Section 26 in Bihar Contributory Provident Fund Rules, 1948
26.
Subject to any deduction under rule 87, on the death of subscriber before quitting the service-(i)when the subscriber leaves a family-(a)If a nomination made by the subscriber in accordance with the provision of rule 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 of the family of the subscriber subsists, or if such nomination relates only to 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 notwithstanding any nomination purporting to be in favour of any person other than a member 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 attained legal majority;(3)married daughters of a deceased son whose husbands are alive, if there is only 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.Note. - Any sum payable under these rules to a member of the family of a subscriber vests in such member under sub-section (2) of Section 8 of the Provident Fund Act, 1925.(ii)when subscriber leaves no family, if a nomination made by him in accordance with the provisions of rule 5, in favour of, any person, or persons subsists the amount standing to his credit in the Fund or the part thereof, to which the nomination relates shall become payable to his nomination in the proportion specified in the nomination.Note 1. - When a nominee is a dependent to the subscriber as defined in clause (c) of Section 3 of the Provident Fund Act, 1925, the amount vests in such member under sub-section (2) of Section 3 of the Act.Note 2. - When the subscriber leaves no family and no nomination made by him in accordance with the provisions of rule 5, subsists, or if such nomination relates only to part of the amount standing to his credit in the Fund, the relevant provision of clause (b) and of sub-clause (ii) of clause (c) of sub-section (1) of Section 4 of the Provident Fund Act, 1925, are applicable to the whole amount, or the part thereof, to which the nomination does not relate.Note 3. - When a person named in a form of nomination under rule 5, dies before the subscriber, the nomination shall in the absence of a direction to the contrary in the form of nomination, become null and void in respect of that person only and his, or her share, shall be distributed in the manner prescribed in sub-clause (b) of clause (i) above.Deductions
