In exercise of the powers conferred by sub-section (1) of
Section 21 of the Employees' Provident Funds and Miscellaneous
Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the
following rules, namely: (1)
These rules may be
called the Employees' Provident Funds Appellate Tribunal (Conditions of
Service) Rules, 1997. (2)
They shall come into
force on the date of their publication in the Official Gazette. In
these rules, unless the context otherwise requires, (a)
"Act" means
the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of
1952); (b)
"Tribunal"
means the Employees' Provident Funds Appellate Tribunal constituted under
Section 70 of the Act. The
Presiding Officer shall receive pay in the scale of (Rs. 7300-7600) per mensem: Provided
that in the case of an appointment as a Presiding Officer of a person who has
retired as a Judge of a High Court and who is in receipt of or has received or
has become entitled to receive any retirement benefits by way of pension and/or
gratuity, employer's contribution to the Contributory Provident Fund or other
forms of retirement benefits, the pay shall be reduced by the gross amount of
pension equivalent of service gratuity or employer's contribution to
Contributory Provident Fund or any other form of retirement benefits, if any,
but excluding pension equivalent of retirement gratuity, drawn or to be drawn
by him. The
Presiding Officer shall receive dearness allowance appropriate to his pay at
the rates admissible to Group 'A' Officers of the Central Government drawing
pay in the scale of Rs. 7300-7600. The
Presiding Officer shall receive City Compensatory Allowance appropriate to his
pay at the rates admissible to a Group 'A' Officer of the Central Government
drawing pay in the scale of Rs. 7300-7600. (1)
A person, on appointment
in the Tribunal as a Presiding Officer shall be entitled to leave as follows: (i)
Earned leave at the rate
of fifteen days for every completed calendar years of service; (ii)
Half pay leave on
medical certificate or on private affairs at the rate of twenty days in respect
of each completed year of service and the leave salary for half pay leave shall
be equivalent to half of the leave salary admissible during the earned leave; (iii)
Leave on half pay can be
commuted to full pay leave at the discretion of the Presiding Officer, provided
it is taken on medical grounds and is supported by a medical certificate from
the competent medical authority; (iv)
Extraordinary leave
without pay and allowances up to a maximum period of 180 days in one term of
Office. (2)
If the Presiding Officer
is unable to enjoy full vacation on account of his occupation with the
Tribunal, he shall be entitled to add the unenjoyed period of vacation to the
leave account. Explanation.
For the purpose of this sub-rule, "Vacation" means vacation of 30
days in each calendar year observed by the Tribunal. (3)
On the expiry of the
term of his office in the Tribunal, the Presiding Officer shall be entitled to
receive cash equivalent of leave salary in respect of the earned leave standing
to his credit subject to the conditions that the maximum of leave encashed
under this sub-rule or at the time of retirement from previous service, as the
case may be, or taken together shall not in any case exceed 240 days. (4)
The Presiding Officer shall
be entitled to receive the dearness allowance as admissible on the leave salary
under sub-rule (2) at the rates in force on the date of the relinquishment of
the Office in the Tribunal : Provided
that he shall not be entitled for the city compensatory allowance or any other
allowance on such leave. That
Central Government shall be the authority competent to sanction leave to the
Presiding Officer. (1)
The Presiding Officers
on deputation with the Tribunal shall be entitled to pension under rules of the
parent employer. The
Presiding Officer shall be entitled to subscribe to the General Provident Fund
at his option and in case of his so opting shall be governed by the provisions
of the Central Provident Fund (Central Services) Rules : Provided
that if the Presiding Officer is already a member of any other Provident Fund
he shall be governed by the rules which were applicable to him immediately
before joining the Tribunal. The
Presiding Officer while on tour or on transfer (including the journey
undertaken to join the Tribunal or on the expiry of his term with the Tribunal
to proceed to his home town) shall be entitled to the travelling allowances,
daily allowance, transportation of personal effects and other similar matters
at the same scales and the same rates as are prescribed in the rule applicable
to officers holding equivalent post in the Central Government. The
Presiding Officer shall be entitled to the leave travel concession at the same
rates and at the same scales and on the same conditions as are applicable to
Group 'A' Officers of the Central Government drawing pay in the scale of Rs.
7300-7600. (1)
The Presiding Officer
shall be entitled to residential accommodation on the terms and conditions as
are made available to officers of the Central Government drawing pay in the
scale of Rs. 7300-7600. (2)
When a Presiding Officer
is not provided with or does not avail himself of the accommodation referred to
in sub-rule (1) he may be paid every month an allowance at the rate admissible
to officers of the Central Government drawing pay in the scale of Rs.
7300-7600. (3)
Where the Presiding Officer
occupies an official residence beyond the permissible period he shall be liable
to pay additional licence fee or penal rent, as the case may be, and liable to
eviction in accordance with the rules applicable to officers of the Central
Government drawing pay in the scale of Rs. 7300-7600. The
Presiding Officer shall be entitled to medical treatment and hospital
facilities as provided in the Contributory Health Service Scheme Rules, 1954
and in places where the Central Health Services Scheme is not in operation, the
Presiding Officer shall be entitled to the facilities as provided in the
Central Services Medical Attendance Rules. Notwithstanding
anything contained in these rules, where a sitting Judge of a High Court is
appointed as the Presiding Officer of the Tribunal the service conditions as
contained in the High Court Judges (Conditions of Service) Act, 28 of 1954 and
the rules made thereunder shall apply to him. The
conditions of service of the Presiding Officer for which no express provision
is available in these rules shall be determined by the rules and orders for the
time being applicable to officers of the Central Government drawing pay in the
scale of Rs. 7300-7600. The
nature and categories of the officers and other employees of the Tribunal and
the scale of pay attached thereto shall be as specified in the Schedule
appended to these rules. The
conditions of service of the officers and other employees of the Tribunal in
the matters of pay, Allowance, Leave, Provident Fund, age of superannuation,
pension and retirement benefits, medical facilities and other conditions of
service, shall be regulated in accordance with such rules and regulations as
are for the time being applicable to officers and employees belonging to Group
'A', Group 'B', Group 'C' and Group 'D', as the case may be, corresponding
posts in the Central Government/Central Board. The
Central Government shall have power to relax the provisions of any of these
rules with respect to any class or category of persons. SCHEDULE S. No Name of the post No. of Post Scale of Pay 1 2 3 4 1.       Registrar One Rs. 3000-4500 2. Sr. PA (for Presiding Officer) One Rs. 2000-3200 3. Steno,  Gr. Registrar) D (for One Rs. 1200-2040 4. UDC One Rs. 1200-2040 5. LDC One Rs. 950-1500 6. Driver One Rs. 950-1500 7. Daftry One Rs. 775-1150 8.       Peon One Rs. 750-940EMPLOYEES’
PROVIDENT FUNDS APPELLATE TRIBUNAL (CONDITIONS OF SERVICE) RULES, 1997
PREAMBLE