Section 21 in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
21. Nominations.
(1)For the purpose of this rule-(a)"family" shall include the following relatives of the member of the Service:-(i)Wife or husband;(ii)sons;(iii)unmarried and widow daughters;(iv)brothers below the age of 18 years, and unmarried or widowed sisters;(v)Father;(vi)mother;(vii)married daughters; and(viii)children of a pre-deceased son.Note 1. - Items (ii) and (iii) will include step children.Note 2. - An adopted son or an adopted daughter may be treated as son or daughter for the purpose of this rule provided that the Accounts Officer, or if any doubt arises in the mind of the Accounts Officer, the solicitor to the State Government is satisfied that under the personal law of the member of the service , adoption is legally recognised conferring the status of a natural child.(b)"person" shall include any company or association or body of individuals whether incorporated or not.(2)A member of the Service shall, soon after confirmation in the Service make a nomination conferring on one or more persons the right to receive the death-cum-retirement gratuity, that may be sanctioned under sub-rule (2) or clause (b) of sub-rule (3) of rule 19 and any gratuity, which having become admissible to him under rule 18 had not been paid to him before his death.Provided that:(i)if at the time of making the nomination, the member of the Service has a family, the nomination shall not be in favour of any person or persons other than the members of his family; and(ii)where the member of the Service has only one member in his family in whose favour the original nomination should be made the alternate nomination can be made in favour of any person who is not a member of his family or in favour of a body of persons corporate or incorporate.(3)If a member of the Service nominates more than one person under sub-rule (2), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole amount of death gratuity.(4)A member of the Service may provide in a nomination -(a)in respect of any specified nominee that in the event of his predeceasing the member of the Service, the right conferred upon that nominee shall pass to such other person as may be specified in the nomination; provided that if at the time of making the nomination, the member of the Service has a family consisting of more than one member, the person to be specified shall not be a person other than a member of his family; and(b)that the nomination shall become invalid in the event of the happening of a contingency specified therein.(5)The nomination made by a member of the Service who has no family at the time of making it, or a provision made in a nomination under clause (a) of sub-rule (4) by a member of the Service whose family consists, at the time of making the nomination, of only one member, shall become invalid in the event of the member of the Service subsequently acquiring a family or an additional member in the family, as the case may be.(6)Every nomination shall be in such one of the forms given in Schedules D to G, as may be appropriate in the circumstances of the case.(7)(a)A member of the Service may at any time cancel a nomination by sending a notice in writing to his Accounts Officer; provided that the member of the Service shall along with such notice send a fresh nomination made in accordance with this rule.(b)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 (4) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of that sub-rule (5), a member of the service shall send to his Accounts Officer a notice in writing formally cancelling the nomination together with a fresh nomination made in accordance with this rule.(8)Every nomination made and every notice of cancellation given by a member of the Service under this rule shall be sent by him to his Accounts Officer.(9)Every nomination made and every notice of cancellation given by a member of the Service shall to the extent that it is valid take effect on the date on which it is received by the Accounts Officer.
