Section 5D Appointment of officers. of Employees Provident Funds And Miscellaneous Provisions Act, 1952
Appointment of officers.
5D. (1) The Central Government shall appoint a Central Provident Fund Commissioner who shall be the chief executive officer of the Central Board and shall be subject to the general control and superintendence of that Board.
(2) The Central Government may also appoint [a Financial Adviser and Chief Accounts Officer] to assist the Central Provident Fund Commissioner in the discharge of his duties.
(3) The Central Board may appoint [,subject to the maximum scale of pay, as may be specified in the Scheme, as many Additional Central Provident Fund Commissioners, Deputy Provident Fund Commissioners, Regional Provident Fund Commissioners, Assistant Provident Fund Commissioners and] such other officers and employees as it may consider necessary for the efficient administration of the Scheme [the, [***] Pension Scheme and the Insurance Scheme.]
(4) No appointment to [the post of the Central Provident Fund Commissioner or an Additional Central Provident Fund Commissioner or a Financial Adviser and Chief Accounts Officer or any other post under the Central Board carrying a scale of pay equivalent to the scale of pay of any Group 'A' or Group 'B' post under the Central Government] shall be made except after consultation with the Union Public Service Commission:
Provided that no such consultation shall be necessary in regard to any such appointment—
(a) for a period not exceeding one year; or
(b) if the person to be appointed is at the time of his appointment—
(i) a member of the Indian Administrative Service, or
(ii) in the service of the Central Government or a State Government or the Central Board in a [Group 'A' or Group 'B' post].
(5) A State Board may, with the approval of the State Government concerned, appoint such staff as it may consider necessary.
(6) The method of recruitment, salary and allowances, discipline and other conditions of service of the Central Provident Fund Commissioner [and the Financial Adviser and Chief Accounts Officer] shall be such as may be specified by the Central Government and such salary and allowances shall be paid out of the Fund.
[(7)(a) The method of recruitment, salary and allowances, discipline and other conditions of service of the Additional Central Provident Fund Commissioner, Deputy Provident Fund Commissioner, Regional Provident Fund Commissioner, Assistant Provident Fund Commissioner and other officers and employees of the Central Board shall be such as may be specified by the Central Board in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay:
Provided that where the Central Board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the Central Government.
(b) In determining the corresponding scales of pay of officers and employees under clause (a), the Central Board shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the Central Government and in case of any doubt, the Central Board shall refer the matter to the Central Government whose decision thereon shall be final.]
(8) The method of recruitment, salary and allowances, discipline and other conditions of service of officers and employees of a State Board shall be such as may be specified by that Board, with the approval of the State Government concerned.]
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- Section 1 Short title, extent and application
- Section 2 Definitions
- Section 2A [Establishment to include all departments and branches.
- Section 3 [Power to apply Act to an establishment which has a common provident fund with another establishment
- Section 4 Power to add to Schedule I.
- Section 5 Employees' Provident Fund Schemes
- Section 5A [Central Board.
- Section 5AA [Executive Committee.
- Section 5B [State Board.
- Section 5C Board of Trustees to be body corporate.
- Section 5D Appointment of officers.
- Section 5DD 50 [Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds.
- Section 5E [Delegation.
- Section 6 Contributions and matters which may be provided for in Schemes.
- Section 6A Employees Pension Scheme
- Section 6B Employees Deposit-linked Insurance Scheme.
- Section 6C Laying of schemes before Parliament.
- Section 7 Modification of Scheme.
- Section 7A [Determination of moneys due from employers.
- Section 7B [Review of orders passed under section 7A.
- Section 7C Determination of escaped amount.
- Section 7D 1[Tribunal.
- Section 7E
- Section 7F
- Section 7G
- Section 7H
- Section 7I Appeals to Tribunal.
- Section 7J Procedure of Tribunals.
- Section 7K Right of appellant to take assistance of legal practitioner and of Government, etc. to appoint presenting officers.
- Section 7L Orders of Tribunal
- Section 7M
- Section 7N
- Section 7O Deposit of amount due, on filing appeal.
- Section 7P Transfer of certain applications to Tribunals.
- Section 7Q Interest payable by the employer
- Section 8 Mode of recovery of moneys due from employers.
- Section 8A [Recovery of monies by employers and contractors.
- Section 8 B [Issue of certificate to the Recovery Officer.
- Section 8 C Recovery Officer to whom certificate is to be forwarded.
- Section 8 D Validity of certificate and amendment thereof.
- Section 8 E Stay of proceedings under certificate and amendment or withdrawal thereof.
- Section 8 F Other modes of recovery.
- Section 8 G Application of certain provisions of Income-tax Act.
- Section 9 Fund to be recognised under Act XI of 1922.
- Section 10 Protection against attachment.
- Section 11 Priority of payment of contributions over other debts.
- Section 12 3 [Employer not to reduce wages, etc.
- Section 13 Inspectors.
- Section 14 Penalties.
- Section 14A [Offences by companies.
- Section 14 AA Enhanced punishment in certain cases after previous conviction.
- Section 14AB Certain offences to be cognizable.
- Section 14 AC Cognizance and trial of offences.
- Section 14B [Power to recover damages.
- Section 14 C Power of court to make orders.
- Section 15 Special provisions relating to existing provident funds.
- Section 16 Act not to apply to certain 54a [establishments].
- Section 16A [Authorising certain employers to maintain provident fund accounts.
- Section 17 [Power to exempt.
- Section 17A Transfer of accounts.
- Section 17AA [Act to have effect notwithstanding anything contained in Act 31 of 1956.
- Section 17B [Liability in case of transfer of establishment.
- Section 18 [Protection of action taken in good faith.
- Section 18A Authorities and inspector to be public servant.
- Section 19 [Delegation of powers.
- Section 20 [Power of Central Government to give directions.
- Section 21 Power to make rules.
- Section 22 Power to remove difficulties.
- Section SCHEDULE I
- Section SCHEDULE II
- Section SCHEDULE III
- Section SCHEDULE IV