Fund Commissioner holds the Office of Commissioner on appointment by Government by virtue of his office. His service are temporarily placed at the disposal of the Board, he does not, therefore, cease to be an officer in the service of the Government. The payment of his pay out of the Fund does not alter his status as Government employee. It was held that the Courts below have erred in holding that the Coal Mines Provident Fund Commissioner is not a public officer within the meaning of the term in Sec. 2 (17) (h) of the Civil Procedure Code.'

3. Coal Mines Provident Fund Scheme.(1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Provident Fund Scheme for the establishment of a provident fund for 2[employees] and specify the coal mines to which the said scheme shall apply.

3[(1-A) The Fund shall vest in, and be administered by the Board Constituted under Sec. 3-A].

(2) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the First Schedule.

3[3-A, Constitution of Board of Trustees.(1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified therein, a Board of Trustees for the territories to which this Act extends (hereinafter In this Act referred to as the Board) consisting of the following persons, namely:

a) A Chairman appointed by the Central Government;

b) The Coal Mines Provident Fund Commissioner, ex officio:

c) Three persons appointed by the Central Government:

d) not more than six persons representing Government of such States as the Central Government may specify in this behalf from time to time, appointed by the Central Government;

e) six persons representing employers, appointed by the Central Government after consultation with such organisations of employers as may be recognised by the Central Government in this behalf, and of whom at least one shall be a person who is not a member of any such organisation;

f) six persons representing employees, appointed by the Central Government after consultation with such organisations of employees as may be recognised by the Central Government in this behalf and of whom at least one shall be an employee himself and at least one shall be a person who is not a member of any such organisation.

(2) The terms and conditions subject to which a member of the Board may be appointed and the time, place and procedure of the meetings of the Board shall be such as may be provided for in the Coal Mines Provident Fund Scheme.

(3) The Board shall ''[subject to the provisions of Section 3-EJ s[and Sec. 3-G] administer the Fund vested in it in such manner as may be specified In the Scheme aforesaid.

(4) The Board shall perform such other functions as it may be required to perform by or under any provisions of 6[the Coal Mines Provident Fund Scheme.] 7[, the Coal Mines Family Pension Scheme) and the Insurance Scheme].

3-B. Board of Trustees to be body corporate.The Board of Trustees constituted under Sec. 3-A shall be a body corporate under the name specified in the notification constituting It. having perpetual succession and a common seal and shall be the said name sue and be sued.

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1) Coal Mine* Provident Fund CommiMtoner v.Runeth Chftndra Jha.199O B.B.C.J.43 t pp. 44, 45 (S.C.).

2) Subs, by Act SO of ) 950.

3) Ins. by Art 45 of 1965 (w.c.f. 1 si April. 1966).

4) Ins. by Act J6 of 1971. Sec. 6 (w.e.f. 23iri April. 1971).

5) Ins. by Art 99 of 1976. Sec. 5 (w.e.f. 1st August, 1976).

6) Subs, by Act 16 of 1971. Sec. 6 (w.e.f. 22nd April. 1971).

7) Subs, by Act 99 of 1976. Sec. 5 (w.e.f. 1st August. 1976).