Section 23 in The Employee's Deposit-Linked Insurance Scheme, 1976
23. Assurance benefit to whom payable.
(1)The nomination made by an employee under Employees' Provident Funds Scheme, 1952, [or under the provident fund exempted under section 17 of the Act, as the case may be] [ Inserted by G.S.R. 329, dated 23.2.1978 (w.e.f. 4.3.1978).] shall be treated as nominations under this Scheme and the assurance amount shall become payable to such nominee or nominees.(2)If no nomination subsists or if the nomination relates only to part of the amount standing to his credit in the Fund [or of a provident fund exempted under section 17 of the Act, as the case may be] [Inserted by G.S.R. 329, dated 23.2.1978 (w.e.f. 4.3.1978). ], 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 shall 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 member 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 employee and had not attained the age of majority at the time of his death.(3)In any case to which the provisions of sub-paragraphs 1 and 2 do not apply the whold amount shall be payable to the person legally entitled to it.(4)[ If a person who is eligible to receive assurance Scheme benefit of the deceased member in terms of sub-paragraph 1,2 or 3 is charged with the offence of murdering the member or for abetting in the commission of such an offence, his claim to receive assurance benefit shall remain suspended till the conclusion of the criminal proceedings instituted against him. If on the conclusion of the criminal proceedings, the person concerned is : -(a)convicted for the murder or abetting the murder of the member, he shall be debarred from receiving his share of deposit linked assurance benefit which shall be payable to other eligible members of any of the family; or(b)acquitted of the charge of murdering or abetting in the murder of the member, his share shall be payable to him.]Explanation. - For the purpose of this paragraph an employee's posthumous child, if born alive, shall be treated in the same way as a surviving child born before his death.
