Section 14: Appointment of officers of Central Board

Finin2min analysis — what the section actually does

Full statutory text — Section 14

14. Appointment of officers of Central Board.—(1) The Central Government may appoint a Central
Provident Fund Commissioner who shall be the Chief Executive Officer of the Central Board and shall also
function as head of the Employees’ Provident Fund Organisation.
   Explanation.—For the purposes of this Code, the expression “Employees’ Provident Fund
Organisation” means the organisation consisting of officers and employees of the Central Board.
    (2) The Central Provident Fund Commissioner shall be subject to the general control and
superintendence of the Central Board in the discharge of his functions under this Code.
    (3) The Central Government shall also appoint a Financial Advisor and Chief Accounts Officer to assist
the Central Provident Fund Commissioner in the discharge of his duties.
    (4) The Central Board may appoint, 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 Provident Fund Scheme, the Pension Scheme and the Insurance Scheme or other
responsibilities assigned to the Central Board from time to time by the Central Government.
    (5) 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 the Central Board in a Group 'A' or Group 'B'
        post.
    (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
Provident Fund.
    (7) (a) The method of recruitment, salary and allowances, discipline and other conditions of service of
the Additional Central Provident Fund Commissioners, Deputy Provident Fund Commissioners, Regional
Provident Fund Commissioners, Assistant Provident Fund Commissioners 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:
    Provided further that the salary and allowances of the officers specified in this clause shall not exceed
the scale of pay respectively provided in the Provident Fund Scheme.
    (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.

How to apply this provision

1. Primary statutory test — (1) The Central Government may appoint a Central Provident Fund Commissioner who shall be the Chief Executive Officer of the Central Board and shall also function as head of the Employees’ Provident Fund Organisation.
2. Additional operative limb — (2) The Central Provident Fund Commissioner shall be subject to the general control and superintendence of the Central Board in the discharge of his functions under this Code.
3. Qualification / exception to test — 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 the Central Board in a Group 'A' or Group 'B' post.
4. Numerical or timing control — 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 the Central Board in a Group 'A' or Group 'B' post.
5. Evidence file — retain facts and records proving the role/status of: Employee / worker, Central Government.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 14

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