Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires, — (a) “Competent Authority” means the Competent Authority appointed under section 5; (b) “Designated Court” means a Designated Court constituted under section 6; (c) “deposit” includes and shall be deemed always to have included any receipt of money of acceptance of any valuable commodity by any Financial Establishment to be returned after a specified period or otherwise, either in cash or in kind in the form of a specified service with or without 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 or by bond or any other instrument covered under the guidelines given, and regulations made by the SEBI establishment under the Securities and Exchange Board of India Act, 1992; (15 of 1992); (ii) amount contributed as capital by partners of a Firm ; 3 (iii) amount 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 6A 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 deposit, (b) dealership deposit, (c) earnest money, (d) advance 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 the state ; and (vii) any amount received by way of subscriptions in respect of a chit. “Chit” has the meaning as assigned to it in clause (b) of section 2 of the Chit Funds Act, 1982, (10 of 1982); 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 deposited for the purposes of this clause. (d) “Financial Establishment” means any person accepting deposit under any scheme or arrangement or any other manner but does not include a Corporation or a Co-operative Society owned or controlled by any state Government or the Central Government or a Banking Company as defined under clause (c) of section 5 of the Banking Regulation Act, 1949, (10 of 1949) , (e) “Government” means Government of Tripura. Explanation – I :- Explanation – II :- 4 CHAPTER—II DEFAULT AND REMEDIES For Section 3 of the Tripura Protection of Interest of Depositors (In Financial Establishments) Act, 2000 (hereinafter called as the Principal Act), the following shall be substituted namely :- “3.Any Financial Establishment which (i) fraudulently defaults any repayment of deposit on maturity along with any benefit in the form of interest, bonus, profit or in any other form as promised ; or (ii) fraudulently fails to render service as assured, against the deposit ; or (iii) is found indulging in a fraudulent act during business operation, every person including the promoter, partner, director, manager or any other person or an employee responsible for the management or conduct of the business or affairs of such Financial Establishment shall, on conviction, be punished with imprisonment for a term which may extend to ten years and with fine which may extent to one lakh of rupees and such Financial Establishment also shall be liable for a fine which may extent to one lakh of rupees : Provided that in the absence of special and adequate reasons recorded in the judgment of the Court, the imprisonment shall not be for less than 5 years and the fine shall not be less than one lakh of rupees. Explanation :- For the purpose of this section, a financial Establishment, means and includes, which— (i) 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 (ii) 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 (iii) 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 when needed, shall be deemed to have committed a default fraudulently or failed to render specific service fraudulently.” Substitution of section 3 of TPID (In Financial Establishment) Act, 2000