Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 2] [Entire Act]

NCT Delhi - Section

Section 2 in The Madras Chit Funds Act, 1961

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)"Administrator" means the administrator for the Union Territory of Delhi;
(1A)"approved bank" means a bank approved by the Administrator;
(2)"chit" means a transaction whether called chit fund, chit, kuri, or by any other name, by which its foreman enters into an agreement with, a number of subscribers that every one of them shall subscribe a certain sum or a certain quantity of grain by instalments for a definite period and that each subscriber in his turn as determined by lot or by auction or by tender or in such other manner as may be provided for in the agreement, shall be entitled to a prize amount;Explanation. - A transaction is not a chit within the meaning of this clause, if in such transaction-
(a)some alone but not all of the subscribers get the prize amount without any liability to pay future subscribers; or
(b)all the subscribers get whole of the chit amount by turns with a liability to pay future subscriptions.
Illustration.-There are 100 subscribers to a chit and the subscription by each of them is Rs. 10. All and subscribers get by turn Rs. 1,000 being the whole of the chit amount and are liable to pay future subscriptions. The transaction falls within Clause (b) of the above Explanation and is not a chit;
(3)"chit agreement" means a document containing the articles of agreement between the foreman and the subscribers relating to the chit;
(4)"chit amount" means the sum total of the subscriptions payable by all the subscribers for any instalment of a chit without any deduction for discount or otherwise;
(5)"defaulting subscriber" means a subscriber who has defaulted in the payment of subscriptions due according to the terms of the chit agreement;
(6)"discount" means the sum of the quantity of grain, which a prized subscriber has under the terms of the chit agreement to forego and which is set apart under the said agreement to meet the expenses of running the chit or for distribution among the subscribers or for both;
(7)"dividend" means the share of a subscriber in the discount available under the chit agreement for rateable distributions among the subscribers at each instalment of the chit;
(8)"drawing" means ascertaining of the persons entitled to the prize amount at any instalment of a chit;
(9)"firm" means a firm registered under the Indian Partnership Act, 1932 (9 of 1932);
(10)"foreman" means the person who under the chit agreement is responsible for the conduct of the chit and includes any other person discharging the functions of the foreman under Section 14:Provided that no firm shall be foreman unless such firm is registered under the Indian Partnership Act, 1932 (9 of 1932);
(11)[Omitted];,
(12)"non-prized subscriber" does not include a subscriber who has defaulted in the payment of subscriptions due according to terms of the chit agreement;
(13)"prize amount" means the difference between the chit amount and the discount and, in the case of a fraction of a ticket of means the difference between the chit amount and the discount proportionate to the fraction of the ticket; and when the prize amount is payable otherwise than in cash, tine value of prize amount shall be the value at the time it becomes payable;
(14)"prized subscriber" means a subscriber who hag either received or is entitled to the prize amount;
(15)"Registrar" means a registrar appointed under sub-section (1) of Section 51;
(16)subscriber" includes a person who holds a fraction of a ticket also a transferor of a ticket or a fraction thereof by assignment in writing or by operation of law; and
(17)"ticket" means the share of a subscriber in a chit.