Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Madhya Pradesh - Section

Section 170 in The M.P. Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Kl Gathan Kl Riti Tatha Anya Vishaya) Niyam, 1980

170. Amount payable to nominee.

- Subject to any deduction under Rule 168 on the death of a subscriber before quitting the service :
(1)when the subscriber leaves a family -
(a)if a nomination made by a subscriber in accordance with the provisions of Rule 156 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 proportions specified in the nomination; and
(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 Provident 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 becomes payable to the members 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 whose husbands are alive; and
(4)married daughters of a deceased son, whose husbands are alive :Provided further that the widow and the child, or children of a deceased son shall receive between them in equal part only the share which the son would have received if he had survived the subscriber.Explanation - Any sum payable under this rule to a member of the family of a subscriber vests in such member under Provident Funds Act, 1952, sub-section (2) of Section 2.
(2)When the subscriber leaves no family if a nomination made by him in accordance with the provisions of Rule 156 in favour of any person or persons subsists, the amount standing to his credit in the Provident Fund or part thereof to which the nomination relates, shall become payable to his nominees in the proportion specified in the nomination.
(3)When a nominee is a dependent on the subscriber as defined in clause (c) of Section 2 of the Provident Funds Act, 1952, the amount vests in such nominee under sub-section (2) of Section 2 of the said Act.
(4)When the subscriber leaves no family and no nomination made by him in accordance with the provisions of Rule 156 subsists or if such nomination relates only to part of the account standing to his credit in the Provident 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, 1952 are applicable to the whole amount or the part thereof to which the nomination does not relate.
(5)Payment of Provident Fund money due to a minor beneficiary of a deceased subscriber may be made to the guardian nominated by the subscriber in the declaration made under the rules in force if such declaration continues to be valid under Rule 156. When the subscriber had not nominated, a guardian appointed by a Court to receive payment on behalf of a beneficiary should alone be recognised even where the amount involved does not exceed the limit of rupees five thousands specified in clause (b) of sub-section (1) of Section 4 of the Provident Funds Act, 1952. But if the party pleads inability to incur expenditure for obtaining the guardianship certificate from the Court, the orders of the Government shall be obtained for making any payment. Payments, however, be made without requiring the production of a guardianship certificate from the Court if the share of a minor beneficiary does not exceed rupees one hundred,-
(i)to the natural guardian of such minor beneficiary; or
(ii)in the absence of a natural guardian to a person considered fit by the Director to receive payment on behalf of such minor beneficiary on such person executing a bond in Form XXXII signed by two securities agreeing to indemnify by the Director or Market Committee against any subsequent claim which might arise :
Provided that the natural guardian may, if it is considered expedient be required to execute a bond signed by the two sureties agreeing to indemnify the Director or Market Committee against any subsequent claim which might arise before the payment is made :Provided further that in case governed by Hindu Law, payment may be made without requiring the production of a guardianship certificate from the Court to a Hindu widow of a deceased subscriber on behalf of her minor children other than step-children, irrespective of the limit of rupees one hundred specified above. She may if considered expedient, be required to execute a bond signed by two sureties agreeing to indemnify the Director or Market Committee against any subsequent claim which might arise before the payment is made.