(1) (a) Every employee shall make a declaration in Form I nominating a person conferring the right to receive the amount that may stand in his credit in the event of his death before that amount standing to his credit has become payable or where the amount has become payable, before payment has been made.
(b) If the employee has a family at the time of making 20 nomination, the nomination shall be in favour of the spouse or the spouse in preference followed by one or more members of his family:
Provided that, nomination made by an employee having a family in favour of a person other than member of his family shall be invalid:
Provided further that, after marriage of an employee a fresh nomination including spouse shall be made, specifying amount or share payable to each of his/her nominees.
Nomination made before such marriage shall be deemed to be cancelled.
(c) Where the nomination is wholly or partly in favour of a minor, the employee may appoint a major person of his family, to be the guardian of the minor nominee or where there is no major person in the family, he may at his discretion, appoint any other person to be a guardian of the minor nominee.
(d) If the employee nominates more than one member, he shall specify in the nomination, the amount or share payable to each of his nominees at his own discretion so as to cover the whole of the amount that may stand to his credit.
(2) Where any amount payable to an employee under the Code is due after his death or on account of his whereabouts not being known, and the amount could not be paid to the nominee of the employee until the expiry of three months from the date the amount had become payable, then, such amount shall be deposited by the employer with Assistant Commissioner of Labour having jurisdiction who shall disburse the amount to the person nominated by the employee after ascertaining his identity within two months of the date on which the amount was 21 so deposited with him.
35. Deposit of undisbursed dues under clause (b) of sub-section
(1) of section 44.- (1) Where any amount payable to an employee under this Code remains undisbursed because either no nomination has been made by such employee or for any other reason, such amounts could not be paid to the nominee of employee until the expiry of six months from the date the amount had become payable, all such amounts shall be deposited by the employer with Assistant Commissioner of Labour having geographical jurisdiction as mentioned in the order before the expiry of the fifteenth day after the last day of the said period of six months.
(2) The amount referred to in sub-rule (1) shall be deposited by the employer with Assistant Commissioner of Labour having geographical jurisdiction as mentioned in the order through bank transfer or through a crossed demand draft obtained from any Nationalised/ scheduled bank in India drawn in favour of such Assistant Commissioner of Labour having jurisdiction.