Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter VIII : General131. Benefits and service gratuity free from attachment |
| (1) | A right to a benefit to which any person is entitled under this Act, and a right to a gratuity under section 133, shall not be capable of being ceded by the holder thereof, and such a right or any money paid by the commissioner as such a benefit or gratuity to or for the benefit of the person entitled thereto, or any money paid by the commissioner to or for the benefit of any person as a special award or a special allowance under any provision of this Act, shall not be subject to attachment in execution of a judgment or order of a court of law, except at the instance of the commissioner acting under section 104, and if the estate of the holder of such a right or of a person to whom or for whose benefit such money has been paid, is sequestrated as insolvent, the said right or money shall not form part of his insolvent estate. |
[Section 131(1) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (2) | If a person to whom or for whose benefit such a benefit (other than a monthly pension or allowance) or such a gratuity has been paid, has purchased any immovable or movable property, and the purchase price or not less than one-quarter of the purchase price has been paid out of the benefit or gratuity, that property shall not be subject to attachment for a debt (or a novation thereof) which arose before the benefit or gratuity in question was paid to or for the benefit of the judgment debtor. |