Section 7 – Employees State Insurance Corporation (General Provident Fund) Rules, 1995

7. Nominations

(1) A subscriber shall, at the time of joining the fund, send to the accounts officer a nomination conferring on one or more persons the right to receive the amount that may stand to his credit in the fund in the event of his death before that amount has become payable or having become payable has not been paid:

PROVIDED that where a subscriber is a minor he shall be required to make the nomination only on his attaining the age of majority:

PROVIDED FURTHER that a subscriber who has a family at the time of making the nomination shall make nomination only in favor of a member or members of his family:

PROVIDED ALSO that the nomination made by the subscriber in respect of any other provident fund to which he was subscribing before joining the fund shall, if the amount to his credit in such other fund has been transferred to his credit in the fund, be deemed to be a nomination in accordance with this rule.

(2) If a subscriber nominates more than one person under sub-rule (1), he shall specify in the nomination the amount or share payable to each of the nominees, in such manner as to cover the whole of the amount that may stand to his credit in the fund at any time.

(3) Every nomination shall be made in the forms set forth in the Schedule I appended to these rules.

(4) A subscriber may at any time cancel a nomination made by him by sending a notice in writing to the accounts officer. The subscriber shall, along with such notice or separately, send a fresh nomination made in accordance with the provisions of this rule.

(5) A subscriber may provide in a nomination-

(a) that in the event of his predeceasing the subscriber, the right conferred upon the specified nominee shall pass to such other person or persons as may be specified in the nominations:

PROVIDED that such other person or persons shall, if the subscriber has any other members in his family, be such member or members of the family:

PROVIDED FURTHER that where the subscriber confers the right under this clause on more than one person, he shall specify the amount or share payable to each of such persons in such a manner as to cover the whole of the amount payable to the nominee.

(b) that the nomination shall become invalid in the event of the happening of a contingency specified therein:

PROVIDED that if at the time of making the nomination the subscriber has only one member of his family he shall provide in the nomination that the right conferred upon the alternate nominee under clause (a) shall become invalid in the event of his subsequently acquiring other member or members in his family.

(6) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub-rule (5) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of sub-rule (5) or the proviso thereto the subscriber sends a notice in writing to the accounts officer canceling the nomination, together with the fresh nomination made in accordance with the provisions of this rule.

(7) Every nomination made, and every notice of cancellation given by a subscriber shall, to the extent that it is valid, take effect on the date on which it is received by the accounts officer.

Note : In this rule, unless the context otherwise requires, ‘person’ or ‘persons’ shall include a company or association or body of individuals, whether incorporated or not. It shall also include a Fund such as the Prime Minister’s National Relief Fund or any Charitable or other Trust or Fund, to which nomination may be made through the secretary or other executive of the said Funds of Trust authorized to receive payments.

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