Rule 7: Executive Committee

Finin2min analysis — operative rule mechanics

Full notified text — Rule 7

7. Executive Committee. – (1)The Central Board shall perform such functions as may be assigned to
it by the Central Government under section 13 and administer the Schemes framed under section 15.
(2) The Executive Committee shall consist of the following members, namely: -

          i.    a Chairperson to be appointed by the Central Government from amongst the members
                of the Central Board;
         ii.    two persons appointed by the Central Government from amongst the persons referred
                to in clause (b) of sub-section (1) of section 4;
        iii.     three persons appointed by the Central Government from amongst the persons
                referred to in clause (c) of sub-section (1) of section 4;
        iv.      three persons representing the employers elected by the Central Board from amongst
                the persons referred to in clause (d) of sub-section (1) of section 4;
         v.     three persons representing the employees elected by the Central Board from amongst
                the persons referred to in clause (e) of sub-section (1) of section 4; and
        vi.     the Central Provident Fund Commissioner, ex officio.

 (3) (a) The Chairperson of the Central Board shall call a meeting of the Board for the purpose of
election to the Executive Committee of the members representing the employers or, as the case may
be, the employees referred to in sub-clauses (iv) and (v) of sub-rule (2).

    (b) The Chairperson of the Central Board may invite the members to propose the names of those
 members who represent the employers or, as the case may be, the employees and every such
 proposal shall be duly seconded by another member of the Board.

     (c) In case where the number of persons proposed and seconded for election under clause (a)
does not exceed the number of vacancies to be filled up from amongst the persons representing the
employers, or, as the case may be, the employees, the persons whose names have been so proposed
and seconded in relation to the category of employers or employees, shall be declared elected to the
Executive Committee.

     (d) In case where the number of persons proposed and seconded for election under clause (a)
exceeds the number of vacancies to be filled up from amongst the persons representing the employers
or, as the case may be, the employees, each member of the Board present at the meeting, other than
the Chairperson, shall be given a ballot paper containing the names of all the candidates so proposed
and seconded and he may record his votes thereon for as many candidates belonging to the categories
of employers or employees, as there are vacancies to be filled up in relation to each such category, but
not more than one vote shall be given in favour of any one candidate.

     (e) In case where any member votes for more candidates than the number of vacancies in relation
to the categories of employers or employees or gives more than one vote in favour of any one
candidate, all his votes shall be deemed to be invalid.

     (f) The persons getting the highest number of votes shall be declared by the Chairperson as duly
elected to the Executive Committee at the same meeting or as soon thereafter as possible:

        Provided that where there is an equality of votes between candidates, the Chairperson shall
have a casting vote.

    (g) In case where any question arises as to the validity of any election, it shall be referred to the
Central Government, which shall decide the same.

 (4) The Central Board may, by order, constitute one or more committees consisting of as many
trustees and officers of the Employees‘ Provident Fund Organisation, as may be specified in the order:

        Provided that the Central Board may also include such persons, who in its opinion, have
special knowledge of the subject matter relating to the committee.

 (5) The Executive Committee shall function under the general superintendence of the Central Board
and assist the Central Board in performance of its functions and shall perform such functions as may
be assigned to it by the Central Board.

(6) (a) The term of office of the Chairperson, Vice-Chairperson and every trustee of the Central Board
referred to in clauses (b), (c), (d) and (e) of sub-section (1) of section 4 shall be four years
commencing on and from the date on which their respective appointment is notified in the Official
Gazette.

 (b) The term of office of the Chairperson and every member of the Executive Committee shall be two
years, commencing on and from the date on which their respective appointment is notified.

 (c) Notwithstanding anything contained in clauses (a) and (b), every trustee or member of the Central
Board or Executive Committee, as the case may be, shall continue to hold office until the appointment
of his successor is notified in the Official Gazette:

        Provided that a member of the Executive Committee shall cease to hold office when he ceases
to be a member of the Central Board.

(d) A trustee or a member referred to in clauses (a) and (b) appointed to fill a casual vacancy shall
hold office for the remaining period of the term of office of the trustee or member in whose place he is
appointed and shall continue to hold office on the expiry of the term of office until the appointment of
his successor is notified in the Official Gazette.

(e) A person shall be eligible for appointment as a trustee or a member for a maximum of two terms:

             Provided that such limitation of terms shall not apply to the Chairperson, Vice-
Chairperson, and a trustee or member appointed ex officio and such appointment shall be co-terminus
with the tenure of the office of the trustee or member, as the case may be:

           Provided further that the maximum of two terms shall also include the number of terms
for which a person has been appointed as a trustee of the Central Board under clause (d) or clause (e)
of sub-section (1) of section 5A of the erstwhile Employees' Provident Funds and Miscellaneous
Provisions Act, 1952 (19 of 1952).

(7) (a) The Central Provident Fund Commissioner shall be the Secretary to the Central Board and
also to the Executive Committee.

(b) The Secretary to the Central Board and the Executive Committee shall, in consultation with the
Chairperson of the Central Board or the Executive Committee, as the case may be, convene meetings
of the Central Board or the Executive Committee, keep a record of their minutes and shall take
necessary steps for carrying out the decisions of the Central Board or the Executive Committee, as the
case may be.

    B. EMPLOYEES’ STATE INSURANCE CORPORATION

Application and evidence

1. Primary statutory test — – (1)The Central Board shall perform such functions as may be assigned to it by the Central Government under section 13 and administer the Schemes framed under section 15.
2. Additional operative limb — (2) The Executive Committee shall consist of the following members, namely: - i. a Chairperson to be appointed by the Central Government from amongst the members of the Central Board; ii. two persons appointed by the Central Government from amongst the persons referred to in clause (b) of sub-section (1) of section 4; iii. three persons appointed by the Central Government from amongst the persons referred to in…
3. Qualification / exception to test — Provided that where there is an equality of votes between candidates, the Chairperson shall have a casting vote. (g) In case where any question arises as to the validity of any election, it shall be referred to the Central Government, which shall decide the same.
4. Numerical or timing control — (6) (a) The term of office of the Chairperson, Vice-Chairperson and every trustee of the Central Board referred to in clauses (b), (c), (d) and (e) of sub-section (1) of section 4 shall be four years commencing on and from the date on which their respective appointment is notified in the Official Gazette.
5. Code Section mapping — 4. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, Corporation / EPFO / Board.

Cross-references & prescribed forms

Worked example

Q&A — Rule 7

Primary sources