Section 9:
Nomination by holders of Government securities.
(1) Notwithstanding anything contained in
sections 7 and 8 or any other law for the time being in force, except the provisions of sub-section (2),--
(a) where a Government security other than in the form of promissory note or bearer bond is held
by a person in his name or jointly with any other name or names, as the case may be, the sole holder
or all the joint holders of the Government security together may nominate one or more persons in
such form and in such manner as may be prescribed, who in the event of the death of the sole holder
or the death of all the joint holders, as the case may be, would become entitled to the Government
security and to payment thereon to the exclusion of all other persons, unless the nomination is varied
or cancelled in the prescribed manner;
(b) where a nomination in respect of a Government security has been made in favour of two or
more nominees and either or any of them is dead, the surviving nominee or nominees, as the case may
be, shall be entitled to the Government security and payment thereon;
(c) where the nominee is a minor, it shall be lawful for the sole holder or all the joint holders of a
Government security, as the case may be, to appoint in the prescribed manner any person in whom the
Government security would be deemed to have vested in the event of death of such holder or joint
holders of the Government security during the minority of the nominee;
(d) the recognition of right and claim of the nominee or nominees to the Government security
held by a sole holder or joint holders, as the case may be, and any payment made by the Government
or the Bank to the nominee or nominees shall constitute a full discharge and shall absolve the
Government or the Bank of its liability in respect of the said Government security.
(2) Any nomination or appointment made under sub-section (1) shall become void if the nominee
predeceases, or where there are two or more nominees, if all the nominees predecease the holder or joint
holders of the Government security making the nomination.
(3) Where the amount due for the time being on a Government security is payable to two or more
nominees and either or any of them dies, the title to the Government security shall vest in the survivor or
survivors of those nominees and the amount for the time being due thereon shall be paid accordingly.
(4) A transfer of a Government security made in accordance with sub-section (2) of section 5 shall
automatically cancel the nomination previously made:
Provided that where a Government security is in the possession of a person either as a pledge or by
way of security for any purpose, such possession shall not have the effect of cancelling the nomination,
but the right of the nominee shall be subject to the right of the person so possessing it.
(5) The Government may, on the recommendation of the Bank, by notification in the Official Gazette,
extend the facility of nomination to any Government security as may be specified therein.
(6) Nothing contained in sub-section (1) shall affect the right or claim which any person may have
against the person whose right and title to a Government security is recognised by the Government or the
Bank or to whom the payment of the amount due on the Government security is made by the Government
or the Bank under sub-section (1).
(7) No notice of any claim of any person, other than the person or persons in whose name a
Government security is held or the nominees thereof, shall be receivable by the Bank or the Government,
nor shall the Bank or the Government be bound by any such notice even though expressly given to it:
Provided that where any decree, order, certificate or other authority from a court of competent
jurisdiction relating to such Government security is produced before the Bank or the Government, the
Bank or the Government shall take due note of such decree, order, certificate or other authority.