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Bare acts > Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997 > Rule 11
 
  


 

11. Service of notices and processes issued by the Tribunal.- (1) Notices and processes to be issued by the Tribunal may be served by any of the following modes directed by the Tribunal:

(i) service by the party itself;

(ii) by hand delivery (Dasti) through process server;

(iii) by registered post with acknowledgement due.


(2) Where notice issued by the Tribunal is served by the party himself by ‘Hand delivery’ (Dasti), he shall file with the Registry of the Tribunal, the acknowledgement, together with an affidavit of service.

(3) Notwithstanding anything contained in sub-rule (1) the Tribunal may, taking into account the number of respondents and their places of residence or work and other circumstances, direct that notice of the appeal shall be served upon the respondents in any other manner including any manner of substituted service, as it appears to the Tribunal just and convenient.

(4) Notwithstanding anything done under sub-rule (1) the Tribunal may in its discretion, having regard to the nature and urgency of the case, direct the service of the notice on the Standing Counsels appointed as such by the Central Government or any State Government or any other authority under the Act.


(5) Every notice issued by the Tribunal shall, unless otherwise ordered, be accompanied by a copy of the appeal along with a copy of the paper-book.


(6) Every appellant shall pay a fee of for the service or execution of process in such manner as the Tribunal may direct under sub-rule (3) such a sum, not exceeding the actual charges incurred in effecting the service, as may be determined by the Tribunal.

(7) The fee for the service or execution of processes under sub-rule (3) shall be remitted in the manner prescribed in Rule 7 within one week of the date of the order determining the fee or within such extended time as the Registrar may permit.

(8) Notwithstanding anything contained in sub-rule (1) to (4), if the Tribunal is satisfied that it is not reasonably practicable to serve notice of appeal upon all the respondents, it may, for reasons to be recorded in writing, direct that the appeal shall be heard notwithstanding that some of the respondents have not been served with notice of the application—


Provided that no appeal shall be heard unless:-

(i) Notice of appeal has been served on the Central Government or the State Government or the Central Board if such Government or Board is a respondent.


(ii) Notice of appeal has been served on the authority which passed the order against which the appeal has been filed; and

(iii) The Tribunal is satisfied that the interests of the respondents on whom notice of the appeal has not been served are adequately and sufficiently represented by the respondents on whom notice of the appeal has been served.

 

 

 

 

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