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vasu (intern)     11 October 2011

Query regarding provident fund

hello everyone,

my query deals with section 10 of the employement provident fund act which provides protection to the fund against attachment,but what i want to know is whether the protection against attachment is still available after the the employee receivesthe fund  from his employer at the end of his service.Awaiting for a positive response.

Regards ,

Vasu



Learning

 3 Replies

Asha Pole (Legal)     11 October 2011

Protection against attachment means any amount standing to the *credit* of the member/employee, that means the amount is not paid or disbursed by the PF authority, once the amount is credited, it turns out to be cash which is now in the hands of the member & hence the received/ credited amount is no more a part of this section.

Hence protection against attachment is not applicable after the money is received by the member/employee

V. VASUDEVAN (LEGAL COUNSEL)     11 October 2011

Can't understand the query. Why does one need a protection of the fund once he receives the same from the provident fund authorities. Attachment is generaly obtained from the court against a property, and  moniesin in the bank account., after due process of civil proceedings. If one is aware of the civil proceedings. he can take diligent defence to protect himself from any imroper attachment!

N.J. MISHRA (Legal Manager)     12 October 2011

Totally agree with Ms. Asha Pole


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