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Protection of employee’s or member’s interest in execution proceedings and sale under mortgage or charge

Central Provident Fund Act 1953

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) Where —(a)a writ of seizure and sale has been issued in execution of a judgment against an employer or a member and any movable or immovable property or other assets belonging to the employer or member has been seized or sold or otherwise realised pursuant to the execution; and(b)prior to the payment of the proceeds of the sale or other realisation to an execution creditor, notice has been given to the Sheriff or other officer charged with the execution of the writ by the Board that any sum is due to the Fund,no part of the proceeds may be paid to an execution creditor, unless the court issuing the writ has ascertained and provided for the sum due to the Fund at the date of the sale or other realisation.(2) Where —(a)a writ of distress has been issued under the Distress Act 1934 to distrain the property of a tenant who is an employer or a member and any movable property belonging to the employer or member is seized in execution of the writ; and(b)prior to the payment of the proceeds of the sale or other realisation to the landlord entitled to the distraint, notice has been given to the Sheriff or other officer charged with the execution of the writ by the Board that any sum is due to the Fund,no part of the proceeds may be paid to the landlord unless the court issuing the writ has ascertained and provided for the sum due to the Fund at the date of the sale or other realisation. (3) Where —(a)a garnishee order has been issued in execution of a judgment against an employer or a member; and(b)prior to the payment of the amount due or accruing due to the judgment debtor from the garnishee, notice has been given to the garnishee by the Board that any sum is due to the Fund,no amount of the debt sought to be attached under the garnishee order may be paid to the execution creditor unless the court issuing the garnishee order has ascertained and provided for the sum due to the Fund at the date the debt is due to be paid. (4) Where —(a)any interest in any place of employment is being sold on the application of a secured creditor under any written law for the time being in force; and(b)the Board gives notice to the Sheriff or other officer charged with the conduct of the sale that a sum of money is due by the debtor to the Fund,the proceeds of the sale must not be paid to any creditor other than to the Government or a secured creditor unless the court ordering the sale has ascertained and provided for the amount due to the Fund at the date of the sale or unless the court is satisfied that all sums due to the Fund have been paid up to the date of sale.(5) In any distribution of —(a)any proceeds referred to in subsection (1), (2) or (4); or(b)any amount sought to be attached under a garnishee order referred to in subsection (3),any sum due to the Fund under section 7 or 61B(1) is to be paid in priority to any sum due to the Fund under section 61B(1A).(6) For the purposes of this section, any reference to an amount or a sum due to the Fund is to be construed as including a reference to an amount or a sum required by the Board or ordered by a court to be paid, repaid, refunded or transferred to any account maintained for a member of the Fund in respect of the moneys standing to the credit of the member in the Fund.

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