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unregulated deposit act

Girish (student) (72 Points)

26 February 2019

what if i taken loan or deposit before this act.? ( before 21.02.2019)

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7 Replies

Vikash (G) (393 Points)
Replied 26 February 2019

Its only on loan taken or its even apllicable on mortgage loan

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Priya Kashyap (Student) (7053 Points)
Replied 26 February 2019

the unregulated deposit ordinance does not apply to individuals who take loan from family members or else for 🏠, personal or business purposes also.

Kamal Verma (Financial advisor) (582 Points)
Replied 26 February 2019

Relatives for the purpose of this ordinance, monies received from whom not to be treated as deposits.

For the purpose of this ordinance term relative is the same meaning as assign to it in the Companies Act, 2013. As per Companies Act, 2013 relative means anyone who is related to another, if—

(i) they are members of a Hindu Undivided Family;

(ii) they are husband and wife; or

A person shall be deemed to be the relative of another, if he or she is related to another in the following manner, namely: –

(1) Father:

Provided that the term “Father” includes step-father.

(2) Mother:

Provided that the term “Mother” includes the step-mother.

(3) Son:

Provided that the term “Son” includes the step-son.

(4) Son’s wife.

(5) Daughter.

(6) Daughter’s husband.

(7) Brother:

Provided that the term “Brother” includes the step-brother;

(8) Sister:

Provided that the term “Sister” includes the step-sister.

Depositor means any person who makes deposit under this ordinance and it includes

(i) an individual;

(ii) a Hindu Undivided Family;

(iii) a company;

(iv) a trust;

(v) a partnership firm;

(vi) a limited liability partnership;

(vii) an association of persons;

(viii) a co-operative society registered under any law for the time being in force relating to co-operative societies; or

(ix) every artificial juridical person, not falling within any of the preceding sub-clauses;

Priya Kashyap (Student) (7053 Points)
Replied 26 February 2019

@ Kamal Verma what is the gist of this 🤦

Priya Kashyap (Student) (7053 Points)
Replied 26 February 2019

what kind of offences this ordinance covers ?

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Kamal Verma (Financial advisor) (582 Points)
Replied 26 February 2019

Punishment for contravention of section 4.

Any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both.

Punishment for contravention of section 10.

Whoever fails to give the intimation required under sub-section (1) of section 10 or fails to furnish any such statements, information or particulars as required under subsection (2) of that section, shall be punishable with fine which may extend to five lakh rupees.

Cognizance of offences.

Notwithstanding anything contained in section 4, no Designated Court shall take cognizance of an offence punishable under that section except upon a complaint made by the Regulator:

Provided that the provisions of section 4 and this section shall not apply in relation to a deposit taker which is a company.

Offences to be cognizable and non-bailable.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 every offence punishable under this Ordinance, except the offence under section 22 and section 26, shall be cognizable and non-bailable.