s 68 Protection of employee’s, platform worker’s or member’s interest in enforcement proceedings and sale under mortgage or charge
68.—(1) Where —(a) an enforcement order for seizure and sale of property has been issued to enforce a judgment against an employer, a platform operator or a member and any movable or immovable property or other assets belonging to the employer, platform operator or member has been seized or sold or otherwise realised pursuant to the enforcement; and[Act 30 of 2024 wef 15/12/2024] [Act 25 of 2021 wef 01/04/2022] [S 759/2022] (b) prior to the payment of the proceeds of the sale or other realisation to an enforcement creditor, notice has been given to the Sheriff or other officer charged with the execution of the enforcement order by the Board that any sum is due to the Fund, no part of the proceeds may be paid to an enforcement creditor, unless the court issuing the enforcement order has ascertained and provided for the sum due to the Fund at the date of the sale or other realisation. [Act 25 of 2021 wef 01/04/2022] (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, a platform operator or a member and any movable property belonging to the employer, platform operator or member is seized in execution of the writ; and[Act 30 of 2024 wef 15/12/2024] (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) an enforcement order for attachment of a debt has been issued to enforce a judgment against an employer, a platform operator or a member; and[Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 15/12/2024] (b) prior to the payment of the amount due or accruing due to the judgment debtor from the employer, platform operator or member against whom the enforcement order for attachment of a debt is issued, notice has been given to that employer, platform operator or member by the Board that any sum is due to the Fund, no amount of the debt sought to be attached under the enforcement order for attachment of a debt may be paid to the enforcement creditor unless the court issuing the enforcement order for attachment of a debt has ascertained and provided for the sum due to the Fund at the date the debt is due to be paid. [Act 25 of 2021 wef 01/04/2022] (4) Where —(a) any interest in any place of employment is being sold, or any interest in any place of principal business of a platform operator is being sold, on the application of a secured creditor under any written law for the time being in force; and[Act 30 of 2024 wef 15/12/2024] (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 an enforcement order for attachment of a debt referred to in subsection (3), any sum due to the Fund under section 7, 8A or 61B(1) is to be paid in priority to any sum due to the Fund under section 61B(1A). [Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 15/12/2024] (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.[Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 15/12/2024]