Pf nominee
Ramesh
(Querist) 26 December 2016
This query is : Resolved
Dear Sir,
Giving PF Nominee details by Railway employee is mandatory before and after mariage. Thanking you
Guest
(Expert) 26 December 2016
Nomination is a must for the PF. He can nominate any one he likes.
However, it is not mandatory for the employee to nominate only wife as his nominee for PF after marriage. So, if the employee has given nomination before marriage, it is not obligatory for him to change nomination after marriage.
Rajendra K Goyal
(Expert) 26 December 2016
How are you concerned / related with the query?
Guest
(Expert) 27 December 2016
Usha ji,
Thanks for agreeing with me.
Sudhir Kumar, Advocate
(Expert) 27 December 2016
male employee has no option to exclude spouse from nomination (unless judicially separated).
Guest
(Expert) 27 December 2016
Dear Sudhir,
You may like to review your opinion, "male employee has no option to exclude spouse from nomination (unless judicially separated)."
Nomination does not mean compulsion. Nomination is always at the sole discretion of the employee. He can or cannot nominate his wife for PF.
If you go through the nomination Form for PF, that starts with the sentence, "I, ____________________ hereby nominate the person(s) mentioned below who is/are member(s)/NON-MEMBERs) of my family.
So, any person, who is not a member of the family can also be nominated. Marriage is no compulsion for an employee.
Sudhir Kumar, Advocate
(Expert) 27 December 2016
RELEVANT EXTRACT OF PROVIDENT FUND RULES OF RAILWAYS IS AS UDNER
Regulation 902(6) "Family" means :-
(a) in the case of male subscriber, the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parents of the subscriber are alive, a paternal grand parents :
Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased, under the customary law of the community to which she belongs, to be entitled to maintenance, she shall thenceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate unless the subscriber subsequently indicates, by express notification in writing to the Accounts Officer that she shall continue to be so regarded;
(b) In the case of a female subscriber, the husband, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parents of the subscriber are alive, a paternal grand parents.
Provided that if a subscriber, by notification in writing to the Accounts Officer, expresses her desire to exclude her husband from the family, the husband. shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him;
NOMINATION IS NOT OPTIONAL
Regulation 941. Nominations.-(1) The Accounts Officer shall, as soon as the account is opened, invite every subscriber to make a nomination conferring the right to receive the whole or part of the amount, excluding the amount of special contribution admissible under rule 915 that may stand to his credit in the fund in the event of his death before the amount standing to his credit has become payable, or where the amount has become payable, before payment has been made:
Provided that a subscriber who has a family at the time of making the, nomination shall make such nomination only in favour of a member or members of his, family.
Provided further that a nomination made by a subscriber in respect of any other provident fund to which he was subscribing before joining the Fund shall, if the amount to his credit in such other fund has been transferred to his credit in the Fund, be deemed to be a nomination made under this rule until he makes a nomination in accordance with this rule.
FATE OF PRE-MARRIAGE NOMINATION
(5) On the marriage or re-marriage of a subscriber who is not a Hindu, Muslim, Buddhist or any other person exempted from the operation of the Indian Succession Act, 1925 (XXXIX of 1925), any nomination already made by him shall forthwith become null and void.
(6) 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.
(SOURCE http://www.indianrailways.gov.in/railwayboard/uploads/codesmanual/est-code-I/estbl-vol1-chap9-p01-p24.htm#902)
Sudhir Kumar, Advocate
(Expert) 27 December 2016
"Provided that if a subscriber, by notification in writing to the Accounts Officer, expresses her desire to exclude her husband from the family, the husband. "
THIS OPTION IS NOT AVAILABLE TO MALE EMPLOYEE
Guest
(Expert) 29 December 2016
Dear Sudhir,
I have already replied in another thread that you are just trying to teach me the definition of family, which I know for the last about 52 years, i.e., since several years before your entry in Government service.
You may like to understand a very simple thing that nomination is not an assignment of the account or PF to a certain person, which cannot be changed any time during the life of a person. In case of PF, gratuity, CGIS, etc., a nomination can be changed any number of times during the service period of a Government servant and that is always at the sweet will of the employee, not under any compulsion.
So, even if nomination is made one day in favour of wife that can be changed even the next day in favour of some other eligible person.
Sudhir Kumar, Advocate
(Expert) 29 December 2016
I still maintain that the male employee has no option to exclude wife from nomination. He can include exclude other family members.
Not capable to enter in debate with Mr Dhingra.
Sudhir Kumar, Advocate
(Expert) 29 December 2016
I still maintain that the nomination given prior to marriage doe snot subsists
Armed Forces have identical provision in provident fund rules. Any soldier reporting from leave taken for purpose of marriage is summoned in Unit's Office for revision of nomination. Other organisations do not have so severe life threat can afford to ignore this.
Not capable to enter in debate with Mr Dhingra.
Sudhir Kumar, Advocate
(Expert) 29 December 2016
Anyway I agree that to my knowledge there is no provision in Medal Attendance Rules to compel an employee to have medical facility for family.
Such action doe snot absolve him from obligation Civil provision or 125 CrPC to bear maintenance cost for the family.
Guest
(Expert) 29 December 2016
Dear Shri Sudhir Kumar,
It is not a question of debate, but the question of existence of any rule about compulsory nomination in favour of wife after marriage of an employee.
If you, "I still maintain that the male employee has no option to exclude wife from nomination," there should also exist some rule in support of your contention, which you have not quoted so far. You are free to quote that now in support of your contention.
But your contention, "I still maintain that the nomination given prior to marriage does not subsists" does not mean that the employee must nominate his wife after marriage in his revised nomination form.
I am sure, you are fully aware of the fact that every official action is governed by a set of prescribed rules, not on personal opinions or the wishes of the employee or his relatives.
About your observation, "Such action doe snot absolve him from obligation Civil provision or 125 CrPC to bear maintenance cost for the family," it is not a case of maintenance u/s 125, so it is useless to invoke any section of HMA, and is also beyond the scope of the executive authorities to invoke by ignoring the prescribed rules.
If the wife of the employee or the relatives of his wife want to claim maintenance, they cannot compel the Railway authorities to get the employee compelled to give nomination in favour of the wife. They shall have to approach the competent court of law instead of the Railway Authorities for the purpose to take orders of the court. But in that case they should also be ready to severe the husband-wife marital relations that may lead to divorce.
Guest
(Expert) 29 December 2016
In Government Services It Is Mandatory to Provide Real Time Information with regard to Marriage Or Divorce.
