regulation making power on the Corporation, require previous publication and laying before the legislature, give the Code overriding effect subject to a proviso preserving more favourable benefits, permit delegation, allow removal of difficulties within two years, and repeal nine enactments with savings.

Why the law has these at all

Two of these eleven sections matter far more than the rest, and an answer should say so.

Section 161 decides what happens when the Code meets something else. A contract of service, an award, a settlement, or another statute may say something different. Without section 161 the parties could contract out of social security, which would end it. With it they cannot, except by contracting for something better.

Section 164 is the section that repealed nine Acts. It is what makes this Code the law of the subject rather than a reform waiting to be commenced, and it is the reason almost every set of notes a student can find on this subject is now describing repealed statutes.

The remaining sections are the ordinary machinery of delegated legislation, and they carry one feature worth noticing: previous publication with a forty-five day draft period, and laying before the legislature, so that rules which will decide the real content of the benefits are exposed before and after they are made.

Some words this chapter uses

Previous publication means publishing a draft and allowing time for objections before making the final instrument. Laying before a House means placing it before the legislature, which may then modify or annul it. Non obstante clause is one beginning "notwithstanding", which makes the provision prevail over what it names. Overriding effect is what such a clause produces. Delegation is authorising another body to exercise a power. Removal of difficulties is a temporary power to adjust for problems in bringing a new Act into operation.

Sections 154 to 157: who makes what

Section 154(1) requires the rules to be made by notification and subject to the condition of previous publication, and to be not inconsistent with this Code.