Employees Provident Funds Appellate Tribunal Procedure Rules 1997

1. Short title and commencement

(1) The rules were originally called the Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1997. The 2017 amendment omitted the words referring to the Employees' Provident Funds Appellate Tribunal from the short title.

(2) They came into force on publication in the Official Gazette.

2. Definitions

Unless the context otherwise requires, the Rules define the Act, agent, appellant, Form, Fund, legal practitioner, legal representative, Registrar, Registry and Tribunal. An appellant is a person or establishment making an appeal under section 7-I. A legal practitioner has the meaning assigned under the Advocates Act, 1961. After the 2017 amendment, the definition of Tribunal reflects the Industrial Tribunal referred to in section 7D of the Act.

3. Language of the Tribunal

The language of the Tribunal is English. Parties may file documents drawn in Hindi. The Tribunal may permit Hindi in proceedings, while the final order is in English, and may direct that English translations of pleadings and documents be filed.

4. Procedure for filing appeals

An appeal is presented in Form I by the appellant, an agent or an authorised legal practitioner to the Registrar or authorised officer, or sent in the prescribed manner. The rule requires the appeal in paper-book form with the required copies and addressed envelopes. A receipt slip in Form II may accompany the appeal for acknowledgment.

5. Presentation and scrutiny of appeals

The Registrar or authorised officer endorses the date of presentation. An appeal found in order is registered and assigned a serial number. Formal defects may be corrected in the Registrar's presence; other defects may be allowed time for rectification. Failure to cure defects within the permitted time may result in refusal to register the appeal by a reasoned order.

6. Place of filing appeals

The appeal is ordinarily filed with the Registrar of the Tribunal having jurisdiction where the appellant resides, where the cause of action arose, or where the respondent against whom relief is sought ordinarily resides, subject to the present CGIT jurisdictional arrangements.

7. Fee, time for filing appeal and deposit

The rule prescribes the appeal fee and provides a limitation period of 60 days from the issue of the notification or order. Where sufficient cause prevented timely filing, the Tribunal may extend the period by a further 60 days. The rule also reflects the statutory deposit requirement for an employer's appeal against a section 7A determination and the power under section 7-O to waive or reduce the deposit for reasons recorded in writing.

8. Content of the appeal

The grounds of appeal must be concise, set out under distinct heads and numbered consecutively. The Rule also prescribes the form in which an appeal, including a miscellaneous appeal, is to be prepared.

9. Documents to accompany the appeal

The paper-book must include a true copy of the impugned order, copies of relied-upon documents and an index. Documents are serially marked as annexures. An agent must file authority to act; a legal practitioner must file a duly executed Vakalatnama.

10. Plural remedies

An appeal is based on a single cause of action, although one or more consequential reliefs may be claimed.

11. Service of notices and processes

The Tribunal may direct service through the party, by Dasti service through process server, by registered post with acknowledgment due, or by another appropriate method including substituted service. Where Dasti service is used, acknowledgment and an affidavit of service are filed with the Registry. The Tribunal may make appropriate directions where service on every respondent is not reasonably practicable, subject to the safeguards stated in the Rule.

12. Filing of reply and other documents by respondents

A respondent intending to contest the appeal is required to file the reply and relied-upon documents with the Registry within the prescribed period. The reply must specifically admit, deny or explain the appellant's facts and may state additional facts necessary for a just decision. Proof of service on the appellant or legal practitioner is also filed. The Tribunal may permit a delayed reply.

13. Date and place of hearing

The Tribunal notifies the parties of the date and place of hearing in the manner directed by the Presiding Officer.

14. Calendar of cases

The Tribunal draws up a calendar for hearing cases and, as far as possible, hears and decides cases according to that calendar. The Rule states that every appeal should, as far as possible, be heard and decided within six months from registration.