CHAPTER V
GRATUITY
32. Nomination, fresh nomination and modification.[i]
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(1) A nomination shall be in Form-III and submitted in duplicate by the employee either by personal service, after taking proper receipt or by speed post (with registration) or electronically to the employer, - (i) in the case of an employee who is already in employment for a year or more on the date of commencement of these rules but has not submitted the nomination, ordinarily, within ninety days from such date; and (ii) in the case of an employee who completes one year of service after the date of commencement of these rules, ordinarily within ninety days of the completion of one year of service: Provided that nomination in Form-III shall be accepted by the employer after the expiry of the specified period, if filed and no nomination so accepted shall be invalid merely because it was filed after the specified period. |
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(2) Within thirty days of the receipt of nomination in Form-III under sub-rule (1), the employer shall get the service particulars of the employee, as mentioned in the form of nomination, verified with reference to the records of the establishment and return to the employee, after obtaining a receipt thereof, the duplicate copy of the nomination in Form-III duly attested either by the employer or an officer authorised in this behalf by him, as a token of recording of the nomination by the employer and the other copy of the nomination shall be retained by him. Provided that the details of Aadhaar of the nominee shall be provided by the employee at the time of filling the nomination form. |
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(3) An employee who has no family at the time of making a nomination shall, within ninety days of acquiring a family submit in the manner specified in sub-rule (1), a fresh nomination, as required under sub-section (4) of section 55, duplicate in Form-III to the employer and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1). |
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(4) A notice of modification of a nomination, including cases where a nominee predeceases an employee, shall be submitted in duplicate in Form-III to the employer in the manner specified in subrule (1), and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1). |
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(5) A nomination or a fresh nomination or a notice of modification of nomination shall be, signed by the employee or, if illiterate, shall bear his thumb impression in the presence of two competent witnesses, who shall also sign a declaration to that effect in the nomination, fresh nomination or notice of modification of nomination, as the case may be, and shall be submitted by the employee electronically or by personal service or by speed post (with registration) to the employer. |
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(6) A nomination, fresh nomination or notice of modification of nomination shall take effect from the date of receipt thereof by the employer. |
[i] Inserted by Notification No. G.S.R. 344(E) dated 08-05-2026