Rule 319: Nomination in a gratuity fund
Rule 319 governs nominations in a gratuity fund. Rules 316 to 329 govern approved gratuity funds under Part B of Schedule XI to the Act. Trustees may allow an employee to nominate in Form 184 (or a form as near to it as needed) one or more persons to receive gratuity on death. Family members must be nominated if the employee has a family; shares must cover the whole amount; the nomination may be modified; and a guardian may be appointed for a minor.
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Rule 319 - Nomination
(1) An employee may be allowed by the trustees of the gratuity fund to make a nomination in Form 184 or in a form as near thereto as may be necessary conferring on one or more persons, the right to receive the amount of gratuity in the event of his death, before that amount becomes payable or, having become payable, has not been paid.
(2) If an employee nominates more than one person under sub-rule (1), he shall, in his nomination, specify the amount or share payable to each of the nominees in such manner as to cover the whole of the amount of gratuity that may be payable in the event of his death.
(3) Where an employee has a family at the time of making a nomination, the nomination shall be in favour of one or more persons belonging to his family and any nomination made by such employee in favour of a person not belonging to his family, shall be invalid.
(4) If at the time of making a nomination, the employee has no family, the nomination may be in favour of any person or persons, but if the employee subsequently acquires a family, such nomination shall forthwith be deemed to be invalid and the employee may be allowed to make a fresh nomination in favour of one or more persons belonging to his family.
(5) A nomination made by an employee may, at any time, be modified by him after giving a written notice to the trustees of his intention of doing so in Form 184 or in a form as near thereto as may be and, if, the nominee predeceases the employee, the interest of the nominee shall revert to the employee, who may thereupon make a fresh nomination in respect of such interest.
(6) A nomination or its modification shall take effect to the extent it is valid on the date on which it is received by the trustees.
(7) Where the nomination is wholly or partly in favour of a minor, the member may, for the purposes of this rule appoint a major person of his family, to be the guardian of the minor nominee in the event of the member predeceasing the nominee and the guardian so appointed, and where there is no major person in the family, the member may, at his discretion, appoint any other person to be a guardian of the minor nominee.
(8) For the purposes of this rule, "family", in relation to an employee, shall be deemed to consist of –
(a) in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents and the dependent parents of his wife and the widow and children of his predeceased son, if any; and
(b) in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any:
Rule breakdown
Nomination rules
Form 184 or a form as near to it as necessary.
Several nominees: specify shares covering the whole gratuity.
With a family: only family members; otherwise invalid.
No family: anyone, but invalid once a family is acquired.
Modify any time by written notice; a predeceased nominee's interest reverts to the employee.
Effective, to the extent valid, when received by trustees.
Guardian for a minor nominee: a major family member, or any other person if none.
Family: Rule 319(8)
Male employee: himself, wife, children, his and wife's dependent parents, predeceased son's widow and children.
Female employee: herself, husband, children, her and husband's dependent parents, predeceased son's widow and children.
Key takeaways
Form 184
Nomination and modification.
Family first
Family nominees if you have a family.
Guardian
For minor nominees.
Practical checklist
- Review nomination after family changes.
Avoid
- Do not leave shares unallocated among multiple nominees.
FAQs
Which form is used?
Form 184 or a form as near to it as necessary (Rule 319(1)).
Can I change my nomination?
Yes, at any time by written notice (Rule 319(5)).
Who is family for a female employee?
Herself, husband, children, her and her husband's dependent parents, and widow and children of a predeceased son (Rule 319(8)(b)).
Glossary
- Nominee
- Person entitled to receive gratuity on the employee's death.
- Family
- As defined in Rule 319(8).