Protection against Attachment
The section 10 of the Act provides the Protection Against Attachment, to the amount of contribution from attachment to any Court decree, to the provident fund. The amount could be the standing in the fund of any member’s credit. Also, it states any exempted employee. In a provident fund in any way or condition is capable of getting charged or assigned. Shall not liable to any attachment under any Court decree. In respect of any liability or debt incurred by the current member or the exempted member. Also, neither the appointed under, the presidency insolvency’s official assignee Act, 1909, and nor any receiver under the Provincial Insolvency Act, 1920 appointed. Therefore, they have no entitlement to, or cannot make any claim on any amount.
Any outstanding amount, to the employee’s credit, or in the exempted employee’s fund. In a provident fund at the time of the employee’s death is payable to his nominee under the rules and schemes of the provident fund. Thus, it’s subject to any deduction being authorized by the said rules or scheme. It shall be free from any liability or debt and vest in the nominee. Incurred by the nominee or the deceased before his death or an exempted employee. Therefore, shall not be liable to any attachment by the court’s order or of the court decree.
The exemption power
Under section 17 the appropriate Government authorises to grant exemptions to certain establishments, factories or persons from the operation of the provisions of the Scheme of all or any. Such exemption notification in the Official Gazette grants by subject to such conditions as may be specified therein.
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