Section 4:
Provisions regarding re-payments.
(1) When under the rules of any Government or
Railway Provident Fund the sum standing to the credit of any subscriber or depositor, or the
balance thereof after the making of any deduction authorised by this Act, has become payable,
the officer whose duty is to make the payment shall pay the sum or balance, as the case may
be, to the subscriber or depositor, or, if he is dead, shall--
(a) if the sum or balance, or, any part thereof, vests in a dependant under the
provisions of section 3, pay the same to the dependant or to such person as may be
authorised by law to receive payment on his behalf; or
(b) if the whole sum or balance, as the case may be, does not exceed five thousand
rupees, pay the same, or any part thereof, which is not payable under clause ( a), to any
person nominated to receive it under the rules of the Fund, or, if no person is so nominated,
to any person appearing to him to be otherwise entitled to receive it; or
(c) in the case of any sum or balance, or any part thereof, which is not payable to any person
under clause (a) or clause (b) pay the same,--
(i) to any person nominated to receive it under the rules of the Fund, on production
by such person of probate or letters of administration evidencing the grant to him of
administration to the estate of the deceased or a certificate granted under the Succession
Certificate Act, 1889 1(7 of 1889), or under the Bombay Regulation VIII of 1827,
entitling the holder thereof to receive payment of such sum, balance or part, or
(ii) where no person is so nominated, to any person who produces such probate, letters
or certificate:
Provided that, where the whole or any part of any sum standing to the credit of the
subscriber or depositor has been assigned to any other person before the commencement of this
Act, and notice in writing of the assignment has been received by t he officer from the assignee,
the officer shall, after making any deduction authorised by this Act and any payment due under
clause (a) to or on behalf of the widow or children of the subscriber or depositor--
(i) if the subscriber or depositor or, if he is dead, the person to whom in the absence
of any valid assignment the sum or balance would be payable under this sub -section
gives his consent in writing, pay the sum or part or the balance thereof, as the case may
be, to the assignee, or
(ii) if such consent is not forthcoming, withhold payment of the sum, part or balance, as the
case may be, pending a decision of a competent Civil Court as to the person entitled to receive it.
(2) The making of any payment authorised by sub-section (1) shall be a full discharge to the
Government or the railway administration, as the case may be, from all liability in respect of so
much of the sum standing to the credit of the subscriber or depositor as is equivalent to the
amount so paid.
Notes:
1. See now the Indian Succession Act, 1925 (39 of 1925).