Delhi Protection of Interests of Depositors (in Financial Establishments) Act, 2001
No: 10 Dated: Jul, 27 2001
Delhi Protection of Interests of Depositors (in Financial Establishments) Act, 2001
Delhi Act No. 10 of 2001
An Act to protect the interest of depositors (in Financial Establishments) In the National Capital Territory of Delhi
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty Second Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Delhi Protection of Interest of Depositors (In Financial Establishments) Act, 2001
(2) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Assistant Collector" means an officer appointed as such under the Delhi Land Revenue Act, 1954 (Act 12 of 1954).
(b) "Competent Authority" means the Authority appointed under section 5.
(c) "Delhi" means the National Capital Territory of Delhi.
(d) "Deposit" includes and shall be deemed always to have included any receipt of money or acceptance of any valuable commodity by any financial establishment to be returned after a specified period or otherwise, either in cash or in kind or in the form of a specified service with or with out any benefit in the form of interest, bonus, profit or in any other form, but does not include-
(i) amount raised by way of share capital or by way of debenture, bond or any other instrument covered under the guidelines given, and regulations made, by the SEBI, established under the Securities and Exchange Board of India Act, 1992 (15 of 1992);
(ii) amounts contributed as capital by partners of a firm;
(iii) amounts received from a scheduled bank or a co-operative bank or any other banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949, (10 of 1949);
(iv) any amount received from-
(a) the Industrial Development Bank of India.
(b) A State Financial Corporation;
(c) Any financial institution specified in or under section 6 A of the Industrial Development Bank of India Act 1964 (18 of 1964);
(d) Any other institution that may be specified by the Government in this behalf;
(v) Amount received in the ordinary course of business by way of-
(a) security deposits;
(b) dealership deposits;
(c) earnest money;
(d) advanced against order for goods or services;
(vi) any amount received from an individual or a firm or an association of individuals not being a body corporate, registered under any enactment relating to money lending which is for the time being in force in Delhi;
(vii) any amount received by way of subscriptions in respect of a chit:
Explanation I. - "Chit" has the meaning as assigned to it in clause (2) of section 2 of the Madras Chit Fund Act, 1961 (Madras Act 24 of 1961) as extended to the National Capital Territory of Delhi.
Explanation II. - Any Credit given by a seller to a buyer on the sale of any property (whether movable or immovable) shall not be deemed to be a deposit for the purpose of this clause.
(e) "Designated Court" means the Designated Court constituted under section 10;
(f) "Financial establishment" means a person or a group of persons accepting deposit under any scheme or arrangement or in any other manner but does not include a corporation or a corporation or a co-operative society owned or controlled by any State Government or the Central Government or the Government of any Union Territory or a banking company as defined under clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949).
(g) "Government" means the Government of National Capital Territory of Delhi.
(h) "Lieutenant Governor" means the Administrator of the National Capital Territory of Delhi appointed by the President under article 239 AA of the Constitution.
3. Fraudulent default by Financial Establishment. - Any financial establishment, which fraudulently defaults any repayment or deposit on maturity along with any benefit in the form of interest, bonus, profit or in any other form as promised or fraudulently fails to render service as assured against the deposit, every person including the promoter, partner, director, manager, or any other person or an employee responsible for the management of or conducting of the business or affairs of such financial establishments shall, on conviction, be punishable with imprisonment for a term which may extend to six years and with fine which may extend to one lakh rupees and such financial establishment shall also be liable for a fine which may extend to one lakh rupees or where such deposit is quantifiable in terms of money, twice the amount involved in such default, which is more;
Provided that in the absence of special and adequate reasons recorded in the judgement of the Court, the imprisonment shall not be less than six months and the fine shall not be less than twenty thousand rupees as against each individual and not less than one lakh rupees against such financial establishment.
Explanation. - For the purpose of this section, a financial establishment, which commits default in repayment of such deposit with such benefits in the form of interest, bonus, profit or in any other form as promised or fails to render any specified service promised against such deposit, or fails to render any specified service promised against such deposit, or fails to render any specific service agreed against the deposit with an intention of causing wrongful gain to one person or wrongful loss to another person or commits such defaults due to its inability arising out of impracticable or commercially not viable promises made while accepting such deposit or arising out of deployment of money or assets acquired out of the deposits in such a manner as it involves inherent risk in recovering the same which needed, shall be deemed to have committed a default or failed to render the specific service, fraudulently.