Power to make rules

Section 21 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 deals with power to make rules. The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the salary and allowances and other terms and conditions of service of the Presiding Officer and the employees of a Tribunal;

(b) the form and the manner in which, and the time within which, an appeal shall be filed before a Tribunal and the fees payable for filing such appeal;

(c) the manner of certifying the copy of the certificate, to be forwarded to the Recovery Officer under sub-section (2) of section 8C; and (d) any other matter, which has to be, or may be, prescribed by rules under this Act.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one 1. Subs. by Act 99 of 1976, s. 31, for "the Family Pension Scheme" (w.e.f. 7-9-1976). 2. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995). 3. Subs. by Act 33 of 1988, s. 24, for section 18 (w.e.f. 1-8-1988). 4. Subs. by Act 37 of 1953, s. 17, for section 19. 5. Subs. by Act 16 of 1971, s. 29, for "or any scheme". 6. Subs. by Act 99 of 1976, s. 37, for "or the family scheme". 7. Subs. by Act 33 of 1988, s. 25, for section 19A (w.e.f. 1-7-1997). session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 21, The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952).