10Protection against attachment
(1) The amount standing to the credit of any member in the Fund 1[or of any exempted employee in a provident fund] shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member 1[or the exempted employee], and neither the official assignee appointed under the Presidency-towns Insolvency Act, 1909 (3 of 1909), nor any receiver appointed under the Provincial Insolvency Act, 1920 (5 of 1920), shall be entitled to, or have any claim on, any such amount.
2[(2) Any amount standing to the credit of a member in the Fund or of an exempted employee in a provident fund at the time of his death and payable to his nominee under the Scheme or the rules of the provident fund shall, subject to any deduction authorised by the said Scheme or rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member of the exempted employee 3[and shall also not be liable to attachment under any decree or order of any court].
4[(3) The provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under the 5[Pension] Scheme 6[and also in relation to any amount payable under the Insurance Scheme] as they apply in relation to any amount payable out of the Fund.]
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1. Ins. by s. 8, ibid.
2. Subs. by s. 8, ibid., for sub-section (2).
3. Ins. by Act 33 of 1988, s. 15 (w.e.f. 1-8-1988).
4. Ins. by Act 16 of 1971, s. 22 (w.e.f. 23-4-1971).
5. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f.16-11-1995).
6. Ins. by Act 99 of 1976, s. 26 (w.e.f. 1-8-1976).
- 1 Short title, extent and application
- 2 Definitions
- 2A Establishment to include all departments and branches
- 3 Power to apply Act to an establishment which has a common provident fund with another establishmen
- 4 Power to add to Schedule I
- 5 Employees‟ Provident Fund Schemes
- 5A Central Board
- 5AA Executive Committee
- 5B State Board
- 5C Board of Trustees to be body corporate
- 5D Appointment of officers
- 5DD Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds
- 5E Delegation
- 6 Contributions and matters which may be provided for in Schemes
- 6A Employees' Pension Scheme
- 6C Employees' Deposit-linked Insurance Scheme
- 6D Laying of schemes before Parliament
- 7 Modification of Scheme
- 7A Determination of moneys due from employers
- 7B Review of orders passed under section 7A
- 7C Determination of escaped amount
- 7D Tribuna
- 7E [Omitted.]
- 7F [Omitted.]
- 7G [Omitted.]
- 7H [Omitted.]
- 7-I Appeals to Tribunal
- 7J Procedure of Tribunals
- 7K Right of appellant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers
- 7L Orders of Tribunal
- 7M [Omitted.]
- 7N [Omitted.]
- 7-O Deposit of amount due, on filing appeal
- 7P Transfer of certain applications to Tribunals
- 7Q Interest payable by the employer
- 8 Mode of recovery of moneys due from employers
- 8A Recovery of moneys by employers and contractors
- 8B Issue of certificate to the Recovery Officer
- 8C Recovery Officer to whom certificate is to be forwarded
- 8D Validity of certificate and amendment thereof
- 8E Stay of proceedings under certificate and amendment or withdrawal thereof
- 8F Other modes of recovery
- 8G Application of certain provisions of Income-tax Act
- 9 Fund to be recognised under Act 11 of 1922
- 10 Protection against attachment
- 11 Priority of payment of contributions over other debts
- 12 Employer not to reduce wages, etc
- 13 Inspectors
- 14 Penalties
- 14A Offences by companies
- 14AA Enhanced punishment in certain cases after previous conviction
- 14AB Certain offences to be cognizable
- 14AC Cognizance and trial of offences
- 14B Power to recover damages
- 14C Power of court to make orders
- 15 Special provisions relating to existing provident funds
- 16 Act not to apply to certain establishments
- 16A Authorising certain employers to maintain provident fund accounts
- 17 Power to exempt
- 17A Transfer of accounts
- 17AA Act to have effect notwithstanding anything contained in Act 31 of 1956
- 17B Liability in case of transfer of establishment
- 18 Protection of action taken in good faith
- 18A Presiding Officer and other officers to be public servants
- 19 Delegation of powers
- 20 Power of Central Government to give directions
- 21 Power to make rules
- 22 Power to remove difficulties