p Fe Pf Services Manual 1972

8/13/2019 p Fe Pf Services Manual 1972

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For Official Use On1r;7I

The Employees Provident Fund- -,,:. I ,

SERVICES M NUII.,

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PREFACE I'll Employees' Provident Fund Organisation hascomplet d 20 years of its existence. Rules and Regulations havebee made from time ~8 :::-::-::: ~':~:'::.:::. ::-C'C'_:~~~(>n , conditionsof ss rvicc, grant f various types of advances, etc., to theemployer-so In th matters Ior which no provision Or insuffi-cient provision has been made in the Rules framed for theemploye s, th rules applicable from time to time to the corres-ponding category of Central Government employees apply. Aneed for a handy book of ref rencc, containing all the Rules andRegulaions, etc., framed by the Employees' Provident FundOrganisation and a list of the important regulations framed byth Central Government for their employees and applicable tothe employe s of this Organisation was felt for some time past.The present servic s manual is aimed at fulfilling thisrcquir merit and it is hoped that it will serv the intendedpurpose.

lj j I,\., i,t :Il/\1 I i

New D 1hi1972 :.(V. S. D sika Chari),Central Provident Fund Commissioner.


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CONTENTS

S. No. Description Pages

L The Emnlovees Provident Fund (Staff and Conditionsof Service Reguia.ionsj, 1962 1-23The Employees' Provident Fund Organisation (Commis-sioners) Recruitment Rules, 1966

The Employees' Provident Fund Organisation (FinancialAdviser and Chief Accounts Officer) Recruitment Rules.1972 30 314 The Employees' Provident Fund Staff {Classification.Control and Appeal) Rules. 19715 The Employees' Provident Fund Staff (Classification.C onuol and Appeals) Rules, 197 J -A pplication to theCommissioners Order 576 The Employees' Provident Fund Accounts Service..Exa-mination Scheme 58-er.

,/7. / The Employees' Provident Fund Organisation (StaffContributory Provident Fund) Regulations, 1960 (,7-858. ./ The Employees' Provident Funds, Central Board Em-ployees (Allotment of Residences) Rules, 1972 8C--.l


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r-.lYIEMPLOYYES PROVIDENT FUND (STAFF AND .CONDtTIONS OF

SERVICE) REGULATIONS, 1962.LAs amended up to 30th September, 1972]

IL Short title and cornrnencemenr.c--t l ) These regulations may be

called the Employees' Provident Fund (Staff and Conditions of Service)Regulations, 1962.

(2) They shall be deemed to have come into force with effect from-(i) ~he 1st December, 1952, in relation to employees of the

Headquarters of the Organisation in New Delhi (Office ofthe Central Provident Fund Commissioner, New Delhi) ;

(ii) the 19th March, 1960, in relation to employees in variousregional offices of the Organisation ;

Provided that no case relating ,;0 conditions of service of any employeewhich has already been finally decided shall be reopened by virtue of anyprovision contained in these regulations :

Provided further that if any doubt or difficulty ari~s in regard tothe applicability of all or any of the provisions of these regulations to a. 1Ysuch case which has not already been finally decided, the decision of theCentral Government thereon shall be final.

2. Definitions.-In these regulations, unless the context otherwiserequires-

(a) 'Act' means the Employees' Provident Funds Act, 1952 (19 of1952) ;

(0) 'Commission' means the Union Public Service Commission(c) 'Organisation' means the

Organisation(d) 'Commissioner' means the Central Provident Fund Commis-'

sioner or a Regional Commissioner appointed under para-graph 19 or 20 of the Employees' Provident Funds Scheme,1952 ; -,

Employees' Provident Fund

lpublished in Part H. S.. tion 30) of the Gazette of Ind ia datal t..~e19thMay, ]962 vide Notification No G.S.R. 691.


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2(e) 'employee' means a person appointed to or borne on the cadre

of the staff of the Organisation ;

(f) 'month' means a calendar month;(g) 'post' means a post under the Organisation;(h) 'Schedule' means a Schedule to these regulations(i) 'Service ' means service under the Organisation ;(j) 'Board means the Central DVClni vI -r~u~c


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---- -~~--~ --- --- _ ........ -- -

_ildtOTity.-TtlE: posts o Central . and Regional\ J.) Commissioners and De~uty Prcv.dent Fund Comtnissione rs shall be filledby the Ce:n71':l1 G:::,. .irnent in accordance with the provisions of theScheme, wi thout consuh.ing the Union Publ ic Service Commission.

(2) Ap?lJi; ;tn:'2l1ts to posts carry'ng scale of pay with maximum ofRs. 580 per month Cl' r:: : :-zo, other than those mentione-d in sub-regulation(1) shall be made by the Central Government in consultation with theUnion Public S2T':~C(.'Commission. in accordance with recruitment ruleslaid do's;'. in the Second Schedule

(3) A_~'L( )~~ )-~~ -Y: ) 1+' 1' '1 ~- i ,~4~ ;) 11......~n: 1~?;:- =~b-:rc;gulatian (2) fOT ~period not excee::E::g 0:1(> year may be made by the Central Governmentwithout consulting t he Union Public Servic- C:0mmjso;ion.

(4) Appointments to other categories of posts shall be made by theCommissioner in accordance with the provisions o[ the Scheme and therecruitment rules laid down in the Third Schedule. The Central Com-missioner sh3.11 be ~~'-?appointing authority for the posts in the Head-quarters office and the posts of Head Clerk and Provident Fund InspectorGrade E in the ?esic::.:al Offices and the Regional Commissioner for allthe remaining posts in their respective Regions .

(5) \J7i~L:;c;: nrejudice to the generality of the I.'ro'~sions contained_E s.ub-regularion (..)} the .Cornmissioner, may, if it is considered necessary,delegate the powers of appointrnen- in respect of class 1'v posts or any ofthe junior Class lIT PQ3tS for which he is the appointing authority;' to' anofficer subordina.s to him .. out LOl below the rank of an AssistantCommissioner.

fr. .?rob:;>;


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4(3) The ~llJi::u~mingauthority

continuous period during which anmay, at its discretion, count 2H1Yemployee has successfully officiated

as period of probation in that post,(4) P..n employee shall be confirmed in the post on satisfactory

completion of probation if the post against which he is appointed ispermanent and substantively vacant. If the post against which 'le isappointed is temporary. he shall continue in a temporary capaci, or.satisfactory completion of nrobation.

(5) The d{,C:S1flTI 0:1 'D'-' cu=stion \,..hether an employee should beconfirmed or whether he should b~ deemed to h2ve completed the periodof probation satisfactorily or whether his probation should be extendedshall ordinarily be taken within a period of two months after the expiryof the perrod of probation, and communicated to the employee togetherwith the reasons in a case of extension. An employee, who does not makesatisfactory progress, or shows himself to b~ inadequate for the post in anyway, shall be informed :J his shortcomings sufficiently bEfore the expiryof t~e initial period of prc iic to enable him to mak- special effcrtafor improvement.

'BA. Regu.i-arion of pay f probationers.- ..Drawal of pay andincrements by persons appointed on probation to the posts in the Organisa-tion shall be regulated by the relevant provisions contained ill the Funda ..mental Rules and Supplementary Rules as are applicabl,,:o personssimilarly appointed to correspondir.g categories of posts under ili CentraiGovernment.

7. Cornmencemeut of SeT vice.--Service shall commence from theworking day on which an employee reports io: duty in an appointmentcovered by thes- regulations at the place and time intimated to him by 'theappointing authority provided thzt he reports IOY' duty in the forenoon;otherwise his service shall commence from the next working day.

-----------------------.---

8. Termination Of SeTiJice.- l Notwithstanding anything con-tained in these regulations, an emplO:J~eeshall not leave or discontinue hisservice without giving, where he is a permanent employee, three months'notice, and in any other case one month's notice L'1 writing of his mten-tion to do 90 , to the Officer-in-Chargs of his office or in the case of th'.'Head of an Office, to the next superior Officer, and until the notice, sogiven is accepted by the appointing authority.

lSubstituted vide GS.R. 127 published an the Gazette ot India, Part TI, & 1:-tion 3, Su'b..Sect.ion (i) dated the 28th January 1967.


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,.. _([) ... 5(2) The services of a permanent employee may be terminated on the

~t:c:lition of the permanent post 'held by him in a class or cadre. or reduc-tion in Lh~ number of posts in a class or cadre by the authority competentto make appointment to the post which the employe h()10::: On givingilwee months' notice or pay in lieu thereof, provided that this power-shall be exercised where the appointing authoritv is nr-t the CentralGG-,-enunent or the Commissioner as the case may br-, ,-itl~~h(' approvalof the Central Government or the Commissioner,

(3) The services of a temporary employee nlay be t errninated,;.::.t;'od assigning any reason therefor, at any time after giving rum one;-:-,':::1:h'5 notice or pay plus allowances in lieu thereof by :h~ appointingauthority.

(,~} ':-'~c t,\ ::hstanding the prOVlSlOD5 of sub-regulations (1), (2) and(,3), the Services of 8...' 1Yemployee may be terminated by the appointing~c:ti:onty after giving one month's notice or pay plus allowances in Iieu:.;-:erecf OIl his being certified by a Medical Board to be permanentlyincapacitated for further service in the Organisation.

9. ' Pay, leave, pronident fund. and age of compulsorj, retirement.-i . The scares of pay attached to the posts under ire Organisation shall~ , ::i~O :-:', ::) ut in thr- First Schedule.

(2) Th(~,egulation5 relating to he grant of leave, benefit of pension,:21;~ g:-atL:ity OI contributory provident fund to the employees and the age8t which they shall be compulsorily retired from service. shall be as setout in the Fourth Schedule.

(3) The fixation of pay, grant of increments and connected matters \shall, in the case of an employee, be governed by the provisions contained \\in tle Fundamental Rules and the Supplementary Rules, framed there- \under, ~;s applicable, from time to time, to employees of the CentralGoverncent, The initial pay of employees appointed on the recommenda-tions of the Commission will, however, be as recommended by theCommission.

(4) Notwithstanding the provisions of sub-regulation (3~(a) the initial pay' of a Government servant, permanent or

temporary, .on first appointment in the Organisation on the -,'recommendation of the Commission or otherwise shall not,be less than what would have been admissible to him if was appointed to a post in a similar scale of pa y under tCentral Government ; -

It


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which he is appointed ~n ~h~; ,Jrq.~t~~s(1.i0nshall be countedfor purposes of increment :0 th ;~cx:ier:~ that such service iscounted for increment uncle,' th~ Central Government in suchcases provided that he is anpointcd in it:: Organisation with-out any break after ,ll\.:: t errnination of his servicr, under theCentral Government.

trayel1in? allowance ?~ld concesrions as ;r1~;=i-b::- 2d~is~~b\~ ;rorn t=.:::-:.eotime to corresnond 1n~ categories of Cen t ;-;11 (;'0-1/e}'TI-:ncl1~ servants.

10. S1Lperanl71W1 ion be7?cfits.-All employees, o~~2r than a Govern-merit servant 01~1 1 crnployee (If a local arr' h::~-;:-f:-r ;: :~~~.ttltor:.i-organisationwho is on deputation to the Organisation s~',al ~,~ ;,::;it~cd to S~ ('~1 superan-nuation benefits as the Organisation may, Irom tim to t::ne. prescribe .viththe approval of the Central Government.11. 1[.. ,.; *].

12. Proteciirrr o rioht s Cl nd p; .1.:i~c.::. : ( - ~? .tr~~i-:::; ~ .i7~f ~au) 01 G9T?-mcnt.- l Nothing in these regulations: sha'I op,,; 'fc toemployee of any right 01 privilege to which he is enti+1l'd--

any

(a) ~or'2e.OT

(b) by the terms of any agreement subsisting between such personand the Employees' Provident Fund Organisation.

13. '[* *].. ..14. 1[* .. .. l15. 1[. ., .. . .16. 1[. ' * ' .. '].17. 1[. .. .. 'l18. 1[* . ] .. ' ' '-------------- ---_._--- _ .._ ._-------_ .._- ,--IDeleted vide G.S.R. No 1602 dated the 30th October. 1971. .:


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i~ :.~cat.c:o:y of Central Gn\-e~'lJYt2n) servants G~1all apply, subjr c; .1_:) ::~~(':~;:::-Qiflca;~~c:~.3~~d. variations er exceptions if any, as th::--. COTJ:mic:;s:nnpr : :~:\J

:~~ 1the a lJ~ )~ ::-~\-21of the CC .tral Government by order from time ~() t~r: f'

Expla::;i.l:icn.-FoT the purpose of these regulations, : :;e Commis-sioner may, with the approval of the Centra G:J',-2:-::'::Cl~~D:-,- ortier, specify the posts under the Organisation whichshall correspond to the posts under the Central Covern-;:::ent.

0:-~:--:: :1 :.3ct~ :n.-(1) Notwithstandingt.-~(':~s~ Gover nment servant or

anything contained iJ1 thc::e R0g:u1a-an employee of a Iocal authorlty

or E\ statutory Ol-gar::sation taken on deputation by tho Organisation _may(';Isobe considered along with other employees, for confirmation a;,:)irsta pcrn . er:.t ::'2St or for promotion, if such Government servant er ern-plc-~,~C'esatisf . s the provisions of these Regulations except the ;)rO'.isio1;-.~~escrib ngage Iimit

(:} ~~ ~ seniorrty of such Government servants or enT:--:.lc,~~;-s'es ::'1 th:eO:-;:,_:r::s2.tic:1 in the posts to which they are appointed shall be: de:':e:-:,1inedr-., _ 7;'0 respective dates of their appointment in the Organisation CI:- Tank;::-,he relevant selection list. as :he case may be; and the other conditionsof service in the Organisation shall be regulated by such terms :::ndcondi-~;:)'1S 0: deputation as may be agreed upon in each case, so long as theyremain on d=;mtation, and thereafter 'by these Regulations except thattl1e:'r previous service under a Government or a local authority or a statu-torv Organisation may count for pensionary benefits in the Organisationto the extent permissible or as may be agreed upon in each case.

31. Relaxation in exceptional c~es.-Where the Commissioner issa t.isfie d that the operation of any regulation or provision in the matter oftho conditions ot service of an empl


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- -.-.-'- -- .-.~---.--- ~-=-..: ~~-

33. Deciaratum. to be made empioyees.-Every employee \.0 o;;~omthese regulations apply shall make the following declaration :

I l12~e~ydeclare that I have read zr:.21~::: S-~Jscl~ibe and ag ree to be bound th(..~ sa.d }=?eg;1;.2i;..i~~:-~::..

,-.,;...:css Employee


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v . ..,.

FIRST SCHEiJG.i...

Repealed vid~ G.S.R. No. 1602 dated the sou, Oet 97

.~-.: - : ,

.~-,-,


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-,l0J'SECOND SCHEDULB

N~.:.1~f 110St No. ofposts Clavslfica-lion Scale of PllY\VhclhcI

ScIC'CtlOIlPost ornon.Setecnou\:,:'i

Ago for direct r e-emit..

Whether agoand educa-tional Quali-ficationprescribedfor directrecruits willrl ~..,Iv i .1

Educauonal :In


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12 (4)Ar: I: unu ,

()f(i


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r-j1

THIRD SCHEDULE[Recruitment Rules for all posts falling under regulation 5(4)]

, i

1. The qualifications prescribed for the posts in the Organisationshall be as laid down in the Appendix to this Schedule. l[The prescribedqualifications will not, however, apply when members of the Staff em-ployed in the Organisation are promoted to higher posts in the Organisation,provided that persons promoted on the basis of seniority or on the basisof merit should have put in at least three years' service in the post fromwhich promotion is made].

\ ,.,,-

IrI 22. Appointment to the following posts shall be made as providedfor hereunder :-

Serial-~< No. Post Mode of appointment.

31 Head Clerk (Internal Audit. By transfer of suitable Head Clerksserving in the Regional Offices failingCentral Office) which--(a) by direct recruitment, or(b) by promotion of U.D.Cs. having3 years' experience of accounts andor internal 'audit work in the Re-gional and/or Central Officesres-pectively

42 Peons/Malies and Chowkidars Direct recruitmentin the Headquarters Office .and Regional Offices .' . . :.


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Post Next lower grade from which promotionis to he made

5. Upper DivisionClerks (Head-quarters and Re-gional Offices) .'

11. Superintendent(HeadquartersOffice)50% Promotion of Assistants, Junior TechnicalAssistants and Stengraphers (Senior) in theHeadquarters Office.

Promotion of employees serving in theHeadquarters and Regional Offices on thebasis of competitive examination (part Iof the Acccunts Service Examin ition) inthe manner indicated below ;-2[* * * ,~ * *]1. Head Clerks (Re-gional Offices)

: lAmended vide G.S.R. 78'/ i dated~,1pth May, :1970 '.;./;: 20mitted vide G.S.R. NQ. 14~.qat~,th~7th January. 197~~

:j

'I Subject to theirI possessing threeI years' experienceI and not exceed-I ing the age limit of 45 years onI the 1st day of\,. the financialyear in whichthe examinatioIiis held.III ,':;:;1J

SerialNo. (uota -to bereservedfor. depart-'m nt l

'1 Subject to tl1eir:t.::-'possessing ten years' experience .-I and not exceed- .;EI ing the age limit 'r'6. Stenographers I .of 45 'years on f(.':. ':-';. :. '. ,/::.~. ': :- i.;i.:.:,:.;~:~~~~~~a~~_; f' :: ; ~il~~rJf.J~'

:L ....\. -: ~.i;-:.': :'.'. .~ :.>:ir~.~onal.Offices);,,~:-yl year in.which . ' ..~, . ~ t -. .: , ~ , . i the exaination > .:~C

. ., I. 7. Lower Division' \ is held. -:. :'1}. Clerks including. . .,. Steno-typists, ,Tele- .f.' -. -;~,t ': . s : phone and 1elex \- ..... ~

.,' : .>-.' .'.;l'-,Operators c -.'j .s .,. : -. - - , ~'- .:~~.;-,

promo-tion

50%

2. Stenographers(Senior) (Head-quarters and Re-gional Offices)3. Assistants (Head-

quarters Office)

;---.

4. Junior TechnicalAssistants (Head-quarters Office)


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/li::)VProvided that in exceptional cases the prescribed age limit of 45

years may be relaxed by 'not more than 2 years with prior approyal,oftheCentral Provident Fund Commissioner.

Provided further that if adequate number of candidates do notbecome available on the results of the examination. the vacancies shall be

t i

11l1t:u ~.Y J~j:c:ctrecruitment.

Provided also that the employees of the Organisation who have beenor are declared qualified in the Part I of the Accounts Service Examina-tion held before the commencement of the Employees' Provident Fund(Staff and Conditions of Service) (Amendment) Regulations, 1970, shall

be eligible. for promotion.

Promotion of 'Head Clerks serving in therespective regions on the basis of senioritysubject to the rejection of unfit ..Promotion of employees serving in the Head-quarters and Regional Offices on the basisof a competitive examination (part I of theAccounts Service Examination) in themanner indicated below :-1. H.ead Clerks (,Re- .. .1 f Subject ~o theirgional Offices) , 'f possessing three( _ yeats'experi-2. Stenographers (Sen- I enceandnotior) (Headquarters exceeding age'and Regional Offices) } limit of 45 yearsI on the Ist day3. Assistants (Head- I of the financialquarters Office) year in which .4. Junior Technical I the examina-Assistants (Head- I, tion is held.quarters Office) J,5. Upper Division I Subject to their .. , . Clerks (Head- . ( ',' -I possessing ten: r : - , .':quarters and ne- I years~ experience \'gional Of ices) ,,~d not exceed- .....' ,, mg the age- .. ,-':- , ..~ ~.6. Stenographers' ;, .'-_I.:_Jimit of 45 ,::~'. ,-,;'


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',~

'I.

16Provided that in exceptional 'cases the prescribed age limit of 4;.years may be relaxed by not more than 2 years with prior approval of the

Central Provident Fund Commissioner.Provided further that if adequate number of candidates ido not

become available -on the result~'of the examination the vacancies shall be'-filled by direct recruitment.

Provided also that the employees of the Organisation who have beenor are declared qualified in the Part I of 'the Accounts Service Examina-tion held before the commencement of the Employees' Provident Fund(Staff and Conditions of Service) (Amendment) Regulations, 1970, shall beeligible for promotion.

Quotato bereservedfordepart-mentalpromo-tion

Next lower grade from which promotionis to be madeSerialNo. Post

100% Promotion of employees


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25 % ed to those who have rendered not lessthan 5 years' service as lower DivisionClerks including Stenotypists, Telephone orTelex Operators or three years' serviceas Upper Division Clerks including Steno-

. \ graphers (Junior) and who are not morethan 40 years of age on the 1st day of. January of the year in which the exanmina-

tion is held, failing which by directrecruitment.100% Stenographers (Junior) in the CentralOffice who possess the prescribed qualifi-cations failing which by direct recruitment.

100% Lower Division Clerks including Stenotypists, Telephone or Telex Operatorswho possess the prescribed qualificationsubject to their coming out successful in acompetitive test with the speed prescribedagainst S. No. 8 in Appendix to the ThirdSchedule, in .Stenography and typingf iling the bove method th posts sh ll be ~

, v ; filled by direct recruitment. ~27 Upper Division --'. ]5% -Promotion of Lower Division Clerks in theClerks (Head- . ::, :. .. Headquarter Office on the basis ofquarfers .office), . ,.) ,',. '.vseniority subject to j the rejection of., ... : ,;, -f;; .unfit.. 25~-;; '.Promotion of Lower Division Clerks of

. Headquarters Office on the result of a.... , competitive examination restricted ,.to . ',. :> existing Lower Division Clerks m the.~ -Headquarters .18 '-Upper Division 850% Promotion of Lower Division Clerks in-,', ,Clerks:(Regionat, 'l r ~. eluding. Steno-typists, Telephone or Telex., .;~,O.ffi~)i/ ;:;~:5: U;,'- . ~.:. Operators in Regional Office on a re-< .,' '1.'- ;.'~~t-'5:}'p' ..=: ~., gionalbasisonthebasisofsenioritysubject..... .' ..... t: \~P;,.:,~.-,.,: f:-~,; '.' .~ ,:i I .. to: the, rejection of the unfit,:

.- .: ~~; }. .~j:.li;WJ:i::. '-1;,-1::,:'k:. ...or,TelexOperatorsiof the' Region.: ,._.-..:... ' ....-,,...::


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19

Post ~.;\:\t .owcr grade from which promotionis if. be madeSerialNo. Quota10 t:ITS~\~dfordepart-mentalprorno-tion

112 Daftry in :fead-quarters Office1 j 3 Daftry in RegionalOffices

such vacancv or vacancies as the casemav be. shail he filled bv direct recruitmcnt ;~s in the case of the residual65r)/ vacancies.iOll;;' i); ':i'ry in Headquarters Office in the orderof seniority subject to proficiency ofhandling the Gestetner Machine.1OO~~ Dafiry jil Regional Offices in the orderof seniority subject to proficiency ofhandling the Gesietner Machine.()O:;,~ Peons in Headquarters Office.

110 Gesteiner Operator(HeadquartersOffice)III Gestetncr Operator(Regional Offices)

lOO~,~ Pcons in Regional Offices.------_._------------------------------- -------------Noie.-- fhe requirement 01 50 per cent prescribed against serial No. 1Superintendent (Headquar-ters Office) and S. H. ;


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Concessions in the matter of age-limit at present available underthe Central Government rules to candidates belonging to the ScheduledCastes/Scheduled Tribes wi ll be allowed. [There is no age limit for staffPl11p oyecl in th'::' Organisation on the date of i;;SLlC of the notification ofthe 10th May. 1962. Unless specifically provided in any recruitment bypromotion, th('rc is also no age limit tor promotion of staff to higherposts and Ior appointment by transfer at employees of Government andStatutory Organisations. The Central Provident Fund Commissionermay relax the age limit, for reasons to be recorded in writing in respectof appointments to all posts except those for which the Central Govern-ment is the appointing authority. The Central Government may relaxthe age limit fr.r reasons to be recorded in writing, in respect of allappointments for which the Central Government is the appointingauthority.].

6. Transfer of staff f'rom one region to another region and fromRegional Offices to Headquarters' office and vice-versa in similar posts canbe made with the approval of the Central Provident Fund Commissioner.Necessary travelling allowance and :oining time should be allowed onsuch a transfer except when any transfer j allowed on the request of anindividual. On each such ,1'211sfe1',seniority, pay etr., will remain the sameas in the post held before transfer.

s-:

Persons employed in Government offices or Statutory Organisationmay also be taken on transfer but when any person is taken on transferon deputation on 'foreign service' terms, approval of the Central GOvern-ment to the temls of his denutation should be obtained before appoint-ment :;providd that no appointment to the post of Lower Division Clerkshall be made on transfer basis.

--- ----------- --------lSubstituted vide Notification, G.S.R. 1483 dated the 5th September, lSS3published in the (Gazette of Inr1;a-P,nt H. Section ~~,Sub-section (i) dated the14th September, 1963.

2Amended vide G.S.R. 787 uated the 16th May, 1970.3Substituted vide G.S.R. 337 published in the Gazette of India, Part TSection 3, Sub-section (i ): dated the 11th March, 1967.


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Serial Category of postsNo_

Superintendent (Head-quarters Office)

@APPENDIX

21

Minimum education and other qualifications

Graduate with at least three years' experience ofoffice work in a post of a rank correspondingto an Assistant in a Government Of ice or in aStatutory Organisation.2 Provident Fund Inspectors Essential:(Grade 11)

12A Head Clerk in RegionalOffices -23 Technical Assistant(Headquarters Office)

4 Assistants

l(i) Degree of a recognised University or cqur-valent.(ii) About 2 years' experience in a responsiblesupervisory capacity in Government orSemi-Government Oraanistion or in aBank or in a Commercial firm of standing.

ORAbout 2 years' experience at the Bar. [Qualif'ica-tions relaxable at discretion of tne appointingauthority in case (If candidates otherwise wellqualified).Desirable:(i) Knowledge of Company Law/Labour Laws,(ii) Knowledge of Hindi and/or the Regionallanguage of the Region to which the postpertains.

Graduates with three years- experience of officework.Law Graduates other than those who haveenrolled themselves as Advocates shouldpossess at least two years' experience in aGovernment Office, Undertaking or reputedfirms where legal work has been handled by thecandidates.Graduates with at least three years' experiencein Government Offices or reputed privatefirms. -

lSubstitutcd vide G_S_R N.o_ }824, dated the 22nd November, lU66.:Am~mlcd vide G.S.R 787 dated the 16th May, 1970_

_ _'_ ._ r ~' ~._,_~ __ _.-..,::....:;.. 'Y ,.... --, __ _ .~_ ' '. . ~ ._


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--------- -- ---- ~.------------------- - -----SerialNo. Category of posts

Minimum education and other qualifications

5 Upper Division Clerks Intermediate/Senior C(1mbridgejHigher Second-ary certificate or equiva lcnt qualifications.6 Lower Division Clerks IMatriculation or equivalent qualif'icatioris untilreplaced by Higher S'econdary Certificates.

(Any person appointed to the post of LowerDivision Clerk shn p(' ilh rr 1::'? sanctionedIncrement nor shall cc confirmed in the sradeuntil he acqum;~;1 speed of 30 words perminute typewritiug) .

27 Stenogra pher (Senior) (a) Matriculation or equivalent qualifications.e-

(b) Speed of ]20 words per minute in short-handand 50 words per minute in typing.28 Stenographer (Junior) (a) Matriculation or equivalent qualifications.

(b) Speed of lOO words per minute in short-handand 40 words per minute in typing.38A Steno-typist (a) Matriculation Or equivalent qcalifications.

(b) Speed of 80 y,:::rc1sper minute in short-handand 40 words per minute in typewriting.38B Telephone or TelexOperator (a) Matriculation or equivalent qualifications.

(b) In the case of Telephone Operator, thecandidate should be able to operate a fiftylines PBX with four junctions and in the caseof Telex Operator, he should be able tohandle efficiently a Telex Machine.19 Class LV Staff other iiian Middle School StandardMali, Chowkidar, Frashand Sweeper -..


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1.I~it-.

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23FOURTH SCHEDULE[See Regulation 9 2 ]

The conditions of service of employees in the matter of leave,gratuity; provident fund and age of compulsory retirement shall be asspecified against the relevant entry below :-

,Leave.-Revised Leave Rules, 1933 as may be applicable to thecorresponding category of Central Government servants fromtime to time.

Provident Fund.-Employees' Provident Fund Organisation (StaffContributory Provident Fund) Regulations, 1960.

ORPension and other superannuation benefits in acordance with a

Scheme to be prepared on the lines of the liberalised pension-cum-gratuity Scheme as applicable to corresponding CentralGovernment employees from time to time.

Ag.e oj compulsory retirement.-As may be prescribed from time, totime, by the Central Government in respect of correspondingcategory of Central Government servants, in rule 56 of theFundamental Rules.

FIFTH SCHEDULE1[* * -* * * *]SIXTH SCHEDULE

I.jt,'; 1[* 0 * *

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IDeleted vide G$.R. No. 1602 dated the 30th October, 1971.


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.24ITHE EMPLOYEES' PROVIDENT FUND ORGANISATION

(COMMISSIONERS) RECRUITMENT RULES, 1966[As amended up to 30th September, 1972]

1. Short title and commen.cement.- l These rules may be calledthe Employees' Provident Fund Organisation {Commissioners) Recruit-ment Rules, 1966.

(2) These rules shall come into force on the date of their publica-tion in the Official Gazette.

2. Application.- These rules shall apply for recruitment to the .posts as specified in column 1 of the Schedule annexed hereto.

3. Number, classification and scale of pay.-The number of posts,their classification and the scale of pay attached thereto shall be asspecified in 'columns 2 to 4 of the said Schedule.

4. Method of recruitment, age limit and other qualifications.-Themethod of recruitment, age limit, qualifications and other matters con-ne te therewith shall be as specified in columns 5 to 13 of the Scheduleaforesaid.

5. Disqualification.- a No person, who has more than one wifeliving Or who, having a SPOUSeiving, marries in any case in which suchmarriage is void by reason of its taking place during the life-time of suchspouse shall be eligible for appointment to the post; and

(b) no woman, whose marriage is void by reason of the husbandhaving a wife living at the time of such marriage or who has married aperson who has a wife living at the time of such marriage shall be eligi-ble for appointment to the post:

Provided that the Central Government may, if it is satisfied thatthere are special grounds for So ordering, exempt any person from theoperation of this rule.

6 Power to relax.-Where the Central Government is of theopinion that it is necessary Or expedient so to do, it may, by orders, forreasons to be recorded in writing, and in consultation with the UnionPublic Service Commission, relax any of the provisions of these ruleswith respect to any class Or category of persons or posts.

II

(\

IPublished in Part 1[, Section 3 (i) of the Gazette of India dated the...... August, 1966, vide Notilcation No. G.S.R. 1283.2G.S.R. 219, dated .the. 9th February, 1967.

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\.I\i\SCHEDULE

Recruitment Rules for the posts of Commissioners under the Employees' Provident FundOrganization in tbe Ministry of La bour, Employment and Rehabilitation

Name of post No.ofpostsWhetherselectionpost ornon-selectionpost

Educational andother qualificationsrequired fordirect recruitsClassifi- Scale of Paycation

Agelimit fordirectrecruits

(1) (7)2) (4) (5)3) (6)

*2. Regional Provi- 2 Class Ident Fund Com-missioners (SpecialGrade)*3. Deputy Provident 3 Class IFund Commis-sioner and Re-gional Provident

Fund Commis-sioners (Grade I)*4. Regional Provi-dent Fund Com-missioners (GradeII)

1.. Central ProvidentFund Commis-sioner

-4-A. RegionalProvident FundCommissioners(Grade HI) andDeputy RegionalProvident FundCommissioners.5. Regional Provi-dent Fund Com- .missioners (Grade

IV) and AssistantProvident FundCommissioners(Grade 1) (Head-quarters andRegional Offices)

RsClass I 1,800-100-2,000 Not appli- Not appli- Not applicablecable cable

1,300-60- Selection Ditto1,600 Ditto

1,100-50- Selection Ditto1,400 Ditto

4 Class I 900-40- Selection Ditto1,100-50/2-],250Ditto

7 Class I 700-40-J ,100-50/2-1,150Selection Ditto Ditto

19 Class INon-ministerial400--25-450-30-600-35-670-EB-35-950

Selection 40 yearsand below.[Relax-able forGovern-mentservantsand em-ployeesof theProvident'FundOrganisa-tion]

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'26

Name of post No. Classifica- Scale of Payof tionpostsWhetherselectionpost ornon-selectionpost

Agelimit fordirectrecruitsEducational andother qualificationsrequired for directrecruits

(I) (2) (3) (4) (5) (6) (7)

5 Essential: .;:Membership of theInstitute of Charter-ed Accountant orequivalent.

(i) Degree of a reco-gnised Universityor equivalent, and(ii) About 5 years'experience-..(a) in a responsiblesupervisory capacityin a Government orSemi-GovernmentOrganisation or ina bank or in aCommercial firm ofstanding

(b) at the Bar.(Qualifications re-laxble at Com-mission's discretionin case of candidatesotherwise well-qualified)

esir ble

Inserted/substituted :Vide G.S.R.1529, dated 30th September, 1967,G.S.R. 807, dated 18th May, 1971, andG.S.R , dated 28th March, 1972.

(i) Knowledge ofCompany Law orLabour Laws.(ii) Knowldege ofHindi 'or any otherregional language.

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~ 27Whether ageand educa-tional quali-ficationsprescribedfor the directrecruits willapply in thecase ofprornotees

Period ofprobationif anyfa D.P.C. exists,what isits com-position

Circumstancesin which U.P:S.C. is to be con-sulted in makingrecruitment.

Method of re-cruitment ..whether bydirect recruit-ment or bydeputation/trans-fer and percent- -age of the vacan-cies to be filledby variousmethods

In case of recruitment bypromot ion/deputation/transfer, grades fromwhich promotion/depu-tation/transfer to bemade

(8) (9) (to) (11) (12) (13)I. Not appJi- Not app- By transfer on Transfer on deputation: Not appli- As requiredcable licable deputation. cable under the rules.Suitable Officers belong-ing to LA.S. and CentralServices, Class I. JPeriodof deputation, or inarily,not exceeding 5 years).

Promotion: Ditto 2 years By promotion Deputy Provident Fund Class I, AS requiredfailing which Commissioner and Re- D.P.e. under theby transfer on gional Provident Fund Union Publicdeputation. Commissioners (Grade I) Service Com-with 3 years' service in missionthe grade. (ExemptionTransfer on deputation: from Consulta-tion) Regula-Suitable Officers belong- tions, 1958.ing to I.A.S. and Central/State Civil Services-Class I. [Period of depu-ration, ordinarily, notexceeding 3 years].

Promotion:.. Ditto 2 years BY promotion Regional Provident Fund Class I. Dittofailing which Commissioners (Grade D.P.C.by transfer on Il) with 3 years' servicedeputation. in the grade.

Transfer on deputation:Suitable Officers belong-ing to I.A.S. and CentralState Services-Class I.(Period of deputation.ordinarily. not exceeding3 years).Promotion:

II,r1

I. Ditto Regional Provident FundCommissioners (GradeIll) with 3 years' servicein the grade.Transfer on deputation:Suitable Officers belong-ing to I.A.S. and CentralState Civil Services-Class I).(period of deputationordinarily, not exceeding3 years).

Dittolass I.D.P.C.2 years BY promotionfailing whichby transfer ondapjjtation,


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2'8 @Whether age Period of Method of re- In case of recruitment by HaD.P.C. Circumstancesand educa- probation, cruitrnent, promotion/deputation/ exists, in which U.P.Stional quali- ifany whether by transfer, grades from what is C. is to be con-fications direct.recr uit- which promouon/depu- its COIll- suited in makingprescribed ment or by tation/transfer to be position recruitment.for the direct deputation/trans- maderecruits will fer and percent-apply in the age of the vacan-case of des to be filledp romotees by variousmethods

--~--(8) (9) (10) (11) (12) (13)

4A. Not appli- 2yearscable Promotion: Class ID.P.C. As requiredunder the UnionPublic ServiceCommission(Exemptionfrom Consulta-tion) Regula-tions, 1958.

By promotionfailing whichby transfer ondeputation. Regional Provident FundCommissioners (GradeIV) and Assistant Provi-dent Fund Commissioners(Grade 1) (Headquartersand Regional) with 3years' service in thegrade.Transfer on deputation:

Suitable Officers fromCentral/State CivilServices-Class J.[Period of deputation,ordinarily, not exceed ing3 years].

1I

IIIiII

50% Promotion500{ Direct re-cruitment.2 years Class II-D.P.C. As requiredunder the rules.Promotion:_ No. (i) Assistant ProvidentFund Commissioners(Grade lI);

(ii) Provident Fund Ins-pectors (Grade 1);(iii) Accounts Officers(with 2 years' service inthe grade).

l[The selection ofofficers for promotionshall be made fromamongst the three gradesof Assistant ProvidentFund Commissioner(Grade II), AccountsOfficer and ProvidentFund Inspector (GradeI) by rotational principle,III

11I;

1971. 1Jnserted vicle Government's notif ication No. 18(29)/69-PF-I, dated the 1st November,

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,,'Method ' , of ,direcnritrnen t ,whether - '.~:-bydlreet recruit-ment or. by_d


33/183


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31SCHEDULE

Recrnl(ment Rules for the post (If Finnnci:lllldvi~e./' and Cl e ACCOU/lts Officer under HlC Eli1pJ{)~(C'6' Fr{)lje).o;t Fund Org~misa(j()nIn Minis(J'~ of Labonr tllld Rehabilitation

Name of post Classifi-cation

WhetherSelectionpost ornon-selec-tion post

Age fordirectrecruits

No. ofposts

Sca1c of payEducational Whetherand other age andqualifica- educationaltions re- qualif'ica-

quired for tjons pres-direct cribed forrecruits directrecruitswill applyin thecase ofPrornotees

Period ofprobation,if any

Method ofrecruitment,whetherby directrecruitmentor bypromotion or bydeputationtransferand per,centage ofthe vacan-ciesto befilled byvariousmethods

In case of recruit-ment by promotion/deputation/transfer,grades from whichprornotion/depu-tatiou/transfer tobe made

---_.(I , (2) (3) (4) (5) (6) (7) (8)-..-Financial Adviser 1 Class I Rs 1,3C(-6


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33,Or a Regional Provident Fund Commissioner appointedunder sub-section (1) or sub-section (2) of section 5D ofthe Act;

(g) 'disciplinary authority' means the authority competent undertheSe rules to impose on an employee any of the penalties

specified in rule 7 ;(h) 'employee' means every person, other than a Commissioner,

. appointed to a post under the Central Board including Cl.person whose services are temporarily placed at the dis-posal. of a Company, Corporation, a local authority or anOffice or Department of the Central Government or that ofa State Government on foreign service or deputationterms;

(i) 'Government' means the Central Government;(j) 'post' means a post under the Central Board;(k) All other words and expressions used hereinafter but not

defined. herein shall have the meanings assigned to themin the relevant rules applicable to the correspondingclasses of Central Government servants.

3, AppIication,-(l) Except as otherwise provided in s\lb-rule (2),these rules shall apply to every employee of the Central Board.,.-- .. -

(2) Nothing in these rules shall apply to-(i) any person in casual employment;(ii) any' person, subject to discharge from service on less than

one month's notice;

jI)I\t,:.

(iii) any P?rson for whom special provision is made, in respectof' matters covered by these rules, by Or under an agree-ment entered' into by or with the previous approval of theCentral Government before or after the commencementof these rules, in regard to matters covered by such specialprovisions;

(3) Notwithstanding anything contained in sub-rule (I), the CentralProvident Fund Commissioner may with the approval of the CentralGovernment put. subject to report to the Central Board, by order, excludeany class of employees from the operation of all or any of these' rules., .


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34(4) If any doubt arises whether these rules or any of them applyto any person, the matter shall be referred to the Central Provident Fund

Commissioner, who shall decide the same.PART I-CLASSIFICATION

4 Classification of posts.-The posts under the Central Board otherthan those ordinarily held by persons to whom these rules do not apply'Shall be classified as follows :(i) Class I (Non-Ministerial);(ii) Class IT (Non-Ministerial);(Hi) Class III and (Ministerial);(iv) Class IV (Non-Ministerial).

PART Ill-APPOINTING AUTHORITY5. (1) All appointments to posts carrying a scale of pay having

as its maximum Rs. 500/- or more shall be made by the Central Govern-ment.

(2) Appointments to posts, other than those specified in sub-rule(1), shall be made by the authorities to whom the powers to make suchappointments have been/may be delegated by the Central Board or theCommissioner as the cass may be.

PART IV-SUSPFJN8JION

,;

6. (1) The appointing authority or any authority to which itis subordinate or the disciplinary or any other authority empowered inthat behalf by the Central Board, with the approval of the Government,may place an employee under suspension-

(a) where a disciplinary proceedings against him is contemp-lated or is pending, or

(b) where a case against him in respect of any criminal offenceis under investigation, inquiry o-r trial;Provided that where the order of suspension is made by an

authority lower than the appointing authority, such authority shallforthwith -report to the appointing authority the circumstances in whichthe order was made. II~ I

(2) An employee shall be deemed to have been placed undersuspension by an order of appointing authority-

(a) with effect from the date of his detention, if he is detainedin custody, whether on a criminal charge or otherwisefor a period exceeding forty-eight hours,

(b) With effect from the date of his conviction, if, in the eventOf a .conviction for an offence, he is sentenced to a term


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' -'. - ........ -.-- ...-'----~-.'-'-~ .....:of imprisonment exceeding forty-eight hours, andforthwith dismissed or removed or compulsorilyconsequent to such conviction.Explanation :-The period of d'Qrty-e ight hours referred to in clause (b) of thissub-rule shall be computed from the commencement of the imprisonment afterthe conviction and for this purpose, intermittent periods of 'imprispnment,if any, shall be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retire-ment from service imposed upon an employee under suspension is setaside in appeal Or on review under these rules and the case is remittedfor further inquiry or action or with any other directions, the order ofhis suspension shall be deemed to have continued in force on and fromthe daJte of the original order of dismissal, removal or compulsoryretirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal Or compulsory retire-ment from service imposed upon an employee is set aside or declaredOr rendered void in consequence of or by a decision of a court of lawand the disciplinary authority, on a consideration of the circumstancesof the case, decides to hold a further inquiry against him on the allega-tions on which the penalty of dismissal, removal or compulsory retire-ment was originally imposed, the employee shall be deemed to have beenplaced under suspension by the appointing authority from the date ofthe original order of dismissal, removal or compulsory retirement andshall continue to remain under suspension until further. orders.

(5) (a) An order of suspension made or deemed to have been madeunder this rule shall continue to remain in force until it is modified Orrevoked by the authority competent to do so.

(b) Where an employee is suspended or is deemed to have beensuspended, (whether in connection with any disciplinary proceedingsor otherwise), and any other: disciplinary proceeding is commencedagainst him during the continuance of that suspension, the authoritycompetent to place him under suspension may, for reasons to berecorded by him in writing, direct that the employee shall continueto be under suspension until the termination of all or any of suchproceedings.

(c) An order of suspension made or deemed to have been madeunder this rule may at any time be modified or revoked by the authoritywhich made or is deemed to have made the order or by any authorityto which that authority is subordinate.

PART V-PENALTIES AND DISCIPLINARY AUTHORITY

35is notretired

7. Penalties.-The following penalties may, for good and suffi-cient reasons and as hereinafter provided, be imposed on an employee,namely :- .

no r Penaities ~(i) Censure;

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36(ii) Withholding of his promotion;(iii) Recovery from his pay of the whole of part of any pecuniaryloss caused by him to the Central Board jby negligence

Or breach of order;(iv) Withholding of increments of pay with or without cumu-

. lative effect.Majo? penalties :

(v) reduction to a lower stage in the time scale of pay for aspecified period, with further directions as to whether ornot the employee will earn increments of pay duringthe period of such reduction and whether on the expiry ofsuch period, the reduction will' or will not have the

effect off postponing the future increments of his pay;(vi) reduction to a lower time-scale of pay, grade or post which

shall ordinarily be a bar to the promotion of the em-ployee to the time scale of pay, grade or post from which.he was reduced, with or without further directions regard-ing conditions of the restoration to that grade Or postfrom which the employee was reduced .and his seniorityand pay on such restoration to that grade or post;

(vii) compulsory retirement;(viii) removal from service which shall not be a disqualification

for future employment under the Central Board;(ix) dismissal frQ.'11 service which shall ordinarily be a dis-

qualification for future employment under the CentralBoard.Explanation :-The following shall not amount to a penalty within the meaningof this rule, namely :-

(i) withholding of increments of pay of an employee for .his failure topass any departrnenta] examination in accordance with the rulesor orders governing the post which he holds or the terms of hisappointment ;(H) stoppage of an employee at the effic iency bar in the time-scale ofpay on the ground 0: his unfitness to cross the bar ;(iii) non-promotion of an employee, whether in a substantive or officiat-ing capacity, after consideration of his case, to a grade or post 'forpromotion to which he is eligible;(iv) reversion of an employee officiating in a higher grade or post to alower grade or post, on the ground that he is considered unsuita-

ble for such higher grade or post or on any administrative' groundunconnected with his conduct ; .(v) .reversion of an employee, appointed on probation to any other gradeor. post, to his permanent grade or' post during or 'at the end the period of probation in accordance with the terms of hisappointment or the rules and orders governing or the rules andorders governing such. probation ;(vi) replacement of the services of an employee 'whose service had beenborrowed from an outside authori ty-Governmental .statutory,autonomous, etc., at the disposal or such authority ; .

,I IIijI11j'dIil11ifiil.


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. (2) Wherever the disciplinary authority is of the opinion matthere are grounds for inquiring into the truth of any imputation ofmisconduct Or misbehaviour against an employee, it may itself inquireinto or appoint under this rule an authority to inquire into the truththereof ..

1J.,

Explanation :-Where the disc ip linary authority itse lf holds the inquiry, any re-ference in sub-rule (7) to sub-rule (20) and in sub-rule(22) to the inquiring authority shall be construed as a, re fe rence to the discip linary author ity .(3) Where it is proposed to hold an inquiry against an employee

under this rule and rule 11, the disciplinary authority shall draw up orcause to be drawn up..:-

(i) the substance of the imputations of misconduct or misbe-haviour into definite and distinct articles of charge;

(ii) a 'statement of the imputations of misconduct or misbe-haviour in support ofieach article of charge, which shallcontain-

(a) a statement of all relevant facts including any admissionOr confession made by the employee;

(b) a list of documents by which, and a list of witnesses bywhom, the articles of charge are proposed to be sustained.

(4)The disciplinary authority shall deliver or cause to be deli-vered to the employee 'a copy of the articles of charge, the statement ofthe imputations of misconduct or misbehaviour and a list of documentsand witnesses by which each article of charges is proposed to be sus-tained and shall require the employee to submit within such time as,may be specified, a written statement of his defence and to statewhether he desire, to be heard in person .

(5) . (a) O~ receipt of the written statement of defence, the discip-linary authority may itself inquire into such of the articles of chargeas are not admitted, or, if it considers it necessary so to do, appointunder sub-rule (2) an inquiring authority for the purpose, and whereall .the articles of charge 'have been admitted by the. employee in hiswritten statement of defence, the disciplinary authority shall record itsfindings 'on each charge after taking such evidence as it may think fitand s,ha11act in the 'manner laid-down in rule 11. '

(Jj).If' no written statement of defence is su1imrtted'by, tlieemployee, the disciplinary authority may itself inquire int~'tliearticlesof charge or may, if it .considers it necessary to do so, appoint, undersub-rule (2) an inquiring anthor-ity for the purpose.

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4(10) The 'inquiii,ng authority shall

'respect of those articles of charge toguilty ..return a finding of . guilt inwhich the employee pleads

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,(11) Tha fnquiring authority shall, if the employee fails to appearwithin the specified time Or refuses Or omits to plead, require thePresenting Officer to produce the evidence by which he proposes top~ove the articles of charge, and shall adjourn the case' to a later datenot exceeding thirty days, after recording an order that the employeemay, for the' purpose of preparing his defence-

(i) inspect within five days of the order or within such furthertime not exceeding five days as the inquiring authoritymay allow, the documents specified in the list referredto in sub-rule (3);

(ii) submit. a list of witnesses to be examined on his behalf.o t :-:Jf:fheemp'loyee applies orally or in writing for the supply of copies ofthe statements of witnesses mentioned in the list referred to in sub-rule (3 ); the inquiring authority shalf furnish him with such copiesas early as possible and in any case not later than three days beforethe commencement'of the examination of the witnesses on behalf ofthe disciplinary authority.

iI(Hi) give a notice within ten days of the order or within such

-further time' - not exceeding ten days as the inquiringauthority may allow, for the discovery or production ofany documents which are in the possession of CentralBoard but 'not, mentioned hi the list referred to in-sub-ruls (3)~

ot :-The employee shall indicate the relevance of the documentsrequired byhim t;obe discoveredor produced by the Central Board.(12} The inquiring authority shall, on receipt of the notice for die

discovery or production of documents, forward the same .or copiesthereof to the authrity in whose custody or possession the documentsare kept, with a requisltion for the production of the documents bysuch date as may De specified in such requisition:

Provided that ,the inquiring authority may, for reasons to be re-'corded 'by it in ,writirig; refuse to requisition such of the documents 'asare, in ~ts()pini?n~.not relevant to the case., . ,.. : ~,.' '(13) On receipt 'Of the' requisition referred to in sub-rule (i2)every authority having th~. custody ..or possession of. the requisitioneddocuments shall produce the same before the inquiring authority;

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~ ._~ __ ~ __ __ . r. _ -._ .

Provided that if the authority having the custody or possessionof the requisitioned documents is satisfied far reasons to be recordedby it in-writing that the production of all or any of such documentswould be against public interest it shall inform the inquring autho-rity accordingly and the inquiring authority shall, on being so informed,communicate the information to the employee and withdraw the re-quisition made. by it .for the production or discovery of such documents.,

(14) On the date fixed for the inquiry, the oral and documentary~ evidence by which the articles of charge are 'proposed to be proved

shall be produced by or on behalf of the disciplinary authority. Thewitnesses shall be examined by Or on behalf of the Presenting, Officerand may be cross-examined by or on behalf of the employee. ThePresenting Officer shall be entitled to re-examine the witnesses on anypoints on which they have been cross-examined, but .not on' any newmatter, without the leave of the inquiring authority. The inquiringauthority may also put such question to the witnesses as it thinks fit.

(15) If it shall appear necessary before the close of the case onbehalf of the disciplinary authority, the inquiring authority may, inits 'discretion, allow the Presenting Officer to' produce evidence notincluded in the list given to the employee Or may itself call for newevidence or re-call and re-examine any witness and in such case theemployee shall be entitled to have, if he demands it, a copy of the listof further evidence proposed to be produced and an adjournment of theinquiry for three clear days before the production of such newevidence, exclusive of the day of adjournment and the day to whichthe inquiry is adjourned. The inqUIrIng authority, shall give, the,employee an opportunity of inspecting suchd


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(19) The inquiring authority may, after the completion of theproduction oi evidence, hear the Presenting Officer, if any, appointed,and the employee or permit them to file written briefs of their 'res-pective case, if they so desire.

42prefers: The witnesses produced by the employee shall then be examinedand' shall be liable. to cross-examination, re-examination and examinationby the _inquiring authority according, to .the provisions applicable to thewitnesses fOr disciplinary authority.

II

(IS) The inquii-ing authority may, after the employee closes hiscase, and shall, if the employee has not examined himself, generallyquestion him on the circumstances appearing against him in the evi-

.dence for the purpose of enabling the employee to explain any circum-stances appearing in evidence against mm.

iII

JI

(20) If the employee to whom a copy of the articles of chargehas been delivered, does not submit the written statement of defenceon or before the date specified for the purpose or does not appear inperson before the inquiring authority Or otherwise fails' or refuses tocomply with the provisions of this rule, the inquiring authority mayhold' the inquiry exparte

f21'} (a', Where a disciplinary authority competent to- imposeany of the penalties specified in clauses (i) 'to (iv) of rule 7 [but notcernpeterrt to impose any of the penalties specified in clauses (v) to(bt)' Of pule 1], has itself inquired into or caused to be inquired into thearticles of any. charge and that authority, having regard to its ownfinuings or having regard to Its decision on any of the findings of' artyirtquirihg authority appointed by it, is of the opinion that the penaltiesspecified irr clauses (v) to (ix) of rule 7 should be imposed on theemployee; that authority shall forward the records of the inquiry to suchdisciplinary authority as is competent to impose the last mentionedp~n(f1Hes_

iI1

I1'-I

(b) The disciplinary authority to which the records are so for-w-ard.dmay act on the evidence- on ths-record or may, if it is of. theo.pin.i@a;hat further examiftation of any of the witnesses is necessaryin. the mterest of justice, recasl the witness. and examine, cross-examine and re-examine the witness and may impose on the employeesu& penaity as. it may deem fit in accordancs, with these rules.

l-.r:

(22) Whenever any inquiring authority, after having heard andrecorded the' whole Or any. part of the' eeidenes .in arr inquiry ceases toe-xer.aise~i(:tiQ.n thereiny. and is- succeeded. -by .a1'l.other , inquiring.


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....... '-' ~..

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ProVicled that if the succeeding inquiring authority is of theopinion that further examination of any of the witnesses whose evi-dence has already been recorded is necessary in the interest of justice,it may recall, examine, cross-examine and re-examine any such witnessesas, hereinbefore provided. .

:.. ...._ ..... - -- fj 43authority which has, and which exercises, such jurisdiction, the inquiringauthority so succeeding may act on the evidence so recorded by itspredecessor, or partily recorded by its predecessor and pairtly recordedby itself :

(23) (i) After the conclusion of the inquiry, a report shall beprepared and it shall contain-

.'

(d) the findings on each article of charge and the reasons there-for.

I.

(a) the articles of charge and the statement of the imputationsof misconduct or misbehaviour;

(b) the defence of the employee in respect of each article ofcharge;

(c) an assessment of the evidence in .respect of each article ofcharge;

Provided that the findings on such article of charge shall notbe recorded unless the employee has either admitted thefacts on which such article of charge is based or has hada reasonable opportunity of defending himself againstsuch article of charge.

IIIIII

Explanation: -If in the opimon o'f the inquir ing authority, the proceedings ofthe inquiry establish an iy article Cif cha rge d ifferent from the ori-ginal art icles dI the charge , it may record its . findings on sucharticle of charge:

(ii) The inquiring authority, where it is not itself the disciplinaryauthority, shall forward to the disciplinary authority the records of in-quiry which shall include-

(a) the report prepared by it under clause (i);(b) the written statement of defence, if any, submitted by the

employee;(c) the oral and documentary .evidence produced in the course

of the inquiry: ,.

-;

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.... -..-------- ------ --_._---- ~-.' .--

d written briefs, if any, filed by the Presenting Officer or theemployee or both during the course of inquiry;' and.- - -. - .- --' .. ---- .

(e) the orders, if any, made by the disciplinary authority andthe inquir~ng aut?ority in' regard to t~e _nquiry.

Action on the inquiry report :-(1 ) The disciplinary autho-rity, if it is not itself the inquiring authority may, for reasons rtobe re-corded by it in writing, remit the case to the inquiring authority forfurther inquiry and report and the inquiring authority shall thereuponproceed to hold the further inquiry according to the provisions of therule 10 as far as may be.

(2) The disciplinary authority shall, if it disagrees with the find-ings of the inquiring authority on the article of charge, record itsreasons for such disagreement and record its own findings on suchcharge, if the evidence on record is sufficient for the purpose.

(3) If the disciplinary authority having .regard to its findings onall or any of the articles of charge- is of the opinion that any of the penal-ties specified in claus.es (i) to (iv) of rule 7 should be imposed on theemployee, it shall, notwithstanding anything contained in rule 12,make an order imposing such penality;

Provided that in every case where it is necessary to consult theCommission, the record of the inquiry shall be forwarded by the disci-'plinary authority to the Commission for its advice and such advice shallbe , taken. into consideration before making any order imposing anypenalty on the employee.

, '. (4) (i) If the disciplinary authority having regard to its fiindingson all .or ai:ly of the articles of charge; is of -the:opinion that any of. thepenalities specified in clauses (v) to (ix) of rule 7 should be imposed onthit employee, it shall-

(a) furnish to the employee a copy of the report of the inquiryheld by it and its findings on each article of charge, or,where the inquiry has been held by an inquiring autho-rity, appointed by it, a' copy of the report of such autho-rity and a statement of its findings on each. article ofcharge together with brief reasons for its disagreement,'if any, with the findings of the inquiring authority;

(b) give the employee a notice stating. the penalty proposed to-be iinpased :cin him and calling upon him to submit with-in fifteen days of receipt of the notice or such further

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45time not exceeding fifteen days, as may be allowed, such-representation as he may wish to make On the proposedpenalty on the basis of the evidence adduced during theinquiry held under rule 10;

(Ii). (a) In every case in which it is necessary to consult the Com-mission the record of the inquiry, together with a COpy of the noticegiven under clause (i) and the representation made in pursuance of suchnotice, if any, shall be forwarded by the disciplinary authority to theCommission for its advice;

(b) the disciplinary authority shall after considering the repre-sentation, if any, made by the employee, and the advice given by theCommission, determine what penalty, if any, should be imposed on theemployee and make such order 'as it may deem fit;

\~

(b) holding an inquiry in the(3) to (23) of rule 10, innary authority is of the,necessary;

manner laid-down in sub-rulesevery cass in which the discipli-opinion that such inquiry is

,11I,\ iiIi-1

1

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(iii) Where it is not necessary to consult the Commission the dis-ciplinary authority shall consider the representation, if any, made bythe employee in pursuance of the notiCe given to him under clause (l)and determine what penalty, if any, should be imposed on him andmake such order as it may deem fit.

12 Procedure for impOSing minor penalties-(l) Subject to theprovisions of sub-rule (3) of rule 11, no order imposing on an employeeany, of the penalties specified in clauses (i) to (iv) of rule 7 shall bemade except after : - '

(a) informing the employee in writing of the proposal to 1lClikeaction against him arid of the imputations of misconductor misbehaviour on which it is proposed to be taken, andgiving' him a reasonable opportunity of making such repre-sentation as he may wish to make against th e proposalc

)(c) taking the representation, if any, submitted by the emplo-

yee under clause (a) and the record of inquiry, if any,held under clause (b) into consideration;

'(d) recordinga fiip.ding'on each imputatlon of misconduct or mls-- 'behaviour; and t; , ':,:' ', - , ,


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(e) consulting the Commfssicn 'wbeie su ch' cerrsultation is neces-sary:

(2) The record of the proceedings in such cases shall include:-(i) a COPyof the intimation to the employee of the proposal to

take action 'against him;(ii) a copy of the statement of imputations of misconduct -or

misbehaviour delivered to him;(iii) his representation, if any;

(dv) the evidence produced during the inquiry;(v) the advice of the Commission, if any,(vi) the findings on each imputation of misconduct or' mis-

behaviour; andrI

(vii) the orders on the case together with the reasons ther-efor. 3 Communication of orders.s-Orders made by the disciplinary

authority shall be communicated to the employee who shall also besupplied with a copy of the repm t, of . the inquiry, if any, held by thedisciplinary authority and a copy of its findings on 'each article :Ofcharge, or, where the disciplinary authority is not the inquiring authoritya copy of the report of the inquiring authority and a statement of thefindings of the disciplinary authority together with brief reasons forits disagreement, if any. with the findings of the inquiring authority(unless .they have already .been supplied to him ) and also a copy of theadvice, if any, .given by the Commission, and, whese the disciplinaryauthority, has not accepted the advice of the Commission a brief state-ment df the reasons for such non-acceptance,

4 Common proC;eedings.-l Whene '~wo or more employeesare concerned in any case,' the Government 'or 'any .other authoritycompetent to impose the penalty of dismissal from service on all suchemployees, may, make .an order directing that disciplinary action againstaB .of them may be taken in a common proceeding. 'Note:-If the authorities competent to impose the penalty' of dlsmissal on such, employees are different, an o;rder Jor,takin.g disclpllnary action in a. , comitnm ,.prO'ceetiiiig~m:aybe made .by the highest Cif. such authoritiei. with the consent of the others, .-rv ' -


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(2) Subject to the provisions of rule 8, any such order shall speci-

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fy-

(i) the authority which may function as the disciplinary autho-. rity for the purpoSe of such common proceeding;

(ii) the penalties specified ill rule 7 which such disciplinaryauthority shall be competent to impose;

(iii) whether. the procedure laid-down in rule 10 and rule 11 orrule 12 shall be followed in the proceeding.

5 Special procedure in certain cases.-Notwithstanding any-thing contained in rule 10 to rule 14 :-

(i) where any penalty is imposed on an employee on the groundof conduct which has led to his conviction on a criminalcharge, or

(ii) where the disciplinary authority is satisfied for reasons tobe recorded by it in writing that it is not reasonablypracticable to hold an inquiry in the manner provided inthese rules, Or

(ill) where' the Government Or the Central Provident FundCommissioner is satisfied that in the interest of thesecurity of the State, it is not expedient to hold any in-quiry in the manner provided in these rules, the discipli-nary authority may consider the circumstances of the caseand make such orders thereon as it deems fit:

Provided that the Commission shall be consulted, where suchconsultation is necessary, before any orders are made inany case under this rule.

6 Provisions regarding employees lent to other Organisationsetc.-(l) Where the services of an employee are lent on deputation oron foreign service terms to a, Department of the Central Or StateGovernment Or an Organisation or. Public undertaking (hereinafter inthis rule referred to as the' borrowing authority); the borrowing autho-rity shall have the powers of the appointing authority for the purposeof placing such employee under' suspension. and of the disciplinaryauthority for the purpose .of conducting a disciplinary proceeding'.a~nst him;

IIii~Iiji.n

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w---- -------=--::=:;-- -r--==~~-~~----Provided that the borrowing authority shall forthwith inform

the authority which lent the services of the employee (hereinafter inthis rule referred to as the lending authority) of the circumstances lead-ing to the order of suspension of such employee or the commencementof the disciplinary _proceeding, as the case may be.

(2) In the light of the findings in the disciplinary proceeding con-ducted against the employee.-

(i) if the borrowing authority is of the opuuon that any of thepenalties specified in clauses (i) to (iv) of rule 7 should beimposed on the employee, it may, after consultation with-the lending authority, make such orders on the case asit deems necessary:

(Ii) If the borrowingauthortty -ispf the opinion that any dfthe penalties specified in clauses (v) to (ix) of rule 7should be imposed on the -employee, it -shall replace hisservices at the disposal of the lending authority andtransmit to it the proceedings of :the inquiry and there-

upon the lending: authority may;' if it is the disciplinaryauthority, pass such orders thereon as it may deem. nece-ssary, or, if it 1snot the disciplinary authority, submitthe case to the discipinary authority which shall pc-sssuch orders on thocaseasdt may deem necessary:

Provided that in the event of a difference of opinion between theborrowing authority and the lending authority, the serviceof the employee shal be replaced a:t the disposal of thelending authority;

;-iJ1

Provided that before passingauthority shall comply(3) and (4) of rule 11.any suchwith the

order the dlsciplrnaryprovisions of sub-rulesjj

-1J;;J-1j'1.-1Ij1-i(

-fl1\{

Explanat ion: - The disciplinary authority may make an order under this clauseon the record of the inquiry transmitted to it by the borrowingauthority, or_after holding' such further inquiry ,as it, may, deemnecessary, as far as may be, in accordance with rul~ 10.-,17. Provisions regarding Officers borr6w~d from Central st teGovernments etc.---l(l) Where an order of suspension is' made or a disci-

plinary proceeding is 'conducted against ariemployeewhose services have beeniborrowed tom Ceritral rorState Governmerits-of :~'an:authority: ' Silbbr:diri~teth~r-etoor a local' or other authority the authority ;lendill'g


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- --- - ----_ ..---:------- - .. _--_. __ . --- ..~. .cj 49services (hereinafter in this rule referred to as the lend-

ing authority), shall forthwith bednformed icf the circum-stances leading to the order of the suspension of theemployee or of the commencement of the disciplinary pro-ceeding, as the case may be.

(2) In the light of the findings in the disciplinary proceeding con-ducted against the employee if the disciplinary authority is of theopinion that any of the penalties specified in clauses (i) to (iv) of rule7 should be imposed on him, it may, subject to the 'provisions of sub-rule (3) of rUJe' 11 and after consultation with the lending authority,pass such orders on the case as it may deem necessary:

(i) Provided that in the event of a difference of OpInIOn bet-. ween the borrowing authority and the-lending authority,

the services of the employee shall be replaced at the dis-posal of the lending authority;

(H) if the disciplinary authority is of the opinion that any ofthe penalties specified in clauses (v) to (ix) of rule 7should be imposed on the employee, it shall replacethe services of such emplOyee at the disposal of the lend-ing authority, and transmit to it the proceeding of the in-quiry for such action as it may deem necessary. If

PART VII-APPEALS18. Order against which no appeal. lies.-Notwithstanding any-thing contained in this part, no appeal shall lie against-

(i) any order made by the. Government;IIIIl,11

I(ii) any order of an interlocutory nature or of the nature of astep-in-aid or the final disposal of a disciplinary proceed-

. ing, other than an order of suspension:

III)

(iii) any order passed by an inquiring authority in the courseof an inquiry under rule 10..

19. Order against which appeal lies.-Subject to the provisionsof rule 18, an employee may prefer an appeal against all or any of thefollowing orders, namely.-:-

(i) an order of suspension made or deemed to hav~ been madeunder+rule Q:

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50

: I

@ ...(ii) an order imposing any of the penalties specified in rule 7

whether made by ths disciplinary authority or by anyappellate or reviewing authority;

(iii) an order enhancing any penalty, imposed under rule 7;(iv) an order whfch-

(a) denies or varies 1:0 his disadvantage his pay, allowances,pension or other conditions of service as regulated byrules or by agreement; or

(b) interprets to his disadvantage the provisions of any suchrule or agreement;(v) an order-

(a) stopping him at the et'iiciencybar in the time scale of. payon the ground of his unfitness to cross the 'Oar;

(b) reverting him while officiating in a higher grade or postto a lower grade or post otherwise than as a penalty;

(c) reducing or withholding the pension or denying tmaximum pension admissible to him under the rules;..(d) determining the subsistence and other allowances to' bepaid to him for the period of suspension or for the periodduring ~hich he is deemed to be u~der suspension or forany portion thereof;

(e) determining his pay and allowances- .

(i) for the period of suspension, or(ii) for the period from the date of his dismissal, removal, or

compulsory retirement from service or from the date ofhis reduction to a lower grade or post, time scale or stage

in a time scale of pay, to the. date of his reinstatementor restoration to his grade or post; or

(f) determining' whether or not the period from the date ofhis' suspension or from the date of 'his dismissal, removal,

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(2) Notwithstanding anything

51compulsory retirement or reduction to a lower .grade,post, time seals of payor stage in a time scale erpay to the date of his reinstatement or restoration tohis service, grade or post shall be treated as a- periodspent on duty for any purpose.'

E:t-planation:-In this rule--(I) the expression 'employee includes a person who ha. ' ~~ased b.in the service 01 the Central Board.

(ii) the expression 'pension' inc ludes additional pension, Uatuity'andany other retirement benefit.20. Appellate Authorities.- l) An employee, including a person

who has ceased to be in the service of the Central Board may prefer anappeal against all or any of the orders specified in rule 19 if such orderis made-

(a) by the Central Provident Fund Commissioner to, the cen-tral Government;

(b) by an authority subordinate to the appointing authority, to, the appointing authority;(c) by llny other' authority, to the authority to which,Pte

authority which made the order is immediately subordinate.contained in sub-rule (I),

III11, II11I i.:jIIIjI;1

(a) an appeal against an order in a common proceeding heldunder rule 14 shall lie to the authority to which theauthority functioning as the disciplinary authority forpurpose of that proceeding is immediately subordinate;

(b) where the person who made the order appealed againstbecomes, by virtue of his subsequent appointment orotherwise the appellate authority in respect of such order,an appeal against such order shall lie to the authority towhich such person is immediately subordinate.

21. Peri~d of limitation for appeals+-No appeal preferred underthis part shall be entertained unless such appeal is preferred within aperiod of forty-five days from the date on which a copy of the order

, appealed against is delivered to the appellant: -Provided that the appellate authority may entertain the appeal

after the expiry of the said period, if it is satisfied that the appellant hadsufficient cause for not preferring the appeal in time. .

-,' 22. orm and conient 'Of appeat- l) Every person preferringan appeal sha1l do so separately and in his own name.


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-'-r-~~.~-~I

I, II III~\III Ii I-I

(2) The appeal shall be presented to the authority to whom theappealTies, a copy being forwarded by' the appellant to the authoritywhich made the order appealed against. It shall contain all materialstatements and arguments on whiCh the appellant relies, shall not con-tarn any' disrespectful or improper language, and shall be complete initself.

(3) -The authority which made the order appealed against shallon receipt of a copy of the appeal, forward the same with itscomments there on together with the' relevant records to the appellateauthority without any avoidable delay, and without waiting for anydirection 'from the appellate authority:'

23. Consideration of appeal.-(l) In the case of an appeal againstan order of suspension, the appellate authority shall consider whetherin the light of the provisions of rule 6 and having regard to the circums-tances of the case, the order of suspension is justified Or not and confirmor revoke the order accordingly.

(2) In the case of an appeal against an order Imposing any of thepenalties specified in rule 7 or enhancing any penalty imposed under thesaid .. rule, the appellate authority shall consider-

(a) whether the procedure laid down in these rules has beencomplied with, and if not, whether such non-compliance hatresulted in the failure .of justice;

(b) whether the findings of the .disciplinary authority arewarranted by the evidence 'on the record; and

(c) whether the penalty or the enhanced penalty imposed is ade-quate, inadequate or severe;

.and pass order-(i) confirming enhancing, reducing, or setting aside, the

penalty; or(it) remitting the case to the authority. which imposed or en-

hanced the penalty or to any other authority with suchdirection as it may deem fit in the circumstances of thecase;

Provided that-, (i) the Commission,shall be consulted in all cases where such

consultation-is necessary;

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(iii) if the enhanced penalty which the appellate authorityproposes to impose is one of the penalties specified inclauses (v) to (ix) of rule 7 and an inquiry Under rule10 has already been held in the case} the appellateauthority shall, after giving the appellant a reasonableopportunity, as far as may b.g in accordance with theprovisions of sub-rule (4) of rule 11, of ' making, a re-presentation against the penalty proposed on the 'basisof the evidence adduced during the inquiry, make suchorders as it may deem fit; and

(ii) if the enhanced. penalty which the appellate authorityproposes to impose is one of the penalties specified inclauses (v) to (ix) of rule 7 and an inquiry under rule10 has not already been held in the case, the appellateauthority shall, subject to the provisions of rule 15,Itself hold such inquiry or direct that such inquiry beheld in accordance with the provisions of rule 10 andthereafter, on a consideration of the proceedings or suchinquiry and after giving ihe appellant reasonableopportunity, as far as may be in accordance with theprovisions of sub-rule (4) 'of rule 11, of making arepresentation against the penalty proposed on the basisof the evidence adduced during such inquiry, makesuch orders as it may deem fit;

(iv) no order imposing an enhanced penalty shall be madein any other case unless the appellant has been given areasonable opportunity as far as may be in accordancewith the provisions of rule 12,of making a representationagainst such enhanced penalty,

(3) 'In an appeal against any other order specified in rule 19, theappellate authority shall consider all the circumstances of the case andmake such orders as it may deem just and equitable.

24:- Implementation of orders in appeaL-The authority which madethe order appealed against shall give effect to the orders, passed by theappellate authority.

,. PART VIII-REVIEW25'. El) Notwithstanding aIiythingcon:tainedin:these:5I1l1es :-

(i) the Central Government, or

ii',\\11~--.---.- . _. --'

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1II may at any time, either on its own motion or otherwise callfor the records of any inquiry and review any order madeunder these rules or the regulations repealed by rule 29from which an appeal is 'allowed but from which no appealhas been preferred or from which no appeal is allowed, afterconsultation with the Commission where such consultation isnecesspry, and may-

(ill the appellate authority;

(a) confirm, modify or set aside the order; or

II

(b) confirm, reduce, enhance or set aside the penalty imposedby the order or impose:any penalty where no penalty hasbeen imposed; or

(c) remit the case to the authority which made the order or toany other authority directing such authority to make suchfurther inquiry as it may_consider proper in the circum-stances of the case; or

(d) pass such other orders as it may deem fit;Provided that no order imposing or enhancing any penalty shall

be made by any reviewing authority unless the employeeconcerned has been given a reasonable opportunity ofmaking a representation against the penalty proposed andwhere it is proposed toImpose any of the penalties speci-fied in clauses v) to (ix) of rule 7 or to enhance thepenalty imposed by the order sought to be reviewed to anyof the penalties specified inthose clauses, no such penaltyshall be imposed except after' an inquiry in the mannerlaid down in rule 10 and, after giving a reasonable oppor-tunity to the employee concerned of showing cause againstthe penalty proposed on -the 'evidence adduced during theinquiry and except after 'consultation with the Commis-sion where such consultation is necessary.

~, .

(2) ~o proceeding for review shall be commenced until after :-(I) the expiry of the period of limitation for an appeal, or

(ii) the disposal of' the appeal, where-any such _appeal has beenpreferred .

. .:.

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55(3) An application for reviewshall be dealt with in the same manner

as if it were an appeal under these rules.PART IX-MISCELLANEOUS

26. Service oj orders, notices etc.-Every order, notice and otherprocess rnado or issued under these rules shallbe served in person on theemployee concerned or communicated to him by registered post.

,1

27. Power to relax tim,e-Limit. and to condone delay.-Save as0l1-lS:'wb::- expressly provided in these rules, the authority competent underthese rules to make any order may, for good and sufficient reasons or ifsufficient cause is shown, extend the time specified in these rules for any-thing f q'..:r ed t::; 1::;2 dcne under t:i.e rules or condone any delay.

23. SUjJpZy of copy oj Commission's advice.-Wnenever the Com-mission is consulted as provided in these rules, a copy of the advice bythe Commission and, where such advice has not been accepted, also abrief statement or the reasons for such non-acceptance, shall be furnish-ed to the employee concerned along with a copy of the order passed intb: case, by the authority making the order.

29. Repeal and Saving.- (1) Regulations 4 (1), 11, 13, 14, 15, 10,.17, 18, 19, 20, 21, 22, 23, 24, Z5 and 26 of the Employees' Provident Fund(Staff and Conditions of Service) Regulations, 1962 ar.d tre First andthe Fifth and Sixth Schedules thereof are hereby repealed.

Provided that :-(a) such repeal shall not affect the previous operation of the

said regulations or order made, or anything done. or anyaction taken thereunder;

(b) any proceedings under the said regulations pending at thecommencement of these rules shall be continued and dis-posed of as far as may be, in accordance with the provisionsof these rules, as if such proceedings were proceedingsunder these rules.

(2) Nothing in these rules shall be construed as depriving anyperson to whom these rules apply, of any right of appeal which hadaccrued to him under the regulations or orders in force before the com-mencement of these rules.

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(3) An appeal pending at the commencement of these. rules against

an order made before such commencement shall be considered and ordersthereon shall be made, in accordance with these rules, as if such orderswere made and the appeal we

Documents

p Fe Pf Services Manual 1972