Employee's Provident Funds Miscellaneous Provisions Act, 1952
5D. Appointment of officers
(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 32[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, 26[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 33[Pension]
Scheme and the Insurance Scheme.
(4) No appointment to 34[the post
of the Central Provident Fund Commissioner or a Financial Advisor 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, 36[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 cl.(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 service37 of officers
and employees of State Board shall be such as may be specified by that Board,
with the approval of the State Government concerned.