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TMI Blog1987 (2) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... volent fund. The plaintiffs as mother and father claimed half share in these amounts standing to the credit of the deceased, Gopi Ram, with the DTC. During his life time, Gopi Ram had filed a declaration for nomination under From 2 of Para 61 of the Provident Fund Scheme framed under the Employees' Provident Fund Act, 1952. In the said declaration for nomination, he has nominated his wife, Om Wati, for the purposes of the employees' provident fund. After the death of Gopi Ram, the DTC paid a sum of ₹ 17,182 against the provident fund and benevolent fund to Om Wati after deducting a sum of ₹ 500 which Gopi Ram had taken as a loan against his provident fund. The balance amount towards gratuity, insurance, bonus, security, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receive the amount standing to the credit in the fund in the event of the death of a person who has been contributing to the provident fund. Counsel submits that the words right to receive are borrowed from section 5 of the Provident Funds Act, 1925. He further argues that this right to receive the amount confers an absolute right on the nominee to receive the amount in exclusion of other heirs whether testamentary or otherwise. He has referred to the decisions to this effect under section 5 of the Provident Funds Act, 1925. He has also referred to some English decisions where the concept of right to receive the amount by a nomination has been interpreted so as to mean that such a right is in the nature of beneficiary's interest in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Funds and Miscellaneous Provisions Act, 1952. 5. But, since counsel for the petitioner has referred to section 5(1) of the Provident Funds Act, 1925, and certain English decisions, I would like to advert to them. Section 5(1) of the provident Funds Act, 1925, states : 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 or Railway Provident Fund ..... where any nomination, duly made in accordance with the rules of the Fund, 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, occurring before the sum has become payable or befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the 1952 Act make it clear that the Provident Funds Act, 1925, was very much within the awareness of the Legislature. The Employees' Provident Funds Act, 1952, is a special provision for the benefit of the employees in factories and similar establishments as contemplated by that Act. 6. It is a special Act because the Provident Funds Act, 1925, was applicable only to employees in the Government and the Railways. The Railways are separately mentioned because in 1925 they were not nationalised. Apart from the fact that the Employees' Provident Funds Act, 1952, is a special Act, in point of time it is a subsequent enactment. Therefore, if the non obstante clause in section 5 does not find a place in the Scheme framed under the 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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