The Haryana Khadi and Village Industries Board Contributory Provident Fund Regulations, 1975 16

Section 16 · Mode of payment after death of subscriber

- Subject to any deduction under regulation 17 on the death of subscriber before the amount standing to his credit has become payable or when the amount has become payable before payment has been made.

(1)

When the subscriber leaves a family, -

(a)

If a nomination made by the subscriber in accordance with the provisions of regulation 5 in favour of a member or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination;

(b)

If no such nomination in favour of a member or members of the family of the subscriber subsists, or if such nomination relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which this nomination does not relate, as the case may be, shall notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family, becomes payable to the members of his family, in equal shares.

Provided that no share shall be payable to :-

(1)Sons who have attained legal majority.

(2)

Sons of a deceased son who have obtained legal majority.

(3)

Married daughters whose husbands are alive.

(4)

Married daughters of a deceased son whose husbands are alive.If there is any member of the family other than those specified in clauses (1), (2), (3) and (4).Provided also that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the subscriber and had been exempted from the provisions of clause (1) of the first proviso.Note. - (i) Any sums payable under these regulations to a member of the family of a subscriber vests in such member under sub-section (2) of section 3 of the Provident Funds, 1925.

(ii)

When the subscriber leaves no family and if a nomination made by him in accordance with the provisions of regulation 6 in favour of any person subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination.

Note. - (1) When a nominee is a dependent of the subscriber as defined in clause (c) of section 2 of the Provident Fund Act, 1925, the amount vests in such nominee under the sub-section (2) of section 3 of the Act.Note. - When the subscriber leaves no family and no nomination made by him in accordance with the provisions of rule 6 subsists or if such nomination relates only to part of the amount standing to his credit in the Fund, the relevant, provisions of clause (b) and of sub-clause (ii) of clause (a) of sub-section (1) of section 4 of the Provident Funds Act, 1925, are applicable to the whole amount or the part thereof to which the nomination does not relate.

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