10. Protection against attachment.

(1)  amount standing to the credit of any member in 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 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 or of 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 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.]

Notes:

1.   Inserted by s. 8, ibid.

2.   Substituted by s. 8, ibid., for sub-section (2).

3.  Inserted by Act 33 of 1988, s. 15 (w.e.f. 1-8-1988).

4.   Inserted by Act 16 of 1971, s. 22 (w.e.f. 23-4-1971).

5.   Substituted by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f.16-11-1995).

6.  Inserted by Act 99 of 1976, s. 26 (w.e.f. 1-8-1976).