Section 64 in The Coal Mines Provident Fund Scheme
64. Accumulations of a Deceased Member to whom payable.
- On the death of a member before the amount standing to his credit has become payable, or where the amount has become payable, before payment has been made-(i)if a nomination made by the member in accordance with paragraph 62 subsists, the amount standing to his credit in the Fund or that part thereof to which the nomination relates, shall become payable to his nominee or nominees in accordance with such nomination ;(ii)if no nomination subsists or if the 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 the nomination does not relate, as the case may be, shall become payable to the members of his family in equal shares.Provided that no share shaH be payable to(a)sons who have attained majority ;(b)sons of a deceased son who have attained majority;(c)married daughters whose husbands are alive ;(d)married daughters of a deceased son whose husbands are alive; if there is any members of the family other than those specified in clauses (a), (b), (c) and (d) :Provided further 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 member and had not attained the age of majority at the time of the member's death.(iii)[ In any case to which the provisions of clause (i) and (ii) do not apply the whole amount [that would have been otherwise payable in his case] [Inserted vide S.R.O. 1208 dated 28th May, 1955.] shall be payable to the person legally entitled to it ];[Provided that (i) where such payment does not exceed rupees seven hundred and fifty, the Assistant Commissioner or (ii) where it exceeds rupees seven hundred and fifty but does not exceed rupees three thousand, the Regional Commissioner or (iii) where it exceeds rupees three thousand but does not exceed rupees five thousand, the Joint Commissioner or (iv) where it exceeds rupees five thousand the Commissioner, may after giving notices to such person and making such summary enquiry as he thinks fit, make payment of the amount to the person who appears to him to be legally entitled thereto, after getting from such person such security as he considers necessary, and any payment so made shall be a full discharge from all liabilities in respect of the amount so paid] [Proviso to para 64 (iii) first inserted vide S.R.O. 1208 dated 28.5.1955 and then reconstituted vide G.S.R. 1061 dated 15.6.1963, substituted vide G.S.R. 1140 dated 7.5.69. resubstituted vide O.S.R. 463 dated 24.3.79.].[Provided further that where the amount exceeds rupees twenty five thousand, no payment shall be made to a person unless he is in possession of a succession certificate issued in his name by a competent court.] [The words 'rupees ten thousand' substituted by the words 'rupees twenty five thousand' vide G.S.R. No. 258 dated 8.4.89.]Note :-For the purpose of this paragraph a member's posthumous child, if born alive, shall be treated in the same way as a surviving child born before the member's death.[65. omitted]
