Punjab Amends Ayurvedic and Unani Board Employee Service Rules, Mandates Provident Fund Integration

The Government of Punjab has issued new rules, titled the Board of Ayurvedic and Unani Systems of Medicine (Employees Conditions of Service) Amendment Rules, 2023, which came into force on June 28, 2023, upon their publication in the Official Gazette. These rules, issued as delegated legislation by the Department of Medical Education and Research, amend the existing Board of Ayurvedic and Unani Systems of Medicine (Employees Conditions of Service) Rules, 1976. The amendments were made by the Governor of Punjab in exercise of the powers conferred by section 54 of the Punjab Ayurvedic and Unani Practitioners Act, 1963 (Punjab Act No. 42 of 1963). The primary objective of these amendments is to streamline and standardize the provident fund management for employees of the Board by integrating with the Employees Provident Fund Organisation (EPFO) and to clarify the retirement age for the Registrar.

Among the key changes introduced, the definition of 'subscriber' in rule 2, sub-rule (1), clause (j) of the 1976 Rules has been substituted to mean "an employee, who is a subscriber to the Employees Provident Fund." Furthermore, a new proviso has been inserted into rule 21, which stipulates that the Registrar of the Board shall now retire upon attaining the age of sixty-five years. A significant overhaul has been made to Appendix 'B' of the said rules, where rules 5, 6, 7, and 8 have been substituted with new provisions. These new rules mandate the Board to open an account with the Employees Provident Fund Organisation, to be known as the Board of Ayurvedic and Unani Systems of Medicine Punjab Employees Provident Fund Account. The Board is now obligated to pay all subscriptions deducted from employees and contributions payable under the rules into this account monthly, specifically by the fifteenth day of each month. The legislation provided: “The Board shall open an account to be called the Board of Ayurvedic and Unani Systems of Medicine Punjab Employees Provident Fund Account with the Employees Provident Fund Organisation and as soon as may be at the beginning of each month, but not later than the fifteenth day of each month, shall pay into such account, the amount of all subscriptions deducted under the provisions of rule 2 and of the contributions payable under the provisions of rule 3.” Payments to the EPFO are to be made through its online portal. The new rules also clarify that withdrawals from the Employees Provident Fund account by a subscriber must be made after intimating the Board and fulfilling the conditions laid down by the Employees Provident Fund Organisation from time to time. Concurrently, rules 9, 10, and 11 of Appendix 'B' have been omitted, indicating a consolidation and modernization of the provident fund provisions. These changes directly affect the employees of the Board of Ayurvedic and Unani Systems of Medicine, the Board itself, and specifically the Registrar, by altering their service conditions and provident fund management.

The legislative intent behind these amendments appears to be the modernization and standardization of employee benefits, particularly provident fund contributions, by aligning them with the national framework provided by the Employees Provident Fund Organisation (EPFO), a statutory body that manages provident funds for employees in India. The earlier legal position under the 1976 Rules likely involved an internal or less standardized provident fund mechanism, which these amendments seek to replace with a more robust and externally managed system. This addresses potential statutory gaps or limitations in the previous framework concerning the security and management of employee provident funds. By mandating contributions to the EPFO, the rules introduce new obligations for the Board and ensure that employees benefit from the broader regulatory oversight and portability offered by the EPFO. The clarification of the Registrar's retirement age to sixty-five years also provides greater certainty in administrative succession and service tenure within the Board. The omission of certain rules from Appendix 'B' suggests the removal of provisions that are either redundant, superseded by the new EPFO integration, or no longer relevant to the updated service conditions. These amendments aim to enhance the welfare provisions for the Board's employees and bring their service conditions in line with contemporary practices for provident fund management.

Keywords: Punjab, Ayurvedic, Unani, Employees, Provident Fund, Service Rules, Retirement Age, Medical Education, Delegated Legislation, EPFO

Geo Tags: India, Punjab District: Not Applicable