State of Andhra Pradesh - Act
Andhra Pradesh Chit Funds Rules, 2008
ANDHRA PRADESH
India
India
Andhra Pradesh Chit Funds Rules, 2008
Rule ANDHRA-PRADESH-CHIT-FUNDS-RULES-2008 of 2008
- Published on 3 December 2008
- Commenced on 3 December 2008
- [This is the version of this document from 3 December 2008.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1.
Short title:- (i) These rules may be called the Andhra Pradesh Chit Funds Rules, 2008.2. Definitions:
- In these rules, unless the context otherwise requires,Chapter II
Registration
3. Application for obtaining previous sanction for commencement or conduct of Chit:
- Every application for obtaining previous sanction of the State Government or the officer empowered by it in this behalf, for commencement or conduct of a chit shall be made, by the foreman in Form-I. The State Government or the Officer empowered may issue the order of previous sanction in Form -- 1B.4. Communication of the refusal to sanction commencement or conduct of a chit:
5. Application for registration of Chit:
- Every application for the registration of a chit to be made by the foreman to the Registrar shall be in Form-H.6. Endorsement of registration of a Chit:
- The endorsement of registration of a chit agreement to be issued by the Registrar shall be in Form-III.7. Registration Number of Chit:
- Every chit registered under the Act shall be numbered serially by the Registrar in separate series for each calendar year.8. Communication of the refusal to register a Chit:
9. Application for appropriation of any sum from Reserve Fund:
- Every application for obtaining prior approval of the Registrar for appropriation by a company of any sum from the reserve fund shall be in Form IV.10. Declaration to be filed about subscriptions to all tickets of a Chit:
- Every declaration to be filed by a foreman after all tickets in a chit specified in the chit agreement have been fully subscribed shall be in Form V.11. Form of Certificate of commencement of Chit:
- The certificate of commencement of a chit to be granted to the foreman shall be in Form VI.12. Form of certificate about furnishing a copy of the chit agreement to the subscribers of a chit:
13. Form of Chit agreement:
- The Chit agreement of every chit started under the Act shall, as far as may be, conform to the proforma set forth in Form VIII.14. Registration of alteration, addition or omission of Chit agreement:
(1) No alteration, addition or omission of any provision in the chit agreement shall have effect unless such alteration or addition or omission, as the case may be, is registered. If the foreman makes any alteration or addition or omission of any provision in the Chit agreement, he shall submit such alteration or addition or omission in duplicate to the Registrar duly signed and attested by at least two witnesses along with the application for registration of such alteration or addition or omission, as the case may be, of the Chit agreement.15. Date of effect of alteration or addition or omission of any provision in the chit agreement:
- An alteration of or addition to or omission of any provision in the chit agreement shall not take effect from a date earlier than the date of such registration of the alteration or addition or omission as the case may be, unless otherwise ordered by the Registrar; Provided that the Registrar shall not give effect to the alteration or addition or omission from a date earlier than the date of application for registration of the alteration or addition or omission of any provision in the chit agreement, as the case may be.16. Form of Notice to chit subscriber and communication of details of auction/draw held:
17.
Chapter III
18. Procedure in the case of security given by the foreman:
19. Valuation of chit amount in grain chits:
- In a grain chit, for the purpose of security under Section 20, the grain shall be valued by the Registrar as follows:20. Substitution of security:
21. Release of original security in the case of substitutions:
22. Application for release of security:
- On termination of chit the foreman may apply to the Registrar for the release of the security given by him.23. Declaration by foreman:
- The application for release of security under sub-section (5) of section 20 shall contain a declaration separately signed by the foreman stating that the claims of all the subscribers have been fully satisfied and that all dues payable by the foreman under the Act to the Registrar or any other Officer have been fully paid.24. Procedure for release of security:
25. Books of Accounts to be maintained by the foreman:
- In addition to the book of minutes of draws mentioned in section 17, every foreman shall keep the following registers and books of accounts in the Forms mentioned, against each or in the Forms as near thereto as possible either in manual form or electronic form. If maintained in electronic form, the hard copies of the same shall be taken and attested by the foreman as true copy.I. Register of subscribers in Form XIII;II. A ledger in Form XIV;III. A Day book in Form XV;IV. Receipt Book in Form XVI, duly certified by the foreman as to the number of pages in duplicateV. A book containing copies of all notices issued by the foreman to the subscribers;VI. A file containing the letters of authorization of the subscribers, for subscribing his name in the chit agreement and for participating in the auction of the chit;VII. A file containing the vouchers for payment made by the foreman;VIII. A file containing documents relating to securities offered by the prized subscribers.26. Accounts to be written up promptly:
27. Filing of vouchers:
- As soon as each payment is made, the foreman shall obtain a voucher from the payee. He shall verify whether the voucher specifies the purpose for which the payment was received and whether it is properly signed by the recipient and preserve it in the Tile mentioned in clause (VII) of rule 25 after assigning a serial number thereto for each calendar month.28. Date for submission of Balance sheet:
29. Audit by a Chit Auditor:
30. Audit certificate and report of the chit auditor to be in quadruplicate:
- The chit auditor shall prepare his report and audit certificate in quadruplicate and shall send two copies to the foreman so that he can keep one copy with him and file the other copy under rule 31. I-Ic shall furnish the third copy to the Registrar and keep the remaining copy for his own file.31. Time for filing balance sheets audited by a chit auditor or other auditors:
Chapter IV
Winding up of Chits
32. Form of petition for winding up and presentation:
- A petition for winding up of a chit shall contain the following particulars, namely:33. Proposals for collection and distribution of chit assets:
34. Set-off to be allowed:
- When money is due from the foreman to a subscriber and also from the subscriber to the foreman, the subscriber be allowed the benefit of set-off.35. Hearing of objections to the provisional statement:
- On the date fixed for the hearing of the objections under sub-rule (2) of rule 33, the Registrar shall enquire into the objections and after considering the evidence, if any adduced in support thereof pass, orders on the objections and call upon the receiver to revise, if necessary, the provisional statement in accordance with his orders. The Registrar shall fix a date by which revision is to be made and intimate orally or in writing such date to the persons who have appeared in person or through their advocates on the date of the hearing.36. Final orders of settlement by Registrar:
(1) As soon as possible thereafter and at least ten days before the date fixed under rule 35, the Receiver shall submit to the Registrar a fresh list of subscribers or other persons to whom or from whom moneys are due and fresh proposals for the distribution of the available chit assets after making such further enquiry as may be necessary. The Registrar shall thereupon consider the said list and proposals and approve or modify them in such manner as he considers necessary. The Registrar shall pass final orders accordingly on the date fixed under Rule 35 for the collection and distribution of the Chit assets. The Registrar may also pass such orders as may be necessary for the distribution of the available chit assets in case such assets happen to be insufficient to meet the sums which have to be paid to the subscribers.37. Provision for expenses of winding up:
- In making proposals for the distribution of the chit assets, the Receiver shall specify the estimated amount of the cost of winding up including remuneration for the Receiver and such other items of expenditure as are incidental to the winding up and such estimated amount shall first be provided for and deducted from the value of the chit assets and the balance amount shall also be proposed for distribution in the provisional statement and the fresh list mentioned in rule 36.38. Filing of Final accounts by Receiver:
39. Final order of winding up by the Registrar:
40. Disposal of Records:
- The Books and papers of a chit which has been completely wound up and of the Receiver shall be retained and disposed of in such manner as the Registrar may direct.41. Meetings:
- When the number of subscribers is large and the Registrar, whether on an application of the Receiver or not, at any stage considers that a meting of all such parties is necessary in order to ascertain their wishes in any matter, the Registrar may pass an order for holding such a meeting. The Registrar may direct the manner in which and the time and place at which the meeting shall be held and the Receiver shall convene and hold the meeting accordingly.Chapter V
Fees
42. Table of Fees:
- The fees payable to the Registrar for matters specified in section 62 and section 63 of the Chit Fund Act, 1982 shall be as set out in Appendix-II and shall be paid in cash.43. Receipt for fees:
- The Registrar shall grant receipts for all fees received by him.44. Refund of fees:
- The Registrar may refund any fee paid to him in excess of the amount prescribed or any fee that is unearned.Explanation: The expression "fee that is unearned" in this rule means fees paid in connection with the registration of the chit agreement, the filing of a document or other service to be performed by the Registrar where such registration or filing is not actually effected or the service is not actually rendered.Chapter VI
Disputes and Arbitration
45. Reference of dispute:
- A reference of a dispute under section 64 of the Chit Fund Act, 1982 shall be made in writing to the Registrar in Form XVII. Wherever necessary, the Registrar may require the party referring the dispute to him to produce a certified copy of the relevant records on which the dispute is based and such other statements or records as may be required by him before proceeding with the consideration of such reference.46. Registrar's satisfaction regarding existence of a dispute:
- Where any reference of a dispute is made to the Registrar or any matter is brought to his notice, the Registrar shall, on the basis of the reference (if any) made to him in Form XVII and the relevant records and statements submitted to him, record his decision together with the reasons therefor, whether he is or is not satisfied about the existence of a dispute within the meaning of section 64 of the Chit Fund Act, 1982. Such recording of decision shall be sufficient proof of the Registrar's satisfaction whether the matter is or is not a dispute, as the case may be.47. Disposal of a dispute or reference to a nominee:
48. Qualifications for appointment as Registrar's nominees:
49. Procedure for hearing and decision of disputes:
50. Summons, notices, and fixing of dates, place etc., in connection with the disputes:
51. Investigation of claims and objections against any attachment:
- Where any claim or objection has been preferred against the attachment of any property under section 68 of the said Act, on the ground that such property is not liable to such attachment, the Registrar, or his nominee, as the case may be, shall investigate into the claim or objection and dispose it of on merits.Provided that, no such investigation shall be made if the Registrar or his nominee considers that the claim or objection is frivolous.52. Procedure for the custody of property attached under Section 68 of the said Act, 1982:
53. Procedure for attachment and sale of property for realization of any security given by person in course of execution proceedings:
- The procedure laid down in rules 51 and 52 shall mutatis mutandis apply for attachment and sale of property for the realization of any security given by a person in the course of execution proceedings.54. Issue of proclamation prohibiting private transfer of property:
- The Registrar when acting under clause (a) of section 71 of the said Act, 1982 shall, at the time of signing a certificate affecting any property, issue a proclamation in Form XVIII and in the case of immovable property shall also forward a copy of the proclamation to the Mandal Revenue Officer/Tahsildar or any other revenue officer within whose jurisdiction the property is situated, who shall cause an entry about such certificate to be made in the Record of Rights.55. Procedure for execution of awards:
56. Transfer of property which cannot be sold:
57. Payment of fees for decisions of disputes:
| Proper Court Fee (Rs.) | ||
| (i) | Vakalatnama | 2.00 |
| (ii) | Application for adjournment | 10.00 |
| (iii) | Application for interim stay or relief | 25.00 |
Chapter VII
Miscellaneous
58. Appeal to be in writing:
59. Hearing and disposal of appeal:
60. Period of retention of records by the Registrar:
- The records of a chit including registers and books of account shall be preserved in the Office of the Registrar for eight years,61. Register of Records kept:
- Every Registrar shall keep a separate register in which shall be entered particulars of all records relating to chits registered in his office.62. Compounding of offences arising under the Act:
63.
the rate of interest payable by a defaulting subscriber in pursuance of the proviso to sub-section (1) of section 28 of the said Act shall not exceed twelve percent per annum.64. Delegation of duties of the Registrar of Chits:
- The Registrar of Chits may delegate all or any of the duties vested in him under the said Act to Officers notified under sub-section (1) of section 61 of the said Act.65. Registers, records, books and periodicals to be maintained by the authorities under Chit Funds Act, 1982:
- The Registrar, to achieve uniformity all over the State, may prescribe from time to time the proformas for various registers, records, books and periodicals and the authorities under the Act shall scrupulously maintain these as prescribed.Appendix IForm I(See section 4(2) and rule 3)Form of Application to be used by A Foreman for Obtaining Previous Sanction to Commence or Conduct A ChitFromPlace:Date:ToThe Principal Secretary to the Govt.of(The Authorised officer by designation)Sir,I........Son/Wife/Daughter..........(here state profession or occupation) residing at........I/We, the Chairman and Secretary respectively *Insert the designation as may be appropriate to the applicant. on behalf of (name of the firm, Company, Corporation, Coop-Society etc.) situated at having its registered office at..........desire to commence and conduct a chit as foreman at (here specify the place with postal address in detail). Full particulars in this regard are given in the Annexure hereto.2. A certified true copy of the resolution passed by the Managing Committee/Board of Directors at its meeting held on the............for commencing and conducting the chit in question is enclosed.
3. I/We remit herewith a sum of Rs..........(Rupees in words).........only) being the fees prescribed for the purpose.
4. I/We hereby certify that the aggregate chit amount of the chits run by me/us is Rs........(Rupees.......only) on the date of this application and does not exceed the aggregate chit amount prescribed by Section 13 of the Chit Funds Act, 1982 (Central Act No. 40 of 1982).
5. I/We request you to accord your sanction for commencing and conducting the Chit. On receipt of such sanction further steps for registration etc., of the chit will be taken.
6. We further undertake in register the chit within 12 months from the date of sanction by the State Government as per section 4(1) of the Chit Funds Act, 1982.
We have read the provisions of the Chit Fund Act, 1982 (Central Chit Fund Act No. 40 of 1982) and the Rules framed thereunder and agree to abide by the same in the conduct of the chit business.Yours faithfully,Chairman :Secretary :End: Sheetsfor or on behalf ofStrike out or delete whatever is not applicable.@ Here enter the name of the applicant institution, if any.AnnexureStatement of Particulars1. Name and address of the company association of individuals/coop. Society, partnership/sole proprietorship (address of the registered as well as the Head Office/administrative office, if any, should be given).
2. Constitution i.e., whether incorporated as company/co-op. Society or registered/unregistered association of individuals/partnership/sole proprietorship (also specify the provision of the Act under which incorporated/registered along with the date of incorporation/registration.
3. Name and addresses of the branches/ Offices if any.
4. Main objects of the institution (enclose a copy of the memorandum and Articles of Association or as the case may be of the Bye laws or rules regulating the activities of the institution).
5. Names, occupations and residential address of the directors or as the case may be, of the promoters/members of the committee of management/partners etc.
6. Name and residential address of the Chief Executive Officer and two other officers immediately next to him, in the managerial setup.
7. Names of the Bankers and their addresses.
8. Names of the auditors and their addresses.
9. Particulars of the chit(s) to be started (such as the chit amounts, duration of the chit, frequency of the draws, manner of draws, etc, also attach a copy of the draft of the chit agreement to be entered into with the subscribers).
10. Places where the chit scheme(s) are proposed to be conducted.
11. Names and addresses of the associates companies/cooperative societies/associations of individuals/partnerships/sole proprietor ships.
12. Names,occupations and residential addresses of the directors or as the case may be of the promoters/members of the committee of management etc, of the institutions referred to in item 11
I/We *Here enter the name of the applicant institution, if any, strike out whatever is not applicable. solemnly declare that the facts stated herein as also in the enclosures are true in the best of my/our knowledge, information and belief.Dated this......day of.......200......... at.........Name (s).........Signature (s)Designation (s)For and behalf of.....................Note: (1) If the space against any items is inadequate for furnishing full particulars, the required information should he given in separate sheets indicating the cross reference against the relative item of this statement.2. Strike out or delete whatever is not applicable insert the designation(s) as may be appropriate to the applicant.
Form III(See section 7(2) and rule 6)Endorsement of RegistrationI hereby certify that the chit agreement relating to the chit proposed to be conducted by .......... (the name and address of the foreman should be filled in here) as a foreman has this ........ day of ......... 2008 been registered by me under sub-section(2) of section 7 of the Chit Funds Act, 1982 (Central Act No. 40 of 1982) as Chit No. ......... of 2008 at ..........Given under my hand and seal this .......... day of .......... 2008 at .........Date:Signature of Registrar2. We enclose for your information a copy each of the profit and loss account and the balance sheet for the last two accounting years as also a proforma of the balance sheet and profit and loss account for the current year ended .... 200 ...... A true copy of the resolution passed by the managing Committee/Board of Directors on the ......... for appropriation of the said sum from the reserve fund is also enclosed. We shall be glad to furnish such further information as may be required by you.
3. We remit herewith a sum of Rs ........ (Rupees .......... only) being the fees prescribed for the purpose.
4. We shall be glad if you will kindly grant us permission to withdraw a sum of ....... from the reserve fund.
Yours faithfully,ChairmanSecretary*(for and on behalf of Company)*enter the name of the applicant/company.Form IV A(See section 8(4) rule 9)Form of Reply to the Foreman for Compliance of His Request Filed in Form IVFromOffice of The Registrar of ChitsToThe Foreman, .............I, hereby acknowledge the receipt of Form of application filed by you (Foreman) .............. for grant of permission to withdraw a sum of Rs. ......... (Rupees in words) from the reserve fund.A sum of Rs. ............. (Rupees in words) is in credit in your reserve fund account. Your request can be complied with for the circumstances stated in your application under which withdrawal from the reserve fund has become necessary and permission will be accorded in From IV on .........Your request cannot be complied with for the reasons for ......... (Reasons for refusal should be mentioned). An appeal U/s ........ lies with .......... within 30 days from the date of receipt of this order.2. I/We have subsequently enlisted the required number of members and we hereby declare in terms of sub-section(1) of section 9 of the Chit Funds Act, 1982 (Central Act No. 40 of 1982) that all the tickets specified in the chit agreement have been fully subscribed.
3. I/We remit herewith a sum of Rs .......... (Rupees in words only) being the fees prescribed for the purpose of filing this declaration.
Yours faithfully,ChairmanSecretaryfor and on behalf of (Foreman)Strike out or delete whatever is not applicable insert such designation(s) as may be appropriate to the applicant.Form - VI(See section 9(2) and rule 11)Certificate Of Commencement Of ChitPlace :Date :Office of the Registrar of Chits. .............I hereby certify that *Here enter the name of the foreman. ........... is entitled to commence and conduct the chit @Here mention the chit amount and duration etc, of the chit(s). ......... the chit agreement in respect of which was registered in my office as Chit No ........ of 200 ....... Given under my hand and seal, this ......... day of ......... 200 ..... at ..........Signature of Registrar1. Office where the chit is registered.
2. Year and Registered No. Year No
3. Full name and address of foreman
4. Occupation (if applicable)
5. Age (if applicable)
| I. | Chit amount and No of tickets. | ||
| 1. | No of tickets or fraction thereof | Full | |
| Held by each subscriber | 3/4 | ||
| 1/2 | |||
| 1/4 | |||
| 1/8 | |||
| 2. | No. of instalments and amount payable for each ticket atevery instalment | No. | Amount |
| Rs. | |||
| 3. | Chit amount | Rs. |
1. Date of 1st instalment.
2. Dates of subsequent instalments.
3. Date of termination.
4. Duration of the chit. Years months
III. The place, time and probable date when the chit is to be commenced.1. Place (give full particulars)
2. Probable date
3. Time of commencement of the proceedings.
IV. Particulars of security given or deposited by foreman.1. Under section 20 of the Act, the following security sufficient to the satisfaction of the Registrar of Chits, the particulars of which are described below, has been given for the proper conduct of the chit:-
(Here enter description of security such as cash, Government security (immovable property) etc., (in case immovable property has been charged, its particulars such as its description/location/market value etc., should be given).2. No. and date of the certificate of Registrar of Chits regarding, the sufficiency of security, if obtained.
3. The foreman shall not get release of the security in full until all the liabilities under the chit are discharged.
V. Mode of conducting the chit.The foreman shall exhibit a list of non-prized subscribers before every auction.1. The subscriber who is to get the prize at any instalment shall be determined by lost or by auction at the time and place specified in Article III.
(Here specify the smallest fraction of a ticket the prize for which will be determined by lot or by auction, and the time allowed for each purpose).2. Where the prize is to be determined by auction, a ticket or fraction thereof shall be auctioned for a sum not less that the chit amount minus foreman's commission, and the subscriber who bids for the highest discount not exceeding 40% of the total amount of the chit shall be entitled to have it confirmed in his name.
Note: Where a fraction of a ticket is auctioned, the subscriber who bids it for the highest discount is entitled to have confirmed in his name at the same rate as many such fractions as he wished to bid.3. In case where the subscribers are not be prepared to bid any ticket or fraction thereof or where the discount is not sufficient to meet the foreman's commission, the subscriber who is entitled to the prize amount shall be determined by lot. The subscriber so determined shall be deemed to be the prized subscriber who shall be entitled to the chit amount for his ticket less foreman's commission for that ticket.
4. A defaulter-subscriber shall not be entitled to take part in the proceedings.
5. If for any reason the subscriber is unable to take part in the proceedings, he may in writing authorize an agent in that behalf. Such agent shall have all the rights and privileges of a subscriber of such proceedings.
VI. Mode of payment of each instalment:1. Every subscriber shall on the date of each instalment pay in the foreman the amount due for his ticket for each such instalment and get a receipt in that behalf from the foreman.
2. In the case of the prized subscriber, if the amount due from him for a particular instalment is not paid on the date of that instalment, it shall be paid within (here mention weeks or months) with interest at (here specify the rate) failing which it shall be competent for the foreman to realize from the ....... defaulter in a lump sum all the future subscriptions due from him together with the interest due thereon and other incidental expenses.
3. In the case of a non-prized subscriber, if the amount due from him for a particular instalment is not paid on the date of that instalment, it shall be paid within (here mentioned week or months) with interest at (here specify the rate) failing which it shall be open to the foreman to remove him from the list of subscribers and have another person substituted for such defaulter subscriber. The foreman shall duly inform the defaulter subscriber of the action taken against him.
Note: Under clauses (2) and (3), the period within which the amount shall be paid and the rate at which interest due thereon shall be paid may be such as shall not be inconsistent with the provisions of the Act or any law for the time being in force.4. A non-prized defaulting subscriber shall be entitled to the amount paid by him and the discount due to him on his executing an acknowledgement in writing at the time the substituted subscriber draws the prize amount of the defaulter subscriber fails to obtain the amount due to him, the foreman shall deposit the same in the approved bank. If the foreman fails to pay such subscriber, the amount so due to him on the due date, it shall be competent for such subscriber to realize such amount with interest permissible under the law for the time being in force.
VII. Procedure for receiving the prize amount by a prized subscriber.1. A prized subscriber or his nominee shall receive from the foreman the prize amount within (here specify the period) after furnishing to the satisfaction of the foreman sufficient security, for the payment of future subscriptions.
2. In case the prized subscriber or his nominee fails to receive the prize amount after furnishing sufficient security the foreman shall deposit the amount in the approved bank and inform the prized subscriber of that fact.
3. In case the amount so deposited is not sufficient for the payment of future subscriptions, it shall be competent to the foreman to realize from such prized subscriber such amount as may be deficient together with the interest due thereon and all other incidental charges.
4. In case there remains any portion of the amount deposited after paying the future subscriptions and other charges such portion shall be payable by the foreman to the prized subscriber after the termination of the chit, failing which it shall be competent for the prized subscriber or his nominee to realize from the foreman such portion as remains together with the interest due thereon from the date of termination of the chit.
5. If at any time after the prize amount is deposited in an approved bank, the prized subscriber of his nominee furnishes sufficient security, the foreman shall withdraw the amount so deposited and pay it to the prized subscriber or his nominee after deducting there from the amount due from him for the payment of the instalment prior to the date on which the security is furnished.
6. If the foreman fails to pay the prize amount to the prized subscriber or his nominee furnishing sufficient security, it shall be competent for such subscriber or his nominee to realize from the foreman the prize amount together with interest due thereon from the date of furnishing such security.
VIII. Disbursement of DiscountThe discount for every ticket auctioned shall be distributed equally between the prized and non-prized subscribers after deducting there from the foremen's commission.IX. Foreman's Commission and the instalment at which the foreman is to get the prize.1. (Here specify the date. and number of instalment at which the foreman is to get the prize) First and the last instalment not being subject to auction, the subscribers shall be liable to pay the full amount of their tickets.
2. Here specify the rate per cent of foreman's commission and the total amount of commission chargeable on the chit amount.
Note: Any other amount agreed to by the subscribers for any other purpose may also be specified here.X. Transfer how to be effected1. It shall not be competent to any subscriber to transfer his rights in a chit except with the consent in writing of the foreman provided that no such consent shall be necessary in the case of transfer by a subscriber whose name has been removed by the foreman from the list of subscribers for default of payment of subscriptions. The transferee (whether he is already a subscriber or not) shall be entitled to no more rights than the transferrer had in the chit in respect of the ticket or fraction thereof transferred.
2. No transfer of the rights of a foreman to receive subscriptions from the prized subscribers shall be made without the previous sanction in writing of the Registrar of Chits. Any such transfer shall, if it defects or delays a non-prized subscriber, be avoidable at the instance of such subscriber.
XI. Balance sheet and subscribers right to examine Chit Records:1. On termination of a chit, the foreman shall prepare the balance sheet containing a summary of the assets and liabilities of the chit and giving such particulars as will disclose the nature of the assets and liabilities an how the value of the assets has been arrived at. Such balance sheet shall be made available for auditing by the auditors specified in Rule 29 and a certificate or such auditing shall be received by the foreman and kept by him.
2. The foreman shall make available for examination by the subscribers all the chit records between (here specify the time) on all the dates of the draw.
XII. Banks where chit money may be deposited (Here specify the approved bank(s) the foreman proposes to deposit chit money).XIII. Miscellaneous:1. The subscriber who gets his prize at the last instalment shall be entitled to the chit amount less the foreman's commission. The foreman shall pay up such amount within (here specify the period) from the normal date of last draw or last instalment failing which the prized subscriber shall be competent to realize the amount from the foreman together with the interest due thereon the date aforesaid.
2. Any amount due to the foeman from any subscriber on account of the chit shall be a first charge on the subscriptions paid by such subscriber. Similarly, the security and all chit money deposited by the foreman shall be liable for discharging any amount due from the foreman to the subscribers.
3. Receipts shall be granted for all payments by the foreman to the subscribers or by the subscribers to the foreman duly affixing the Revenue Stamp required as per Article 51 of schedule 1 of the Indian Stamp Act, 1899.
4. The chit amount shall in no case be enhanced, but if necessary, it may be reduced.
5. If all the non-prized and un-paid prized subscribers give consent in writing for making any alteration in the chit agreement not in consistent with the provisions of the Act and the Rules made there under the foreman shall convene the meeting for that purpose.
6. If for any default of the foreman the conduct of the chit is not continued, the foremen shall pay to the non-prized subscribers their contributions including dividend within (here specify the period) failing which it shall be competent for such subscribers to realize the amount together with the interest due thereon from the foreman or from all or any of the following assets.
7. In case the foreman holds tickets as an ordinary subscriber in addition to the ticket of which he is entitled to the prize without deduction of the discount, he shall not have any more rights, or privileges than the other subscribers have in the chit. When the foreman bids such tickets he shall furnish sufficient security for the payment of future subscriptions as required by the Act and the Rules made thereunder.
8. If before the termination of the chit, the foreman dies or otherwise becomes unable to conduct the chit,
a. here specify the arrangements made for the conduct of the chit.b. In such a case one or more of the non-prized subscribers authorized by a special resolution may, in the absence of any provision in this Chit Agreement for the future conduct of the chit, take the place of the foreman and have the right to continue the chit on to make suitable arrangements for the future conduct of the chit.9. Here specify any other provisions that may be agreed to such as payment of interest or penalty, if any payable or any default in the payment of stipulated instalments etc.,
10. The subscribers who have affixed there signatures hereunder agreed to the above Articles.
| Sl. No. | Name and full address of subscriber | No. of tickets taken | Subscribers signature and date | Name,Signature and address of witness |
| 1 | 2 | 3 | 4 | 5 |
11. The total number of subscribers should be limited to the total number of drawn/auctions that have been agreed to and each subscriber shall be entitled to the number of chits held by him, in each chit.
Form IX(See section 16 and rule 16)Notice to subscribers of Chit Number ............ of 200 .......Sir,This is to inform you that the .......... draw in monthly/quarterly/half yearly/yearly chit No ......... 200.... in which you are one of the subscribers will be held on ......... day ......... (month) ............. 200 ...... at A.M/P.M at ......... (address) ............ be present at the draw in person or by your duly authorized agent.Yours faithfully,Secretaryfor and on behalf of (foreman)Strike out or delete whatever is not applicable. Insert such designation(s) as may be appropriate.FormXApplication for Permission to Furnish Security for Conducting the ChitToThe Registrar of Chits,Dear Sir,I/We propose to give the under-noted security in respect of the chit proposed to be started by me/us, the certificate for commencement of which was granted by you on ........ (vide No ...... dated .......... ) other particulars are also given below.1. Name & Address of the Applicant
2. Age and occupation
3. Chit amount
4. Details of cash/Government Security/any other movable security/ offered as security
5. Details of immovable properties, offered as security :
1.
_________District________Sub-districtTalukVillageSy.NoArea etc.2.
_________DistrictSub-districtTalukVillageSy.No.Area etc.6. Rights of the applicant over the property :
7. Market value of the property:
8. Details of prior encumbrances if any, on the property:
9. Movable (and immovable) properties belonging solely to the applicant (to be shown separately)
10. Whether the applicant has any debt and if so, the amount of such debt.
11. Whether the applicant has conducted any chit before and if so, whether there is any subsisting liability under the same.
I am/we are appending herewith:1. Name of foreman.
2. Age & occupation if the foreman is not a firm or a company.
3. The office in which the chit agreement of the chit has been registered and the number and year of registration.
4. Chit amount.
5. Details of the original security given.
6. Whether the applicant has any debt and if so, the amount of any such debt and to whom they are due.
7. Details of Government security/other securities offered as substituted security.
I/We hereby declare that the information and particulars furnished herein are true and correct to the best of my/our knowledge, information and belief.Yours faithfullyChairmanSecretaryfor and on behalf ofStrike out/delete whatever is not applicable. Insert the designation(s) as may be appropriate to the applicant.Decision of the Registrar| S. No. according to chit agreement | Name and full address of the subscriber | Date of signing the chit agreement | Date of receipt of the copy of the chit agreement by thesubscriber | Chit Subscriber | |
| No. of tickets | Amount | ||||
| 1 | 2 | 3 | 4 | 5 | 6 |
| Name and address of the assigned | Date of assignment | No. and fraction of tickets | Amount (Rs.) | Date on which the Foreman recognized the assignment |
| 7 | 8 | 9 | 10 | 11 |
| Reason for the removal of subscriber | Date of removal | Name & address of the substituted subscriber | Date of substitution | Number & fraction of ticket | amount | Date of intimation of the substitution to the removedsubscriber | Remarks |
| 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| Date | Number of instalment | On what account received or paid by the foreman | Amount of subscription for each instalment | Divided due to the subscriber for each instalment |
| 1 | 2 | 3 | 4(Rs.) | 5(Rs.) |
| Amount paid by the subscriber | Amount received back by subscriber | General number in the Day Book | Signature of the | Remarks | ||
| Share amount | Interest | Subscriber | Foreman | |||
| 6Rs. | 7Rs. | 8 | 9 | 10 | 11 | 12 |
| Date | General Number | On what account received or paid | Receipts | ||||
| Subscription | Interest | Withdrawal for Bank | Other Items | Total Receipts | |||
| 1 | 2 | 3 | 4 | 5Rs. | 6Rs. | 7Rs. | 8Rs. |
| Reference to receipt in the receipt book | Expenditure | ||||||
| Amount paid to subscriber | Foreman's commission | Deposits in the bank | Other items | Total Expenditure | |||
| 9 | 10Rs. | 11Rs. | 12Rs. | 13Rs. | 14Rs. |
| Balance | Reference to the page number of the voucher in the files ofvouchers | Signature of Foreman | Remarks |
| 15Rs. | 16 | 17 | 18 |
1. The balance should be struck in column (15) at the close of each day. The monthly total of receipts and expenditure shall be struck at the end of each month.
2. In column (2) each transaction shall be assigned a serial number. There shall be one separate set of serial numbers for each calendar year.
3. If any amount is received from or paid to more than one subscriber at a time the amount paid to or received from each subscriber should be entered as a separate item.
4. If more than one amount is received from or paid to the subscriber at a time each amount paid to or received from the subscriber should be entered as separate item.
Form XVI(See section 23 and rule 25)Original| Duplicate | Receipts | Serial Number |
| 1. | Name : | Age : | |
| Occupation : | Address : | ||
| 2. | Name : | Age : | Disputants |
| Occupation : | Address : | ||
| 3. | Name : | Age : | |
| Occupation : | Address : | ||
| Versus | |||
| 1. | Name : | Age : | |
| Occupation : | Address : | ||
| 2. | Name : | Age : | Opponents |
| Occupation : | Address : | ||
| 3. | Name : | Age : | |
| Occupation : | Address : |
1. In case there are more disputants or opponents, their names, addresses, age and occupations should also be mentioned.
2. In disputes relating to monetary claims, the disputants should state the precise amount claimed but where this cannot be exactly ascertained the disputants shall state the appropriate amount claimed.
3. When the disputant - foreman is a company/cooperative society or a partnership firm, a copy of the resolution of its Board of Directors or as the case may be, Managing Committee shall accompany the application.
Form - XVIII(See section 71 and rule 54)Proclamation To Be Issued At The Time Of The Issue Of A CertificateA. In the case of immovable property:Whereas........(Judgement-Creditor) has obtained an Award under Section 69 of the Chit Funds Act, 1982 (Central Act No. 40 of 1982) for an amount of Rs. ........... against ............. (Judgement-Debtor) and proposes to execute the same by sale of the under mentioned property of the said judgements-debtor and whereas the said execution of the award under section 71, of the said Act.Notice is hereby given that any private transfer or delivery of, or encumbrance or charge on, the property made or created after the issue of the certificate shall be null and void against the said Judgement-creditor under section 72 of the Act aforesaid.Description of The Property| Date of award or order | Names of the parties against whom award or order has beenpassed and a certificate U/s 71 has been issued | Survey number or House Number | Name of the Village town etc. | Area | Assessment or other taxes | Other description of the property such as boundaries etc., | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Survey No. | Area and assessment | Nature of right title and interest of the defaulter | Details of Encumbrances to which property is subject |
| (i) | Office where the bye-laws of the chit and year of the bye-lawsof the chit. | (i) Registration No. |
| (ii) | Date of which the balance sheet was prepared. | (ii)Name of the Foreman |
| (iii) | No. of instalments conducted till date of balance sheet | (iii) Chit amounts |
| (iv) No. of instalments |
| Receipt | Current Year | Total including previous years | Expenditure | Current Year | Total including previous years |
| 1 | 2Rs. | 3Rs. | 4 | 5Rs. | 6Rs. |
| 1. | Subscription paid by the prized and non-prized subscribers. | 1. | Prize amounts disbursed to prized subscribers. |
| 2. | Receipt under dividend | 2. | Interest paid to subscribers |
| 3. | Interest realized from the subscribers | 3. | Amount paid to defaulter non-prized subscribers. |
| 4. | Contributions by substitution of assignee non-prizedsubscribers, defaulters. | 4. | Amount contributed by foreman for in respect of dues ofpayment of the prize amount. |
| 5. | Any other amount received from subscribers. | 5. | Foreman's commission. |
| 6. | Amount contributed by the foreman for payment of prize amount. | 6. | Amounts on account of interest realized for delayed paymentsand forfeited dividend. |
| 7. | Interest accrued from investments | 7. | Dividend paid |
| 8. | Other items (details to be annexed) | 8. | Sinking fund |
| 9. | Investments withdrawn | 9. | Other items (details to be annexed) |
| 10. | Investments made | ||
| Grand Total : | Grand Total : |
| S. No. | Assets | Rs. | Ps. | Liabilities | Rs. | Ps. |
| 1. | Amounts due on account of arrears of subscription due fromprized subscribers. | 1. | Amounts paid by non-prized subscribers (including dividend) | |||
| 2. | Amounts due from the subscribers including the subscriptions | 2. | Amounts due to non-prized defaulter subscribers | |||
| 3. | Interest due from defaulter subscribers | 3. | Arrears of prize amount due to prized subscribers | |||
| 4. | Investments in Bank (including interest thereon) | 4. | Arrears of prize amount due to prized subscribers | |||
| 5. | Other items (details to be annexed) | 5. | Other items (details to be annexed) | |||
| 6. | Sinking fund | 6. | Sinking fund | |||
| Total | Total |
| Rs. | Ps. | ||
| 1. | Investment made on account of the failure on the part ofprized subscribers to receive the prized amount due to them | ||
| 2. | Investment made on account of lumpsum collection made fromdefaulter prized subscriber. | ||
| 3. | Amount deposited for payment to non-prized defaultersubscribers | ||
| 4. | Investments on account of other items of receipts of the chit(details to be annexed) | ||
| Total |
1. Investment in Pass book account number.
2. Particulars of documents to be entered here. Amount due from the future instalments of the chit as per bonds, etc., obtained for ........ instalments of the chit including the arrears of Rs. ....... due on account of defaulting instalments from defaulters.
3. Balance of contributions due from the foreman on account of prize amount received by him.
Note: To facilitate audit of balance sheets, the following statements of details should be annexed by the foreman to the balance sheet.| 1. | For the application for previous sanction to commence orconduct a chit under sub-section(2) of Section 4 | Up to Rs. 50,000/- (Chit Value) Rs. 10/- per ticket, subjectto maximum of Rs. 400/- |
| Rs. 50,0001 to Rs. 2,00,000/- Rs. 20/- per ticket, subject toa maximum of Rs. 1,000/- | ||
| Rs. 2,00,001 to Rs. 5,00,000/- Rs. 30/- per ticket subject toa maximum of Rs. 1,500/- | ||
| Above Rs. 5,00,000/- Rs.35/-per ticket subject to a maximum ofRs. 2,000/- | ||
| 2. | (a) For filing the chit agreement Rs. with the Registrar andRegistration of chit under Section 7. | Rs. 10/- per ticket |
| (b) For every application for registration of alteration,addition to or cancellation of chit agreement under Section 15and Rule 14. | Rs. 10/- per ticket | |
| 3. | For filing the declaration with the Registrar and the grant ofa certificate of commencement under sub-section (1) of Section 9. | Rs. 10/- |
| 4. | For filing the certificate under subsection (2) of Section 10. | Rs. 10/- |
| 5. | For filing a copy of minutes of the proceedings under Section18. | Rs. 2/- |
| 6. | For the audit of balance sheet under Section 24 by the ChitAuditor | |
| (a) When the aggregate chit amount of chits covered by thebalance sheer does not exceed Rs. 1,00,000/- | Rs. 100/- | |
| (b) When such amount exceeds Rs. 1,00,000/- | Rs. 250/- | |
| 7. | For filing the audited balance sheet under Section 24 | Rs. 100/- for Proprietary concerns |
| Rs. 200/- for Partnership Firms | ||
| Rs. 300/- for Companies | ||
| 8. | For the audit of accounts under sub-section (4) of Section 61by the Chit Auditor | |
| (a) When the chit amount does not exceed Rs. 1,00,000. | Rs. 50/- | |
| (b) When such amount exceeds Rs. 1,00,000/- | Rs. 300/- | |
| 9. | If the balance sheet or accounts are audited under Section 24or sub-section (4) of Section 61 at the premises of foreman oroutside the office of the Registrar for each such audit, inaddition to fee payable under Articles 6 and 8. | Rs. 20/- plus an amount equal to the travelling allowance anddaily allowance admissible to the Chit Auditor under the AndhraPradesh Travelling Allowances Rules. |
| 10. | (a) For the application for extension of time for filing thedeclaration under sub-section (3) of Section 7 Rs. 20/- | |
| (b) For the application for approval to appropriate sums fromreserve fund under subsection (4) of Section 8. | Rs. 200/- | |
| (c) For the application to offer as security the immovableproperty | ||
| (i) Situated outside the jurisdiction of the Registrar butwithin the State | Rs. 50/- | |
| (ii) Situated outside the State | Rs. 100/- | |
| (iii) For inspecting the immovable property offered assecurity under Section 20 to fix value of the property by theDeputy Registrar of Chits or Assistant Registrar of chits | Rs. 250/- plus an amount equal to the travelling allowance anddaily allowance admissible to the Deputy Registrar or AssistantRegistrar of chits. | |
| (d) For the application for permission to substitute thesecurity during the currency of the chit under sub-section (3) ofSection 20. | Rs. 50/- | |
| (e) For the application from the Foreman to conduct any drawin the presence of the Registrar or the person deputed by himunder sub-section (3) of Section 16. | Rs. 50/- | |
| (f) For the application for the prior approval of theRegistrar to open a new place of business under sub-section (1)of Section 19. | Rs. 150/- | |
| (g) For the application for extension of time for filingcopies of documents under Section 75. | Rs. 30/- | |
| (h) For the application to award compensation againstfrivolous or vexatious petition for winding up of chit undersub-section (1) of Section 58. | Rs. 15/- | |
| (i) For the application for injunction order under Section 52. | Rs. 15/- | |
| (j) For the application for leave to continue legalproceedings against foreman under Section 55. | Rs. 15/- | |
| (k) Application for attachment of property under sub-section(1) of Section 68. | Rs. 25/- | |
| 11. | For filing the following papers with the Registrar | |
| (a) A copy of each entry relating to the removal of defaultingsubscriber under sub-section (3) of Section 28. | Rs. 5/- | |
| (b) A copy of each entry relating to the substitution of asubscriber under sub-section (2) of Section 29. | Rs. 5/- | |
| (c) A copy of entry relating to transfer of the rights offoreman under Section 37. | Rs. 5/- | |
| (d) A copy of entry, relating to transfer of non-prizedsubscriber's right under Section 37. | Rs. 5/- | |
| (e) A copy of assent of all non-prized and unpaid subscribersfor withdrawal of a foreman under Section 41. | Rs. 5/- | |
| (f) A copy of consent of all non-prized and unpaid prizedsubscribers to the termination of chit under Section 41. | Rs. 5/- | |
| 12. | Fee for petition for settlement of dispute | Rs. 20/- for every thousand or part thereof of the amount ofclaim in dispute. Subject to a maximum of Rs.10000/-. |
| 13. | Fee for application for winding up of chit | |
| (a) When the chit amount does not exceed Rs. 5,000 | Rs. 100/- | |
| (b) When such chit amount exceeds Rs. 5,000 | Rs. 200/- | |
| 14. | Fee for adjournment of any proceedings under the Act. | Rs. 25/- |
| 15. | Fee for application for interim stay or relief other thanappeals to the Government or any other authority | Rs. 50/- |
| 16. | Fee for appeal to the State Government or any other authority | |
| (a) When it relates to a chit with a chit amount not exceedingRs. 1,00,000 | Rs. 100/- | |
| (b) When such chit amount exceeds Rs. 1,00,000 | Rs. 200/- | |
| 17. | For inspection of one or more records relating to a chit underSection 62 for each inspection | Rs. 5/- |
| 18. | For a copy or extract of the records relating to a chit | Rs. 2/- per page |
| 19. | For a certified copy of any order or judgement or award madeby the Registrar or his nominee under Section 69. | Rs. 50/- |