section 5
Rights of nominees
The Jammu and Kashmir Provident Funds Act, 1998Labour19989 sections
Statutory text
Rights of nominees.—
- (1) Subject to the provisions of this Act, but notwithstanding anything contained in any law for the time being in force or any disposition, whether testamentary or otherwise, by a subscriber to, or depositor in, a Government Provident Fund of the sum standing to his credit in the Fund, or of any part thereof, any nomination made in accordance with the rules of the fund, which purports to confer upon any person the right to receive the whole or any part of such sum on the death of the subscriber or depositor, shall be deemed to confer such right absolutely until such nomination is varied in like manner or is expressly cancelled in such manner and to such notice given in such manner and to such person as may be prescribed by the rules.
- (2) Notwithstanding anything contained in the Probate and Administration Act, 1977, any such person shall, on the death of the subscriber or depositor, be entitled to the grant of administration to the estate of the subscriber or depositor and to receive payment of such sum or part, and such payment shall not be deemed to be invalid by reason only of the fact that the estate of the deceased has not been vested in such person or probate or letters of administration have not been obtained by such other person or probate or letters of administration have not been obtained by such other person.
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