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Union of India - Section

Section 48 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

48. Nominations.

(1)An employee of the Commission shall ones satisfactory completion of trial or probationary period, as the case may be, make nomination in Form 1 or 2 as may be appropriate in the circumstances of the case, conferring on one or more persons the right to receive the death-cum-retirement gratuity payable under Regulation 44.Provided that if at the time of making the nomination-
(i)the employee has a family, the nomination shall not be in favour of any person or persons other than the members of his family; or
(ii)the employee has no family the nomination maybe made in favour of a person or persons or a body of individuals, whether incorporated or not.
(2)if the employee nominates more than one person under sub-regulation (1), he shall specify in the nomination the amount of share payable to each of the nominates in such manner as to cover the entire amount of gratuity.
(3)The employee may provide in the nomination.
(i)That in respect of any specified nominee who pre-deceases the employee of the Commission or who dies after the death of the Commission's employee but before receiving the payment of grauity, the right conferred on that nominee shall pass to such other person as may be specified in the nomination :
Provided that if at the time of making the nomination the employee has a family consisting of more than one member, the person specified shall not be a person other than a member of his family :Provided further that where an employee has only one member in his family, and a nomination has been made in his favour, it is open to the employee to nominate alternative nominee or nominees in favour of any person or a body of individuals, whether incorporated or not;
(ii)that the nominations shall become invalid in the event of the happening of the contingency provided therein.
(4)The nomination made by an employee who has no family at the time of making it, or the nomination made by an employee under second proviso to clause (i)of sub-regulation (3) where he has only one member in his family, shall become invalid in the event of the Commission's employee subsequently acquiring a family, or an additional member in the family, as the case may be.
(5)The employee may, at any time, cancel a nomination by sending a notice in writing to the Head of Office :Provided that he shall, alongwith such notice, send a fresh nomination made in accordance with this regulation.
(6)Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (i) or sub-regulation (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (ii) of that sub-regulation, the employee shall send to the Head of Office a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this regulation.
(7)
(a)Every nomination made (including every notice of cancellation, if any, given by) an employee, under this regulation, shall be sent to the Head of Office.
(b)The Head of Office shall, immediately on receipt of such nomination countersign it indicating the date or receipt and keep it under his custody.
(c)Suitable entry regarding receipt of nomination shall be made in the service book of the employee concerned.
(8)Every nomination made, and every notice of cancellation given, by an employee shall, to the extent that it is valid, take effect from the date on which it is received by the Head of Office.