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Section 78: To whom payable

Rajasthan Non-Government Educational Institutions - Rules 1993State Rules of Rajasthan · 1992

Subject to any deduction, under Rule 79, on the death of a subscriber before the account standing to his credit has become payable or where the amount has become payable, before payment has been made -

(i) when the subscriber leaves a family -

(a) if a nomination made by the subscriber in accordance with the provisions of Rule 69, in favour ofa member or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination;

(b) if no such nomination, in favour of 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 Fund, the whole amount or the part thereof to which the nomination does not relate as the case may be, shall not withstanding any 143 Raj. Non-Govt. Educational Institutions Rules, 1993 nomination purporting to be in favour of any persons persons other than a member or members of this family, become payable to the members of his family in equal shares

Provided that no share shall be payable to R.78

(1) sons who have attained legal majority;

(2) sons of a deceased sons, who have attained legal majority

(3) married daughter, whose husband are alive;

(4) married daughter of a deceased sons, whose husband are alive, if there is any of the family other than those specified in clauses (1), (2), (3) and (4) :

Provided also that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the subscriber and had been exempted from the provisions of clause (1) of the first proviso.

Note -

(1) Any sum payable under these rules to a member of family of a subscriber vests in such member under sub-section (2) of Section 3 of the Provident Fund Act, 1925.

(ii) when the subscriber leave no family, if a nomination made by him in accordance with the provisions of Rule 69, in favour of any person or persons subsits; the amount standing to his credit inthe fund or the part thereof to which the nomination relates, shallbecome payable to his nominee or nominees in the proportionspecified in the nomination.

(iii) When a nominee is a dependent of the subscriber as defined inClause (c) of Section 2 of the Provident Fund Act, 1925, theamount vests in such nominee under sub-section (2) of Section 3 of that Act.

(iv) When the subscriber leaves no family and no nomination made byhim in accordance with the provision of Rule 69 subsits or suchnomination relates only to a part of an amount standing to hiscredit in the Fund, the relevant provisions of clause (b) of Sectionof the Provident Fund Act, 1925 are applicable to whole amountor the part thereof to which the nomination does not relate.

R. 78 Raj. Non-Govt. Educational Institutions Rules, 1993 144 T4 Gafo ytar a qug (1), (2), (3) sÌr (4) fafE f asft afat :

fefy âi yINT 3 G4-RT 2) 3Jef7 4Art 145 Raj. Non-Govt. Educational Institutions Rules, 1993 R.79 GY-JTRI (1) qug (a) str gug (T) B4-4UG (i) uG

79. Deductions,- Subject to the condition that no deduction may be made which reduces the credit by more than the amount of any contribution by the Institution with interest thereon credited under Rules 73 and 74 and before the amount standing to the credit of the subscriber in the fund is paid out of the fund, the institution may direct the deduction therefrom and payment to the institution of

(a) any amount, if a subscriber has been dismissed from the service for grave misconduct:

Provided that, if the order of the dismissal issubsequently cancelled, the amount so deducted shall, on his reinstatement in the service be replaced at his credit in the fund;

(b) any amount, if a subscriber resigns his employment under the institution within 5 years of the commencement thereof, otherwise than by reason of superannuation or a declaration by competent Medical Authority that he is unfit for further service;

(c) any amount due under a liability incurred by the subscriber to the institution.

Rr. 80-81 Raj.Non-Govt. Educational Institutions Rules, 1993 146

80. Payments,- (1) When the amount standing to the credit of the subscriber in thefundor the balance thereof after any deduction under Rule 79, becomes payable, it shall be the duty of the Secretary of the Managing Committee, after satisfying himsclf when no such deductionhas been irected under that rule;

that no deduction is to be made, to make payment as provided in Section 4 of the Provident Fund Act, 1925.

(2) 1f the person to whom, under these rules, any amount is to be paid is a lunatic for whose State a Manager has been appointed in this benal under the Indian Lunacy Act, 1912, the payment will be made to suo Manager and not to the lunatic.

(3) Any person who desires to claim payment under this rule, shall send a wTitten application in that behalf to the Secretary of the Institution.

Note - When the amount standing to the credit of a subscriber has become payable under Rule 77, the Secretary shall authorise prompt payment of that portion of the amount standing to the credit of a subscriber in regard to which their is no dispute or doubt, the balance being adjusted as soon after as may be.

Where this provision sits

ActRajasthan Non-Government Educational Institutions - Rules 1993
Section78
Marginal noteTo whom payable
JurisdictionState of Rajasthan
StatusIn force as published by the source

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