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Chit Funds Act, 1982 Chapter II

Title: Registration of Chits, Commencement and Conduct of Chit Business

State: Central

Year: 1982

.....foreman; (b) his methods of operation; (c) the interests of prospective subscribers; (d) the requirements as to security; and (e) such other factors as the circumstances of the case may require. (3) The amount of discount referred to in clause (f) of sub-section (1) shall not exceed1[forty per cent.] of the chit amount. (4) Where the prized subscriber at any instalment of the chit is required to be determined by auction and more than one person offer the maximum discount, the prized subscriber shall be determined by lot. ______________________ 1. Substituted for the words "thirty per cent" by The Chit Funds (Amdt.) Act, 2001. w.e.e. 01.10.2001 Section 7 - Filing of chit agreement (1) Every chit agreement shall be filed in duplicate by the foreman with Registrar. (2) The Registrar shall retain one copy of the chit agreement and return the duplicate to the foreman with an endorsement that the chit agreement has been registered: Provided that the Registrar may refuse to register the chit agreement on any one or more of the following grounds, namely: (a) that the security offered by the foreman under section 20 is insufficient; (b) that the foreman had.....

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Chit Funds Act, 1982 Chapter X

Title: Winding Up of Chits

State: Central

Year: 1982

.....or (c) if he fails to deposit any amount required to be deposited under any of the provisions of this Act; or (d) if it is proved to the satisfaction of the Registrar that the foreman is unable to pay the amounts due to the subscribers; or (e) if the execution or other process issued on an order passed by the Registrar in favour of any subscriber in respect of amounts due to him from the foreman in relation to the chit business is returned unsatisfied in whole or in part; or (f) if it is proved that there has been a fraud or collusion on the part of the foreman in the matter of taking securities from any prized subscriber; or (g) if the foreman has appropriated the prize amount in his capacity as a subscriber without furnishing sufficient security for future subscriptions; or (h) if the Registrar is satisfied that the affairs of the chit are being conducted in a manner prejudicial to the interests of the subscribers; or (i) if it is just and equitable that the chit should be wound up. Explanation.-For the purpose of clause (d), in determining whether the foreman is unable to pay the amount due to the subscribers, the Registrar shall, take into account his.....

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Chit Funds Act, 1982 Complete Act

Title: Chit Funds Act, 1982

State: Central

Year: 1982

.....Section3 - Act to override other laws, memorandum, articles, etc. Chapter II Section4 - Prohibition of chits not sanctioned or registered under the Act Section5 - Prohibition of invitation for subscription except under certain conditions Section6 - Form of chit agreement Section7 - Filing of chit agreement Section8 - Minimum capital requirements for the commencement, etc., of a chit, and creation of a reserve fund, by a company Section9 - Commencement of chit Section10 - Copies of chit agreement to be given to subscribers Section11 - Use of the words "chit", "chit fund", " chitty or "kuri" Section12 - Prohibition of transacting business other than chit business by a company Section13 - Aggregate amount of chits Section14 - Utilisation of funds Section15 - Alteration of chit agreement Section16 - Date, time and place of conducting chits Section17 - Minutes of proceedings Section18 - Copies of minutes to be filed with Registrar Section19 - Restriction on opening of new place of business Chapter III Section20 - Security to be given by foreman Section21 - Rights of foreman Section22 - Duties of foreman Section23 - Books, records, etc., to be kept by foreman .....

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Chit Funds Act, 1982 Chapter VIII

Title: Termination of Chits

State: Central

Year: 1982

.....the contrary in the chit agreement. Section 41 - Copy of assent or consent to be filed with Registrar A true copy of every assent referred to in section 26 and of every consent referred to in clause (b) of section 40 with their dates shall be filed by the foreman or by the surviving partner or partners, as the case may be, with the Registrar within fourteen days from the date of such assent or consent. Section 42 - Refund of non-prized subscribers's subscriptions Except in the cases referred to in clauses (a) and (b) of section 40,- (a) every non-prized subscriber shall, unless otherwise provided for in this Act or in the chit agreement, be entitled to get back his subscriptions at the termination of the chit without any deduction for dividend, if any, earned by him: Provided that, any person to whom the rights of a non-prized subscriber are transferred in accordance with the provisions of section 35, shall, in addition to his own subscriptions, be entitled to get back the subscriptions paid by such non-prized subscriber, subject to the conditions specified in this section; (b) if a chit terminates on a date earlier than the date originally fixed in the chit.....

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Chit Funds Act, 1982 Section 6

Title: Form of Chit Agreement

State: Central

Year: 1982

.....period of five years from the date of its commencement: Provided that the State Government may permit the duration of a chit up to a period af ten years if it is satisfied that it is necessary so to do, having regard to,- (a) the financial condition of the foreman; (b) his methods of operation; (c) the interests of prospective subscribers; (d) the requirements as to security; and (e) such other factors as the circumstances of the case may require. (3) The amount of discount referred to in clause (f) of sub-section (1) shall not exceed1[forty per cent.] of the chit amount. (4) Where the prized subscriber at any instalment of the chit is required to be determined by auction and more than one person offer the maximum discount, the prized subscriber shall be determined by lot. ______________________ 1. Substituted for the words "thirty per cent" by The Chit Funds (Amdt.) Act, 2001. w.e.e. 01.10.2001

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Prize Chits and Money Circulation Schemes Banning Act 1978 Section 5

Title: Penalty for Other Offences in Connection with Prize Chits or Money Circulation Schemes

State: Central

Year: 1978

.....scheme; or (iii) any such matter descriptive of, or otherwise relating to the prize chit or money circulation scheme, as is calculated to act as an inducement to persons to participate in that prize chit or money circulation scheme or any other prize chit or money circulation scheme; or (d) brings, or invites any person to send, for the purpose of sale or distribution any ticket, coupon or other document for use in a prize chit or money circulation scheme or any advertisement of such prize chit or, money circulation scheme; or (e) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize chit or money circulation scheme; or (f) causes or procures or attempts to procure any person to do any of the abovementioned acts, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees, or with both : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than one year and the fine shall not be less than one.....

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Chit Funds Act, 1982 Section 7

Title: Filing of Chit Agreement

State: Central

Year: 1982

.....and sentenced to imprisonment for any such offence; (c) that the foreman had defaulted in the payment of fees or the filing of any statement or record required to be paid or filed under this Act or had violated any of the provisions of this Act or the rules made thereunder; (d) that the foreman had been convicted of any offence involving moral turpitude and sentenced to imprisonment for any such offence unless a period of five years has elapsed since his release: Provided further that before refusing to register a chit under the first proviso, the foreman shall be given a reasonable opportunity of being heard. (3) Every endorsement made under sub-section (2) shall be conclusive evidence that the chit is duly registered under this Act and the registration of a chit shall lapse if the declaration by the foreman under sub-section (1) of section 9 is not filed within three months from the date of such endorsement or within such further period or periods not exceeding three months in the aggregate as the Registrar may, on application made to him in this behalf, allow.

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Chit Funds Act, 1982 Section 13

Title: Aggregate Amount of Chits

State: Central

Year: 1982

.....at any time exceed ten times the net-owned funds of the company or the co-operative society, as the case may be. Explanation.-For the purposes of this sub-section, "net-owned funds" shall mean the aggregate of the paid-up capital and free reserves as disclosed in the last audited balance-sheet of the company or co-operative society, as reduced by the amount of accumulated balance of loss, deferred revenue, expenditure and other intangible assets, if any, as disclosed in the said balance-sheet. ______________________ 1. Substituted for the words "twenty five thousand" by The Chit Funds (Amdt.) Act, 2001.w.e.f. 01.10.2001 2. Substituted for the words "one lakh" by The Chit Funds (Amdt.) Act, 2001.w.e.f. 01.10.2001

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Chit Funds Act, 1982 Section 39

Title: Provision for Continuation of Chits in Certain Cases

State: Central

Year: 1982

(1) Where a foreman dies or becomes of unsound mind or is otherwise incapacitated, the chit may continue in accordance with the provisions of the chit agreement. (2) Where a foreman is adjudicated as insolvent, or withdraws from the chit under section 26, or fails to conduct the chit at any instalment or on any other date before the next succeeding instalment as may have been agreed upon by a special resolution, any one or more of such subscribers authorised by such resolution may, in the absence of any provision in the chit agreement for the future conduct of the chit, take the place of the foreman and continue the chit or make other arrangements for the further conduct of the chit.

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Chit Funds Act, 1982 Section 40

Title: Termination of Chits

State: Central

Year: 1982

A chit shall be deemed to have terminated,- (a) when the period specified therefor in the chit agreement has expired provided the payment of dues to all the subscribers has been completed; or (b) when all the non-prized and unpaid prized subscribers and the foreman consent in writing to the termination of the chit and a copy of such consent is filed with the Registrar as required under section 41; or (c) where a foreman dies or becomes of unsound mind or is otherwise incapacitated and the chit is not continued in accordance with the provisions of the chit agreement: Provided that, in a case where the foreman is a firm, if a partner thereof dies or becomes of unsound mind or is otherwise incapacitated, the chit shall not be deemed to have terminated and the surviving partner or partners shall conduct the chit in the absence of any provision to the contrary in the chit agreement.

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