Section 22 in The General Provident Fund (U.P.) Rules, 1985
22. Procedure on death of subscriber.
- On the death of a subscriber before the amount standing to his credit has become payable, or where the amount has become payable, before payment has been made, the amount at the credit of the subscriber shall be paid in the following manner :(i)When the subscriber leaves a family and-(a)if a nomination made by the subscriber in accordance with the provisions of Rule 5, or of the corresponding rule heretofore in force, 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 the 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, become payable to the members of his family in equal shares :Provided that not share shall be payable to-(1)Sons who have attained majority;(2)Sons of a deceased son who have attained majority;(3)Marriage 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 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 subscriber and had been exempted from the provisions of clause (1) of the first proviso.Note 1. - Any sum payable under this rule to a member of the family of a subscriber vests in such member under sub-section (2) of Section 3 of the Provident Funds Act, 1925.Note 2. - When a nominee is a dependent of the subscriber as defined in clause (c) of Section 2 of the Provident Funds Act, 1925, the amount vests in such nominee under sub-section (2) of Section 3 of the Act.(ii)When the subscriber leaves no family, if a nomination made by him in accordance with the provisions of Rule 5, or of the corresponding rule heretofore in force, 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 nominee or nominees in the proportion specified in the nomination,(iii)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 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 (c) of sub-section (1) of Section 4 of the Provident Funds Act, 1925, shall be applicable to the whole amount or the part thereof, to which the nomination does not relate.
