Rule 329 — Appeal under Paragraph 9(1) of Part B of Schedule XI to the Act in case of gratuity fund.
Rule 329 prescribes how an appeal under paragraph 9(1) of Part B of Schedule XI is to be made in the case of a gratuity fund. The appeal shall be made in Form No. 187, shall be verified in the manner indicated in that form, and shall be accompanied by a fee of Rs. 1,000.
The rule fixes the form, the verification and the fee. The right of appeal itself, the order appealed against and the time for filing come from paragraph 9(1) of Part B of Schedule XI, not from this rule.
Paragraph 9(1) of Part B of Schedule XI gives a right of appeal in relation to a gratuity fund but leaves the mechanics to be prescribed. A fixed form with its own verification makes the grounds and the appellant's confirmation of them part of the record from the outset, and the fee is the standard filter attached to the appeal.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Fee accompanying the appeal | Rs. 1,000 | The appeal must be accompanied by the fee; the rule states no exemption or concession | Rule 329 |
All three requirements travel together: the appeal must be in Form No. 187, verified in the manner the form indicates, and accompanied by the fee of Rs. 1,000. An appeal filed as a letter, or in the form but unverified, or without the fee, does not meet the rule, and the defect is in the filing rather than in the merits. Nothing in the rule addresses the time limit for appealing or the grounds available, so a reader must go to paragraph 9(1) of Part B of Schedule XI for both.
The trustees of a gratuity fund wish to appeal against an order covered by paragraph 9(1) of Part B of Schedule XI. They prepare the appeal in Form No. 187, sign the verification in the manner the form indicates, and pay the fee of Rs. 1,000, filing proof of payment with the appeal. Filing the same grounds by letter, however complete, would not answer rule 329.
A reader meets it at the point of filing an appeal about a gratuity fund under paragraph 9(1) of Part B of Schedule XI, where the form, the verification and the fee are the first things checked.
An appeal under paragraph 9(1) of Part B of Schedule XI to the Act shall be made in Form No. 187 and shall be verified in the manner indicated therein and shall be accompanied by a fee of Rs. 1,000.