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State of Haryana - Section

Section 5 in The Haryana Khadi and Village Industries Board Contributory Provident Fund Regulations, 1975

5. Nominations.

(1)A subscriber shall, as soon as may be after joining the fund, send to the Accounts Officer a nomination conferring on one or more persons the right to receive the amount that may stand to his credit in the Fund, in the event of his death before that amount has become payable or having become payable has not been paid :Provided that, if at the time of making the nomination the subscriber has a family, the nomination shall not be in favour of any person or persons other than the members of his family.Note. - The application for admission to the fund shall not be forwarded to the Accounts Officer, until it is accompanied by nomination forms completed by the subscriber.
(2)If a subscriber nominates more than one person under sub-clause (1), he shall specify in the nomination the amount of share payable to each of the nominees in such manner as to cover the whole of the amount that may stand to his credit in the fund at any time.
(3)Every nomination shall be in such one of the Forms viz., PFI, PFIA, PFIB, PFIC, as is appropriate in the circumstances.
(4)A subscriber may at any time cancel a nomination by sending a notice in writing to the Accounts Officer :Provided that the subscriber shall alongwith such notice send a fresh nomination made in accordance with the provisions of clauses (1) to (3).Note. - The proviso to this clause is directory and not mandatory. The additional provision that a fresh nomination shall be sent alongwith a notice does not affect the validity or otherwise of the notice. The proviso thus does not constitute a condition for the validity of the notice. Once a notice is given complying with the above requirements it operates as a valid and effective notice, provided it is given in clear and unambiguous terms. In view of this it shall not be in order to make the payment of the deposit in the Fund on the basis of the nomination which is expressly cancelled by the subscriber by a notice given in clear and unambiguous terms but which is not replaced by another valid nomination. After receiving such a notice of cancellation of a nomination, the nomination shall be cancelled forthwith and returned to the subscriber. If the subscriber fails to furnish alongwith the notice of cancellation or separately in due course, a fresh nomination which is in accordance with regulations and the Fund becomes payable as a result of the death of the subscriber, the payment shall be made in accordance with the regulations as if no valid nomination subsists.
(5)A subscriber may provide in a nomination -
(a)in respect of any specified nominee, that in the event of his predeceasing the subscriber, the right conferred upon that nominee shall pass to such other persons as may be specified in the nomination;
(b)that the nomination shall become invalid in the event of happening of a contingency specified therein :
Provided that if at the time of making the nomination the subscriber has no family he shall provide in the nomination that it shall become invalid in the event of his subsequently acquiring a family.
(6)Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub-regulation (5) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of the said sub-regulation or the proviso thereto, subscriber shall send to the Accounts Officer a notice in writing cancelling the nomination together with a fresh nomination made in accordance with the provisions of this regulation.
(7)Every nomination made by a subscriber shall to the extent that it is valid take effect on the date on which it is received by the Accounts Officer.