(1) A nomination shall be in Form “F” and submitted in
1. Rules published in Bihar Gazette (Ex. ord) dated 21-7-1973.
2 Payment of Gratuity (Bihar) Rules, 1972 duplicate by personal service by the employee, after taking proper receipt or by sending through post acknowledgment due to the employer –
(i) In the case of an employee who is already in employment for a year or more on the date of commencement of these rules, or ordinarily, within ninety days from such date, and
(ii) In the case of any employee who completes one year of service after the date of commencement of these rules, ordinarily, within thirty days of the completion of one year of service :
Provided that nomination in Form “F” shall be accepted by the employer after the specified period, if filed with reasonable grounds for delay, and no nomination so accepted shall be invalid merely because it was filed after the specified period.
(2) Within thirty days of the receipt of a nomination in Form “F” under sub-rule (1), the employer shall get the service particulars of the employee, as mentioned in the form of nomination, verified with reference to the records of the establishment and return to the employee, after obtaining a receipt thereof, the duplicate copy of the nomination in Form “F” duly attested either by the employer or an officer authorized in this behalf by him, as a token of recording of the nomination by the employer and the other copy of the nomination shall be recorded.
(3) An employee who has no family at the time of making a nomination shall, within ninety days of acquiring a family, submit in the manner specified in sub-rule (1), a fresh nomination, as required under sub-section (4) of section 6, in duplicate in Form “G” to the employer, and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1).
(4) A notice of modification of a nomination, including cases where a nominee predeceases an employee, shall be submitted in duplicate in Form “H” to the employer in the manner specified in sub-rule (1), and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1).
(5) A nomination for a fresh nomination or a notice of modification of nomination shall be signed by the employee or, if illiterate, shall bear his thumb-impression, in the presence of two witnesses, who shall sign a declaration to that effect in the nomination, fresh nomination or notice of modification of nomination, as the case may be.
(6) A nomination, fresh nomination or notice of modification of nomination shall take effect from the date of receipt thereof by the employer.