Appeal against order of Authorised officer relating to chapter IV
Section 126 of the Code on Social Security, 2020 deals with appeal against order of Authorised officer relating to chapter IV. If an employer is not satisfied with the order referred to in section 125 and relates to Chapter IV, he may prefer an appeal to the appellate authority not below the rank of the Joint Director of the Corporation as may be provided by regulations, within sixty days from the date of such order after d The Act was enacted on 28 Sep 2020.
If an employer is not satisfied with the order referred to in section 125 and relates to Chapter IV, he may prefer an appeal to the appellate authority not below the rank of the Joint Director of the Corporation as may be provided by regulations, within sixty days from the date of such order after depositing twenty-five per cent. of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the Corporation:
Provided that the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal:
Provided further that if the employer finally succeeds in the appeal, the Corporation shall refund such deposit to the employer together with such interest as may be specified in the regulations.
Section 126, The Code on Social Security, 2020 (Act 36 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Marwar Gas Service vs Employees State Insurance Cor.
Court's Decision & Legal Precedent
Where the statute provides an appeal to a designated appellate authority against an assessment order and against the recovery steps that follow it, the employer must take that appeal; the writ petition was not entertained and the petitioner was relegated to the appellate authority with liberty to apply there for interim protection against recovery.
On this section: Illustrates how the appellate remedy that section 126 now gives against an order under section 125 operates as the employer's first and ordinary course, displacing writ relief against the assessment and the recovery that follows.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 126
What have the courts held on Section 126 of the Code on Social Security?
Marwar Gas Service vs Employees State Insurance Cor. (13 Nov 2018) is the leading judgment on this section among those set out below: Illustrates how the appellate remedy that section 126 now gives against an order under section 125 operates as the employer's first and ordinary course, displacing writ relief against the assessment and the recovery that follows.
How do I find court cases under Section 126 of the Code on Social Security?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code on Social Security 126, section 126 Code on Social Security, section 126 of the Code on Social Security. People searching for it also type section 126 of code on social security. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Marwar Gas Service vs Employees State Insurance Cor. (13 Nov 2018).
What should I read with Section 126 of the Code on Social Security, and has it changed?
Its own text turns on section 125 (Assessment and determination of dues from employer), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was Section 126 of the Code on Social Security enacted?
Section 126 of the Code on Social Security, cited as Code on Social Security 126, was enacted on 28 Sep 2020 as Act 36 of 2020. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5890 words
- 155. Power of central Government to make rules1551 words
- 131. Other modes of recovery1340 words
- 143. Power to exempt establishment1042 words
- 6. National Social Security Board and State Unorganised Workers’ Board1022 words
- 76. Amount of compensation946 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.