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Section 8: Protection against attachment

The Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948Central Act · Act 46 of 1948

(1) The amount of provident fund standing to the credit of any member in the 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 and neither the Official Assignee 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) Any amount standing to the credit of any member in the Fund at the time of his death and payable to his nominee under the Coal Mines Provident Fund Scheme shall, subject to any deduction authorized by the said scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or incurred by the nominee before the death of the member.

[(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 Coal Mines Family Pension Scheme [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.]

Where this provision sits

ActThe Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948
Section8
Marginal noteProtection against attachment
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 16 of 1971. . Ins. by Act 16 of 1971, s. 10 (w.e.f. 13-2-1971).
  • inserted, Act 99 of 1976. . Ins. by Act 99 of 1976, s. 11 (w.e.f. 1-8-1976)

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