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CS Professional · Labour Laws and Practice · Social Security Legislations

A scheme under section 15 of the Code on Social Security, 2020 is amended by the Central Government so that a new benefit applies from a date earlier than the date of notification. Is this permissible?

Yes. The Central Government may modify any scheme under section 15 prospectively or retrospectively, and a scheme can specify that its provisions take effect from a stated date, past or future. The power is not limited to one scheme or dependent on a fresh Act.

  1. AYes, the Central Government may modify a scheme prospectively or retrospectively, and a scheme may provide for effect from a specified dateCorrect
  2. BNo, schemes can only operate prospectively
  3. CNo, retrospective effect needs a fresh Act of Parliament
  4. DYes, but only for the Employees' Deposit Linked Insurance Scheme

Explanation

Section 15(1)(e) lets the Central Government modify schemes under clauses (a) to (d) by adding, amending or varying, prospectively or retrospectively. Section 15(3) also allows schemes to provide that provisions take effect prospectively or retrospectively from a specified date. It is not restricted to the EDLI scheme.

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