ANNONYMOUS Friend,
I am trying to answer you differently.
As regards to EPF & gratuity:
Para 61 of EPF Scheme & Section 6 of POG Act deal with the Procedure for nomination to respective funds. According to this, right of nominee is restricted i.e. in the case of an employee having no family, nomination can be made in favour of any person. However as soon as there is a member in family, nominee in favour of outsider becomes void and fresh nomination in favour of any member in family has to be made.
According to SC in Shipra Sengupta's appeal (1999), right of wife to get EPF is not destroyed due to mother's nomination.
As regards to Insurance:
Nominee is a person whose name is written in proposal form. However, the position of nominee is settled now by SC in Sarbati Devi v Usha Devi (AIR 1984 SC 346). According to this Judgement, a mere nomination u/r Section 39 does not confer on the nominee any beneficial interest in the amount payable under the insurance policy on the death of insured.
From India, Mumbai
2556I am trying to answer you differently.
As regards to EPF & gratuity:
Para 61 of EPF Scheme & Section 6 of POG Act deal with the Procedure for nomination to respective funds. According to this, right of nominee is restricted i.e. in the case of an employee having no family, nomination can be made in favour of any person. However as soon as there is a member in family, nominee in favour of outsider becomes void and fresh nomination in favour of any member in family has to be made.
According to SC in Shipra Sengupta's appeal (1999), right of wife to get EPF is not destroyed due to mother's nomination.
As regards to Insurance:
Nominee is a person whose name is written in proposal form. However, the position of nominee is settled now by SC in Sarbati Devi v Usha Devi (AIR 1984 SC 346). According to this Judgement, a mere nomination u/r Section 39 does not confer on the nominee any beneficial interest in the amount payable under the insurance policy on the death of insured.
From India, Mumbai
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ESI-PF-Gratuity .xls
AP Compulsory Gratuity Insurance Rule 2011- Notification.pd f