[THE KERALA CHIT
FUNDS RULES, 2012]
PREAMBLE
In exercise of the
powers conferred by Section 89 of the Chit Funds Act, 1982 (Central Act 40 of
1982), the Government of Kerala, in consultation with the Reserve Bank of India,
hereby make the following rules, namely:
CHAPTER I
Rule - 1. Short title and commencement.
(1)
These
rules may be called the Kerala Chit Funds Rules, 2012.
(2)
They
shall come into force at once.
Rule - 2. Definitions.
(1)
In
these rules, unless the context otherwise requires,
(a)
"Act"
means the Chit Funds Act, 1982 (Central Act 40 of 1982);
(b)
"Appendix"
means Appendix I or as the case may be Appendix II to these rules;
(c)
"Assistant
Registrar" means an Assistant Registrar of Chits appointed under Section
61 of the Act;
(d)
"authorised
agent" means a person duly authorised by a power of attorney executed and
authenticated or registered in accordance with the provisions of the
Registration Act, 1908 (Central Act XVI of 1908) or a person authorised by a
letter of authorisation specified in Form XX A in Appendix I to these Rules by
the person concerned;
(e)
"Deputy
Registrar" means a Deputy Registrar of Chits of the District and includes,
the Deputy Registrar of Chits in the office of the Registrar;
(f)
"Form"
means a Form in Appendix I to these Rules;
(g)
"section"
means a section of the Act;
(2)
Words
and expressions used in these rules but not defined therein shall have the same
meanings respectively assigned to them in the Act.
CHAPTER II CONSTITUTION
Rule - 3. Appointment of Officers.
(a)
The
Inspector General of Registration appointed under the Registration Act, 1908
(Central Act XVI of 1908) shall be the Registrar of Chits.
(b)
An
Additional Registrar of Chits, a Joint Registrar of Chits and a Deputy
Registrar of Chits shall also be appointed in the office of the Registrar to
assist the Registrar.
(c)
Every
District Registrar (General) of the Registration Department shall be the ex
officio Deputy Registrar of Chits of the respective Districts and he shall be
the "Authorised Officer" for the purpose of Section 4 of the Act.
(d)
Every
Sub-Registrar appointed under the Registration Act, 1908 (Central Act XVI of
1908) shall be the ex-officio Assistant Registrar of Chits within the local
limits of his jurisdiction.
(e)
An
"inspector of Chits" and a "Chit Auditor shall be appointed by
the State Government for each District.
CHAPTER III REGISTRATION
Rule - 4. Application for obtaining previous sanction for commencement or conduct of chit.
(1)
Subject
to the procedure laid down in Rules 19 and 20, every application for obtaining
previous sanction for the commencement or conduct of a chit under Section 4 of
the Act shall be in Form I and shall be addressed to the Deputy Registrar of
Chits of the District concerned. It shall be submitted in triplicate to the
Assistant Registrar of Chits by whom the chit is to be registered, in person or
by post, along with three copies of the chit agreement and the prescribed fees.
If the applicant is a company or a cooperative society the application shall
also be accompanied by three copies each of the audited balance sheet relating
to the financial year immediately preceding the date of application and if such
audit has not been conducted or where it is not complete of the last audited
balance sheet and a statement of accounts for the remaining period made up to
the date of application and certified as correct, in the case of a company by
their auditor, and in the case of a co-operative society by an officer not
below the rank of an Assistant Registrar of Co-operative Societies. Where the security
offered is immovable property the application shall also be accompanied by a
copy of the certificate of sufficiency of security.
(2)
The
Assistant Registrar of Chits shall, on receipt of the application, forward two
copies each of the application, the balance sheet and the statement of accounts
if any, to the Deputy Registrar of Chits of the District with his remarks.
(3)
The
Deputy Registrar, in turn, shall send a copy each of the application and the
said documents to the Inspector of Chits of the District, for verification,
enquiry and report.
(4)
The
Inspector of Chits shall make necessary enquiries and submit a concrete report
containing his specific remarks and recommendations as to the
eligibility/fitness or otherwise of the case for sanction, to the Deputy
Registrar of Chits.
(5)
The
Deputy Registrar may, on receipt of the report of the Inspector of Chits, after
considering all relevant facts and satisfying himself in that regard,
(i)
either
accord or refuse to accord sanction,
or
(ii)
call
for such further information or facts or materials, which, in his opinion, are
necessary for arriving at a decision and, after considering them, accord or
refuse to accord sanction.
(6)
A
copy of the order according or refusing sanction shall be communicated to the
Assistant Registrar of Chits who forwarded the application.
Rule - 5. Communication of refusal to sanction commencement or conduct of a chit.
(1)
Where
sanction for the commencement or conduct of a chit is refused, the reasons for
such refusal shall be recorded in writing and a copy thereof shall be
communicated to the applicant.
(2)
Before
refusing such sanction, the Deputy Registrar shall issue a notice to the
foreman calling up on him to show cause within thirty days as to why the
sanction should not be refused.
(3)
Where
the ground for the proposed refusal of such sanction is default in payment of
fees or filing of any statement or record required to be paid or filed under
the Act, the Deputy Registrar shall condone the said default, if he is
satisfied on hearing the foreman that the default has occurred due to reasons
beyond the control of the foreman or due to other bona fide reasons, provided
the foreman has paid the fees or filed the necessary documents on or before the
date of such hearing:
Rule - 6. Application for registration of chits.
Every application for registration of a chit
agreement to be made by the foreman to the Assistant Registrar shall be in Form
II. The chit agreement shall be presented by the foreman either in person or
through his authorised agent.
Rule - 7. Endorsement of registration of a chit.
The endorsement of registration of a chit
agreement to be issued by the Assistant Registrar shall be in Form III.
Rule - 8. Registration Number of Chit.
Every chit registered under the Act shall be
numbered serially by the Registrar in separate series for each calendar year.
Rule - 9. Communication of the refusal to register a chit.
(1)
If
the Assistant Registrar refuses to register a chit, he shall record the reasons
for such refusal in writing and communicate a copy of the order to the
applicant as well as to the Deputy Registrar who accorded sanction.
(2)
Before
refusing registration, the Assistant Registrar shall issue a notice to the
foreman calling upon him to show cause within thirty days as to why the
registration should not be refused.
(3)
Where
the ground for the proposed refusal or registration is default in payment of
fees or filing of any statement or record required to be paid or filed under
the Act, the Assistant Registrar shall condone the said default, if he is
satisfied on hearing the foreman that the default has occurred due to reasons
beyond the control of the foreman or due to other bona fide reasons, provided
the foreman has paid the fees or filed the necessary documents on or before the
date of such hearing.
Rule - 10. Application for appropriation of any sum from the reserve fund.
Every application for obtaining prior
approval of the Registrar for appropriation of any sum by a company from the
reserve fund shall be in Form IV.
Rule - 11. 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. A correct and complete list of subscribers shall
also be presented along with the declaration for filing. The list shall conform
to the entries in paragraph (10) under item XIII of the chit agreement in Form
VIII.
Rule - 12. 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.
Rule - 13. Form of Certificate for furnishing a copy of chit agreement to the subscribers of a chit.
(1)
The
certificate by the foreman about having furnished a copy of the chit agreement
to every subscriber of a chit to be filed with the Assistant Registrar shall be
in Form VII.
(2)
Every
foreman shall, before the first draw of the chit, furnish to each subscriber a
pass book bearing the seal of the Assistant Registrar. The pass book shall
contain the registered number and office of registration of the chit, the name,
full address and ticket number of the subscriber and the shares taken by him.
Entries showing the number and date of each installment, the amount of
subscription for the ticket, discount allowed, commission realized, date of
collection of installment amount etc., and details of disbursement of prize
amount shall be distinctly made in respect of each installment in the pass
book.
Rule - 14. Form of chit agreement.
The chit agreement of every chit started
under the Act shall, as far as may be, conform to the Pro forma set forth in
Form VIII.
Rule - 15. Registration of alteration, addition or omission of any provision in 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 proposes to make 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.
(2)
An
application to register an alteration or addition or omission of any provision
in the chit agreement shall be dealt within the same manner as an application
for registration of the chit agreement.
Rule - 16. Date of effect of alteration or addition or omission of any provision in the chit agreement.
An alteration or addition 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 of the chit agreement, as the case may be.
Rule - 17. Form of notice to chit subscriber.
Every notice to be given by a foreman to the
subscribers in a chit under Section 16 shall be in Form IX. It shall be sent to
each subscriber by post and shall also be exhibited on the Notice Board of the
office of the foreman.
Rule - 18. Form of minutes of proceedings.
The minutes of proceedings of every draw
shall be in Form XX and it shall, in addition to the particulars specified in
sub-section (2) of Section 17, contain full particulars of the following
points, namely:
(a)
Particulars
of deposit, if any, of the prize amount under sub-sections (1) and (2) of
Section 22 since the date of the previous draw;
(b)
Particulars
of deposits, if any, of money under sub-section (1) of Section 30 and sub-section
(4) of Section 33 since the date of the previous draw;
(c)
Amount
withdrawn from the approved bank (the name of the bank to be specified) and the
purpose for which the amount was withdrawn since the date of the previous draw;
(d)
Particulars
of the prized subscriber according to the terms of the chit Agreement and
particulars of tickets and prized amount.
Note. if the prized subscriber is related to
a fraction of a ticket, particulars in respect of such fraction shall be
entered;
(e)
Full
particulars of the commission paid to the foreman and the amount of dividend
assigned to each subscriber;
(f)
Names
of subscribers or their authorised agents who bid at the drawing, their ticket
numbers and signatures.
CHAPTER IV FOREMAN
Rule - 19. Procedures in the case of security given by the foreman.
(1)
In
the case of cash deposited in an approved bank in the name of the Assistant
Registrar under, clause (a) of sub-section (1) of Section 20, the receipt or
the book issued by the approved bank mentioned in the chit agreement shall be
delivered to the Assistant Registrar.
(2)
In
the case of Government securities transferred in favour of the Registrar under
clause (b) of sub-section (1) of Section 20, the Assistant Registrar shall keep
them in safe custody under his control in any Government Treasury.
(3)
If
the security charged is movable property other than deposit in an approved bank
or Government securities, the foreman shall make all necessary arrangements for
their deposit with the Assistant Registrar or with such bank or other agency as
may be approved by the Assistant Registrar for ensuring that the property
deposited is available as security for the proper conduct of a chit.
(4)
In
the case of trustee securities to be transferred in favour of Registrar under
clause (c) of sub-section (1) of Section 20,
(i)
where
the security is other than immovable property, the value of the security shall
not be less than one and a half times the value of the chit amount, and
(ii)
in
respect of security of immovable property, the value of the security shall not
be less than two times the value of the chit amount.
(5)
The
rate of interest payable by a defaulting subscriber in pursuance of the proviso
to sub-section (1) of Section 28 of the Act shall be twelve per cent per annum.
Rule - 20. Application for certificate of sufficiency of security.
(1)
A
foreman proposing to commence a chit shall, before applying for previous
sanction under Section 4, apply in Form X with the prescribed fee and a copy of
the chit agreement of the proposed chit, to the Assistant Registrar of chits by
whom the chit is to be registered, for a certificate of sufficiency of
security.
(2)
If
the security proposed/offered is immovable property, the application shall
contain the correct and complete details regarding the property. The
application shall also be accompanied by the original documents of title to the
property and a certificate of encumbrance for a period of thirty years
preceding the date of application.
(3)
The
Assistant Registrar of Chits shall, on receipt of the application, fix a
convenient date for the inspection of the property and intimate it to the
applicant.
(4)
The
applicant shall also remit the travelling and other allowances admissible to
the Assistant Registrar as per the rules in force.
(5)
The
Assistant Registrar himself shall inspect the property on the appointed date
and satisfy himself after making necessary enquiries and verification of
records as to the title and possession of the applicant to, and the value of,
the property.
(6)
Properties
which satisfy the requirements as to the value laid down in clause (ii) of
sub-rule (4) of Rule 19 and, to which the foreman has clear title and which are
in his actual possession and enjoyment shall alone be considered for being
accepted as security.
(7)
(a)
If the immovable property proposed to be offered as security is situated
outside the jurisdiction of the Assistant Registrar having jurisdiction over
the chit, the inspection and valuation shall under orders of the Registrar, be
done by the Assistant Registrar of chits within whose territorial jurisdiction
the property situates. The foreman shall make an application in this regard to
the Registrar through the Assistant Registrar having jurisdiction over the
chit. The application shall be accompanied by three copies of the schedule of
properties to be inspected and valued. One copy of the schedule shall be
retained by the Assistant Registrar for record.
(b) The Assistant Registrar who conducts the
inspection and valuation under the orders of the Registrar shall furnish a
report of valuation to the Assistant Registrar by whom the chit is to be
registered. He shall also make report of inspection and forward it to the
Registrar along with a copy of the certificate of valuation.
(8)
Every
officer who conducts an inspection and valuation of immovable properties shall
make a certificate of valuation and a copy thereof shall be submitted to the
Deputy Registrar of chits of the District with a report of such inspection.
(9)
If,
after inspection and valuation, or receipt of certificate of valuation from a
different Assistant Registrar, as the case may be, the Assistant Registrar is
or is not satisfied of the requirements as to the value and title and
possession, he shall inform the foreman accordingly.
(10)
if
the property is acceptable as security the foreman shall execute necessary
security bond in favour of the Assistant Registrar of chits charging the
property as security under sub-section (1) of Section 20 and get it duly
registered under the Registration Act, 1908 (Central Act XVI of 1908).
(11)
The
foreman shall, along with the registered security bond, produce necessary
certificates from the Revenue Authorities to prove that the property is in his
actual possession and enjoyment and an encumbrance certificate in continuation
of the previous one to show that the property is free from all encumbrance
until after the security bond is registered.
(12)
(a)
If the Assistant Registrar is satisfied of the sufficiency of the security, he
shall issue a certificate of sufficiency of security in Form XI.
(b) Where the Assistant Registrar is not
satisfied of the sufficiency of the security, he shall record it in writing on
the application and reject the application and the fact shall be communicated
to the applicant stating the reasons for the rejection.
(c) The Assistant Registrar shall forward a
copy of the certificate of sufficiency of security to the Deputy Registrar of
chits along with the application for previous sanction.
Rule - 21. 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 Assistant Registrar as
follows:
(a)
The
total quantity of grain due from all subscribers at one installment of the chit
shall be ascertained;
(b)
The
market value for the time being of the total quantity referred to in clause (a)
shall then be calculated;
(c)
In
assessing the market value, the Registrar shall adopt the current market prices
at the nearest taluk/town as ascertained from the Tahsildar having
jurisdiction;
(d)
One
and a quarter times the market value mentioned in clause (b) shall be taken to
be the chit amount for the purpose of furnishing security by the foreman under
sub-section (1) of Section 20.
Rule - 22. Substitution of Security.
(1)
During
the currency of a chit, the foreman may apply to the Assistant Registrar in
Form XII for permission to substitute the security given by him for the proper
conduct of the chit, by fresh security.
(2)
The
Assistant Registrar may grant permission after satisfying himself,
(i)
that
the request of the foreman for substitution of the security given under Section
20 is for the reasons stated in the application; and
(ii)
that
the fresh security offered is adequate.
(3)
The
procedures prescribed in Rules 19 and 20 shall mutatis mutandis apply to the
substituted security given by the foreman under this rule.
Rule - 23. Procedure for release of original security in acceptance of fresh security.
(1)
The
Assistant Registrar shall, if so required by the foreman after acceptance of
the fresh security under Rule 22, execute and register a deed of release in
respect of the original security at the cost of the foreman.
(2)
If
the original security to be returned is Government securities deposited in a
Government treasury, the Assistant Registrar shall arrange to return the
securities offered by the foreman after making endorsements of re-transfer in
the pass book (receipt) or Government security (or other record) as the case
may be.
(3)
If
the original security to be returned is movable property other than Government
security, the Assistant Registrar shall arrange to return such security by executing
such deed or making such endorsement, as may be necessary, for an effective
re-transfer in favour of the foreman.
Rule - 24. Application for release of security on termination of the chit.
On determination of the chit, the foreman may
apply to the Assistant Registrar for the release of the security given by him.
Rule - 25. 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
Assistant Registrar or any other officer have been fully paid.
Rule - 26. Procedure for release of security on termination of the chit.
(1)
On
receipt of the application for release of security under Rule 24, the Assistant
Registrar shall forward a copy of it to the Inspector of chits with a
requisition to inspect the chit and intimate whether there is any objection in
releasing the security.
(2)
The
Inspector of chits shall inspect the chit and furnish his reply to the
Assistant Registrar within a maximum period of one month of the receipt of the
requisition.
(3)
On
receipt of the report of the Inspector of chits, the Assistant Registrar may
call upon the foreman to produce any book of accounts or register or other
record as he deems necessary for verification. The Assistant Registrar shall
after considering the report and other records is of the opinion that there is
no objection to release the security, he shall publish in the Gazette at the
cost of the foreman, a notice stating that the security is proposed to be
released and that any person objecting to such release may file with him, his
statements of objections, if any, within one month from the date of publication
of the notification. A copy of the notification shall be exhibited on the
notice board of the office of the Assistant Registrar also.
(4)
If
no objections are received within the period specified in the notice, the
Assistant Registrar shall release the security.
(5)
if
any objections are received, the Assistant Registrar shall enquire into the
objections summarily within fourteen days after the date of expiry of the
period specified in the notice referred to in sub-rule (3) and record his
decision in writing and forward a copy there of to the foreman and to the
objector.
Rule - 27. Books of accounts to be maintained by the Foreman.
In addition to the book containing the
minutes of the proceedings 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, namely:
(1)
A
register of subscribers in Form XIII.
(2)
A
ledger in Form XIV
(3)
A
day book in Form XV
(4)
A
receipt book in duplicate in Form XVI duly certified by the foreman as to the
number of pages.
(5)
A
book containing copies of all notices issued by the foreman to the subscribers.
(6)
A
file containing the letters of authorisation of the subscribers, for
subscribing his name in the chit agreement and for participating in the auction
of the chit.
(7)
A
file containing the vouchers for payment made by the foreman.
(8)
A
file containing documents relating to securities offered by the prized
subscribers.
Rule - 28. Accounts to be written up promptly.
(1)
Every
entry in the register of subscribers, the ledger or the day book mentioned in
Rule 27 shall be made as and when the particular event occurs.
(2)
On
receipt of any money, a receipt shall immediately be prepared or caused to be
prepared by the foreman in Form XVI and delivered to the payer.
(3)
The
foreman shall, at the time of issuing every notice, prepare a copy thereof in
the book mentioned under item (5) of Rule 27 and certify it to be true copy and
enter therein under his signature, the date of dispatch of the notice.
(4)
A
voucher duly signed by the recipient shall be obtained by the foreman at the
time any payment is made to him and such voucher shall be immediately filed as
specified in Rule 29.
(5)
Every
document relating to the security given by prized subscribers shall, as soon as
it received, be filed in the file mentioned in item (8) of Rule 27. The file
shall contain an index for facilitating the scrutiny of the documents.
Rule - 29. 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 file mentioned in item
(7) of Rule 27 after assigning a serial number there to for each calendar
month.
Rule - 30. Date for submission of balance sheet.
(1)
The
balance sheet prepared in accordance with the provisions of Section 24 shall be
filed with the Registrar within a period of three months from the expiry of the
period with reference to which it is prepared.
(2)
Receipts
and Expenditure account and statement showing the assets and liabilities of the
individual chit group shall be filed in the Form XXVIII with the Registrar
within a period of two months from the termination of the chit when the
duration of the chit does not exceed one year and when the duration of chit
exceeds one year on expiry of every period of twelve months and also on the
termination of the chit.
Rule - 31. Audit by a Chit Auditor.
(1)
If
a foreman desired to have the balance sheet and profit and loss account audited
by a Chit Auditor appointed under sub-section (2) of Section 61, the foreman
shall immediately after the preparation of the balance sheet make an
application for such audit to the Assistant Registrar within whose jurisdiction
the chit is conducted, specifying whether the audit shall be at the premises of
the foreman or not. The application shall be accompanied by the amount of fee
specified in Appendix II.
(2)
The
Assistant Registrar shall forward the application to the Chit Auditor of the
District who shall audit the balance sheet and profit and loss account as
expeditiously as possible. On receipt of the application, the Auditor shall
call up on the foreman to produce the chit records on such date, time and place
as he may fix and the foreman shall produce all registers, books of accounts
and other records relating to the chit accordingly and furnish such information
and give such facilities as may be necessary or required for the proper audit
of the balance sheet and profit and loss account and receipt and expenditure
account of individual chit at the time and place fixed by the chit auditor.
(3)
Notice
of not less than seven days shall be given to the foreman as to the date of
audit in the premises of the foreman or for the production of registers, books
of accounts and other records relating to the chit business, as the case may
be.
Rule - 32. 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 one copy to the foreman, the
second copy to the Assistant Registrar, the third copy to the Inspector of
Chits and keep the remaining copy in his own file.
Rule - 33. Time for filing balance sheet audited by a Chit Auditor or other Auditors.
(1)
Where
the audit is done by the Chit Auditor, the foreman shall file with the
Assistant Registrar a copy of the balance sheet and profit and loss account
together with the audit certificate and the auditor's report within one month
from the date of the receipt of the audit certificate and audit report from the
Chit Auditor or within three months from the last day of the period covered by
the balance sheet, whichever is earlier.
(2)
In
the cease of Audit by an Auditor qualified to act as auditor of companies under
the Companies Act 1956 (Central Act, 1 of 1956), the foreman shall file with
the Assistant Registrar the documents referred to in sub-rule (1) within three
months from the expiry of the period with reference to which the balance sheet
is prepared under Section 24 and in the case of individual chit as referred to
in sub-rule (2) of Rule 30 within a period of two months.
CHAPTER V WINDING UP OF CHITS
Rule - 34. Form of petition for winding up and presentation.
A petition for winding up of a chit shall
contain the following particulars, namely:
(1)
Full
name, description, occupation and address of the petitioner.
(2)
Address
of his Advocate, if any, for the service of all notices, processes etc.;
(3)
Address
of the foreman;
(4)
Particulars
regarding the,
(i)
number
and date of registration of the chit agreement;
(ii)
office
where the chit agreement was registered;
(iii)
chit
amount;
(iv)
total
number of tickets;
(v)
number
of subscribers and the number of tickets subscribed by each subscriber;
(vi)
number
of non-prized subscribers on the date of the petition; and
(vii)
number
of unpaid prized subscribers, if any.
(5)
Facts
which the petitioner relies in support of the petition.
(6)
Particulars
relating to the award and execution of other processes which has been returned
unsatisfied in whole or in part, if the ground of the petition is that
execution of other process issued on an award on order of the Registrar in
favour of any subscriber in respect of the amounts due to him from the foreman
was returned unsatisfied in whole or in part.
(7)
Full
details to show that the conditions prescribed in clause (a) of the proviso to
Section 49 is satisfied, if the winding up of the chit is applied for under
clause (d) of Section 48 and if the said clause (a) applies.
(8)
Whether
the previous sanction of the State Government has been obtained, if clause (b)
of the proviso to Section 49 applies. (A copy of the relevant order of the
State Government shall be attached.)
Rule - 35. Proposals for collection and distribution of chit assets.
(1)
The
Receiver shall as soon as possible settle and submit to the Registrar a
statement (hereinafter referred to as the "Provisional Statement")
showing,
(a)
the
names of subscribers and other persons from whom moneys are due to the chit;
(b)
the
names of the subscribers and other persons to whom moneys are due from the
chit;
(c)
proposals
as to how the chit assets are to be collected and applied in the discharge of
its liabilities; and
(d)
the
amount proposed to be paid to each of the persons specified in clause (b);
(2)
Notice
of the preparation of the provisional statement accompanied by a copy thereof
shall be published and be served on the petitioner, the subscribers and other
persons mentioned by the Receiver in such manner as the Registrar may direct If
the number of persons on whom notice is to be served is large, the notice may
at the discretion of the Registrar, be served on the petitioner only and be
advertised in one or more daily newspapers having wide circulation in the
locality. The notice shall also specify the date on which objections to the
provisional statement will be heard and shall call up on any person having such
objections:
(i)
to
submit his statement of objections and the grounds there for supported by an
affidavit before the date appointed by the Registrar in this behalf; and
(ii)
to
appear in person or by Advocate on the date of hearing with all the evidence in
support of his objections.
Rule - 36. 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 shall be
allowed the benefit of a set-off.
Rule - 37. Hearing of objections to the provisional statement.
On the date fixed for the hearing of the
objections under sub-rule (2) of Rule 35 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 such 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.
Rule - 38. Final orders of settlement by Registrar.
(1)
As
soon as possible after the issue of orders by the Registrar under Rule 37 and
at least ten days before the date fixed under the said rule, 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 of 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 37 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.
(2)
The
final orders passed by the Registrar under this rule shall be conclusive
evidence of the several claims to be met out of the chit assets.
Rule - 39. 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 be proposed for distribution in the provisional statement
and in the fresh list mentioned in Rule 38.
Rule - 40. Filing of final accounts by Receiver.
(1)
Upon
the termination of the proceedings relating to the winding up, the Receiver
shall file his final accounts with the Registrar and within fifteen days of
such final accounts being passed by the Registrar, the balance of money in the
hands of the Receiver shall be paid to the Registrar. The Receiver shall also
state how the balance amount may be disposed of together with the reasons for
his proposals. He shall also deposit with the Registrar ail books, accounts and
all other records relating to the chit which has been wound up.
(2)
The
Receiver may thereafter apply to Registrar for a certificate of discharge from
his duties as Receiver and for discharging from the recognizance bonds entered
into by him and the sureties, if any. On receipt of such application, the
Registrar may pass orders of such discharge including discharge from the
liabilities in the bonds and orders for the disposal of the final balance of
the chit assets, if any.
Rule - 41. Final order of winding up by the Registrar.
(1)
After
the winding up of the affairs of a chit have been completed the Registrar shall
make an order recording the fact of such winding up.
(2)
A
copy of such order shall be exhibited on the notice board of the office of the
Registrar.
Rule - 42. 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.
Rule - 43. Meetings.
When the number of subscribers is large and
the Registrar whether on application of the Receiver or not, at any stage
considers that a meeting of all such parties is necessary in order to ascertain
their views in any matter, the Registrar may pass an order for holding such 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 VI FEES
Rule - 44. Table of fees.
The fees payable to the Registrar for the
matters specified in Section 62 and Section 63 shall be as set out in Appendix
II and shall be paid in cash.
Rule - 45. Receipt for fees.
The Registrar shall issue receipts for all
the fees received by him.
Rule - 46. 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 but such registration or filing is not actually
effected or the service is not actually rendered.
CHAPTER
VII DISPUTES AND ARBITRATION
Rule - 47. Reference of dispute.
A
reference of a dispute under Section 64 shall be made in writing to the
Registrar in Form XVII. Wherever necessary, the Registrar may require the party
referring the dispute 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.
Rule - 48. Registrar's satisfaction regarding the 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 made to him in
Form XVII and the relevant records and statements submitted to him, records his
decision together with the reasons therefore whether he is or is not satisfied
about the existence of a dispute within the meaning of Section 64. 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.
Rule - 49. Disposal of a dispute or reference to a nominee.
(1)
Where the Registrar is satisfied that there is a dispute,
the Registrar may decide the dispute himself or refer it for disposal to a
person appointed by him as his nominee.
(2)
Neither the Registrar nor his nominee shall take up for
consideration any dispute, unless the parties concerned comply with the
requirement of affixing the court fees specified in Rule 59.
Rule - 50. Qualifications for appointment as Registrar's nominee.
No
person shall be eligible for appointment as a nominee unless he holds a degree
in Law from a University recognized by the Government of Kerala and holds
office as a Deputy Registrar or District Registrar or Sub-Registrar in the
Registration Department.
Rule - 51. Procedure for hearing and decision of disputes.
(1)
The Registrar or his nominee shall record in the official
language in vogue in the State, the evidence of the parties to the dispute and
the witness who attend. A flat recording of the evidence as above and after
considering any documentary evidence produced by the parties, decision; shall
be given by him in writing. Such decision shall be pronounced openly either at
once or as soon as may be practicable on some future day, of which due notice
shall be given to the parties.
(2)
Where neither party appears when the dispute is posted
for hearing, the Registrar or his nominee may make an order that it be
dismissed for default.
(3)
Where the opponent appears and the disputant does not
appear when the dispute is posted for hearing, the Registrar or his nominee may
make an order that the dispute be dismissed unless the opponent admits the
claims or a part thereof, in which case the Registrar or his nominee, as the
case may be, may make an order against the opponent upon such admission, and
where part only of the claim is admitted, may dismiss the dispute in so far as
it relates to the remainder.
(4)
Where the disputant appears and the opponent does not
appear when the dispute the posted for hearing, and if the Registrar or his
nominee is satisfied from the records and proceedings that the summons was duly
served, the Registrar or his nominees may decide the dispute ex parte. Where
the summons is served by any officer of the Registrar or his nominee, he shall
make his report of service on oath.
(5)
The Registrar or his nominee may not ordinarily grant
more than two adjournments to such party to the dispute at his request. The
Registrar or his nominee may however, at his discretion grant such further
adjournments on payment of costs to the other side and such fee to the
Registrar or his nominee, as the case may be, may direct.
(6)
Any party to a dispute may apply for and obtain a
certified copy of any order, judgment or award made by the Registrar or his
nominee on payment of copying fees, at the rate specified in Appendix II.
Rule - 52. Issue of summons or notices in connection with the disputes.
(1)
The Registrar, or as the case may be his nominee may
issue summons or notices at least fifteen days before the date fixed for the
hearing of the dispute requiring:
(i)
the attendance of the parties to the dispute and
witnesses if any; and
(ii)
the production of all books and documents relating to the
matter in dispute.
(2)
Summons or notice issued by the Registrar or his nominee
may be served through a Peon, Attender or any employees of the Registration
Department or by registered post with acknowledgment due.
(3)
The Officer serving a summons or notice shall in all
cases in which summons or notice has been served, endorse or annex or cause to
be endorsed on or annexed to, the original summons or notice, a return stating
the time when, and the manner, in which, the summons or, as the case may be,
notice was served, and the name and address of the person if any identifying
the person to whom served and witnessing the delivery or tender of the summons
of the notice.
(4)
The official issuing the summons or notice may examine
the serving officer an oath or cause him to be so examined by the officer
through whom it is served and may make such further inquiry in the matter as he
thinks fit, and shall either declare that the summons or, as the case may be,
notice has been duly served, or order it to be served in such matter as he
thinks fit.
(5)
The mode of serving summonses and notices as laid down in
sub-rules (1) to (4) shall mutatis mutandis apply to the service of any
requisition made or notice issued by the Registrar or by the person authorized
by him, when acting under Section 46.
Rule - 53. 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 on the ground that such property is not liable to
such attachment, the Registrar, or as the case may be, his nominee shall
investigate into the claim or objection and dispose it off on merits:
Provided
that, no such investigation shall be made when the Registrar or his nominee
considers that the claim or objection is frivolous.
Rule - 54. Procedure for the custody of property attached under Section 68.
(1)
Where the property to be attached is movable property
other than agricultural produce in the possession of the debtor, the attachment
shall be made by actual seizure and the attaching officer shall keep the
property in his own custody or in the custody of one of his subordinates, or of
a Receiver, if one is appointed under sub-rule (2) and shall be responsible for
the due custody thereof:
Provided
that when the property seized is subject to speedy and natural decay, or when
the expenses of keeping it in custody is likely to exceed its value, the
attaching officer may sell it at once.
(2)
Where it appears to the officer ordering conditional
attachment under Section 68 to be just and convenient he may appoint a receiver
for the custody of the movable property attached under the Section and his
duties and liabilities shall be identical with those of a Receiver appointed
under Order XII in the First Schedule to the Code of Civil Procedure, 1908
(Central Act 5 of 1908).
(3)
(i) Where the property to be attached is immovable, the
attachment shall be made by an officer prohibiting the debtor from transferring
or charging the property in any way, and all persons from taking any benefit
from such transfer or charge.
(ii)
The order shall be proclaimed at some place on, or adjacent to, such property
by beating of drums or other customary mode, and a copy of the order shall be
fixed on a conspicuous part of the property and upon a conspicuous part of the
village office, and where the property is land, paying revenue to the State
Government, also in the office of the Collector of the District and in the
office of the Tahsildar or of any other revenue officer within whose
jurisdiction the property is situated.
Rule - 55. 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 53 and 54 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.
Rule - 56. Issue of proclamation prohibiting private transfer of property.
The
Registrar when acting under clause (a) of Section 71 shall at the time of
signing a certificate effecting 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 Village 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.
Rule - 57. Procedure for execution of awards.
(1)
Every order or award passed by the Registrar, or his
nominee under Section 68 and Section 69 shall be forwarded by the Registrar to
the foreman or to the party concerned with instructions that the foreman or as
the case may be, the party concerned shall initiate execution proceedings forthwith
according to the provisions of Section 71.
(2)
If the amount due under the award is not forthwith
recovered or the order thereunder is not carried out, it shall be forwarded to
the Registrar with an application for execution along with all information
required by the Registrar, for the issue of certificate under Section 71. The
applicant shall state whether he desires to execute the ward through a Civil
Court or through the revenue authorities as provided under Section 71.
(3)
On receipt of such application for execution the
Registrar shall forward the same to the proper authority for execution along
with a certificate issued by him under Section 71 and a proclamation issued
under Rule 56 in the manner prescribed therein.
(4)
Every order passed in appeal under Section 70 shall also
be executed in the manner laid down in sub-rules (2) and (3).
Rule - 58. Transfer of property which cannot be sold.
(1)
When in execution of an award or order sought to be
executed under Section 71, any property cannot be sold for want of buyers and
if such property is in the possession of the defaulter or of some person on his
behalf, or of some person claiming it under a title created by the defaulter
subsequent to the issue of the certificate by the Registrar under clause (a) or
(b) of the said section, the officer conducting the execution shall as soon as
practicable report the fact to the Court or the Collector or the Registrar, as
the case may be and the holder of the award or order applying for the
execution.
(2)
On receipt of a report under sub-rule (1), the holder of
the award or order may, within six months from the date of the receipt of the
report or within such further period as may for sufficient reasons be allowed
in any particular case by the Court or the Collector or the Registrar, submit
an application in writing to the Court, the Collector or the Registrar, as the
case may be, stating whether or not he agrees to take over such property.
(3)
On receipt of an application under sub-rule (2) notices
shall be issued to the defaulter and to all persons known to be interested in
the property, including those whose names appear in the Record of Rights as
persons holding any interest in the property, about the intended transfer.
(4)
On receipt of such notice, the defaulter, or any person
owning such property, or holding an interest therein by virtue of a title
acquired before the date of issue of a certificate under Section 71 may, within
one month from the date of the receipt of such notice, deposit with the Court
or the Collector or the Registrar, for payment to the foreman a sum equal to
the amount due under the order sought to be executed together with interest
thereon and such additional sum for payment of costs and other incidental
expenses as may be determined in this behalf by the Court or the Collector or
the Registrar, as the case may be.
(5)
On the failure of the defaulter, or any person interested
or any person holding any interest in the property, to deposit the amount under
sub-rule (4), the Court or the Collector or the Registrar, as the case may be,
shall direct the property to be transferred to the holder of the award or order
on the conditions stated in the certificate in the Form XIX.
(6)
The certificate granted under sub-rule (5) shall state
whether the property is transferred to the holder of the award or order in full
or partial satisfaction of the amount due to him from the defaulter.
(7)
If the property is transferred to the holder of the award
or order in partial satisfaction of the amount due to him from the defaulter,
the Court or the Collector or the Registrar, as the case may be, shall on the
production by the holder of the award or order a certificate signed by the
Registrar, recover the balance due in the manner laid down in Section 71.
(8)
The transfer of the property under sub-rule (5) shall be
effected as follows:
(i)
In the case of movable property,
(a)
Where the property is in the possession of the defaulter
himself or has been taken possession of on behalf of the Court or the Collector
or the Registrar it shall be delivered to the holder of the award or order.
(b)
Where the property is in the possession of some other
person on behalf of the defaulter, such person in possession shall be given
notice directing him to give actual peaceful possession of the property to the
holder of the award or order and prohibiting him from delivering possession of
the property to any other person.
(c)
The property shall be delivered to the holder of the
award or order or to a person authorised by him to take possession of the same
on his behalf.
(ii)
In the case of immovable property,
(a)
Where there is growing or standing crop, the property
shall be delivered to the holder of the award or order and who shall thereupon
be entitled to enter on the land, and to do all that, is necessary for the
purpose of tending, cutting and gathering it.
(b)
Where the property is in the possession of the defaulter
or of some person on his behalf or some person claiming under a title created
by the defaulter subsequent to the issue of a certificate under Section 71, the
Court or the Collector or the Registrar, as the case may be, shall order
delivery to be made by putting the holder of the award or order or any person
whom he may appoint to receive delivery on his behalf, in actual possession of
the property and if necessary by removing any person who illegally refuses to
vacate the same.
(c)
Where the property is in the possession of a tenant or
other person entitled to hold the name by title required before the date of
issue of a certificate under Section 71, the Court or the Collector or the
Registrar, as the case may be, shall order delivery to be made by affixing a
copy of the certificate of transfer of the property to the holder of the award
or order in some conspicuous place on the property and proclaiming to such
person by beat of drum of other customary made at some convenient place that
the interest of the defaulter has been transferred to the holder of the award
or order.
(9)
The holder of the award or order shall be required to pay
expenses incidental to the sale including the cost of maintenance of
live-stock, if any, according to such scale as may be fixed by the Registrar
from time to time.
(10)
Where the land is transferred under sub-clause (a) of
clause (ii) of sub-rule (8), the holder of the award or order shall before
cutting and gathering of the growing of standing crop be liable to pay the
current year's land revenue on the land.
(11)
The holder of the award or order shall forthwith report
the transfer of the property under sub-clause (b) or (c) of sub-clause (ii) of
sub-rule (8) to the Village Officer for information and entry in the Record of
Rights.
(12)
The holder of the award or order to whom property is
transferred under sub-rule (5) shall maintain separate accounts for each
defaulter showing all the expenses incurred including payment to outside,
encumbrances, land revenue and other dues on the property and all the income
derived from it.
(13)
The holder of the award or order to whom property is
transferred under sub-rule (5) shall use his best endeavour to sell the
property as soon as practicable to the best advantage of the foreman as well as
that of the defaulter, the first option being always given to the defaulter who
originally owned the property. The sale shall be subject to confirmation by the
Registrar. The proceeds of the sale shall be applied for defraying the expenses
of the sale and other expenses incurred by the holder of the award or order and
referred to in sub-rules (9), (10) and (12) and to the payment of the arrears
due by the defaulter under the order in execution, and the surplus if any,
shall be paid to the defaulter.
(14)
Until the property is sold, the holder of the award or
order to whom the property is transferred under sub-rule (5) shall use his best
endeavour to lease it or to make any other use that can be made of it so as to
derive the largest possible income from the property.
(15)
When the holder of the award or order to whom property is
transferred under sub-rule (5) has realized all his dues under the order in
execution of which the property was transferred, from the proceeds of the
property, the property if unsold shall be restored to the defaulter.
Rule - 59. Payment of fees for decision of disputes.
(1)
The Registrar or his nominee, as the case may be, shall
take a dispute on file only if the application regarding reference for such
disputes in Form XVII is affixed with court-fee stamps at the following rates,
namely:
|
(i) Simple money
claims
|
Proper court-fee
Rs. Ps.
|
|
(a) When the
amount of the claim in dispute does not exceed Rs. 1,000
|
25.00
|
|
(b) When such
amount exceeds Rs. 1,000 but does not exceed Rs. 5,000
|
50.00
|
|
(c) When such
amount exceed Rs. 5,000
|
75.00
|
|
(ii) Complicated
money claims:
|
|
|
(a) When the
amount of the claim in dispute does not exceed Rs. 1,000
|
50.00
|
|
(b) When such
amount exceeds Rs. 1,000 but does not exceed Rs. 5,000
|
75.00
|
|
(c) When such
amount exceeds Rs. 1,000 but does not exceed Rs. 5,000
|
100.00
|
|
(iii) All other
disputes
|
100.00
|
Explanation.
For the purposes of this sub-rule, "simple money claims" means the
claims of a foreman whose business consists of conducting chits Including
disbursement of prize amounts based on loan bonds, promissory notes, admissions
or acknowledgments, and "complicated money claims" mean all money
claims other than simple money claim. The question regarding the
classifications of a dispute for the purpose of this sub-rule shall be decided
by the Registrar or his nominee deciding the dispute and the decision of the
Registrar or his nominee as the case may be, shall be final.
(2)
No document of any of the kinds specified below shall be
filed before the Registrar or his nominee unless it is affixed with the proper
court-fee stamp as specified against it.
|
|
Proper court-fee
Rs. Ps.
|
|
(i) Vakalathnama
|
2.00
|
|
(ii) Application
for adjournment
|
10.00
|
|
(iii)
Application for interim stay or relief
|
25.00
|
(3)
(a) The Registrar or his nominee deciding any dispute may
require the party or parties to the dispute to deposit such sum as may, in his
opinion be necessary to meet the expenses including payment of fees to the
Registrar or his nominee, as the case may be.
(b)
The Registrar may be general or special order specify the rate of fees and
expenses to be paid to him or his nominee.
(c)
The Registrar or his nominee shall have power to order the fees and expenses of
determining the dispute to be paid by the foreman out of his funds or by such
party, or parties to the dispute, as he may think fit, according to the rates
laid down by the Registrar, after taking into account the amount deposited
under clause (a) as above.
CHAPTER VIII MISCELLANEOUS
Rule - 60. Appeal to be in writing.
(1)
An
appeal under Section 70 shall either be presented in person or be sent by
registered post to the State Government and an appeal under sub-section (1) or
sub-section (2) of Section 74 shall either be presented in person or be sent by
registered post to the State Government or to such officer or authority as may
be empowered by notification in the official Gazette by the State Government in
that behalf.
(2)
The
appeal shall be in the form of a memorandum which shall be affixed with
court-fee stamps of Rs. 150.00
(3)
Every
appeal shall,
(a)
specify
the names and addresses of the appellants as well as the respondent;
(b)
state
by whom the order appealed against was made;
(c)
set
forth concisely and under distinct heads the grounds of objections to the order
appealed against with a memorandum of evidence;
(d)
state
precisely the relief which the appellant claims; and
(e)
give
the date of order appealed against.
Rule - 61. Hearing and disposal of the appeal.
(1)
The
State Government or such officer or authority, as the case may be receiving the
appeal shall, as soon as possible examine it and ensure that:
(a)
the
appeal memorandum is affixed with court-fee stamps of the value specified in
sub-rule (2) of Rule 60;
(b)
the
person presenting the appeal has the locus standi to do so;
(c)
it
is made within the specified time limit; and
(d)
it
conforms to all the provisions of the Act and the Rules.
(2)
In
the proceedings in the appeal the appellant and the respondent may be
represented by an agent holding a power of attorney or by a legal practitioner.
(3)
The
State Government or such officer or authority, as the case may be considering
the appeal shall, on the basis of the enquiry conducted and with reference to
the records examined, pass such order on appeal which is just and reasonable.
(4)
Every
order under sub-rule (3) shall be in writing and shall be communicated to the
parties concerned and to the Registrar.
Rule - 62. 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 12 years
from the release of the security in the case of chits which are terminated and
from the date when the affairs of the chit are completely wound up in cases
dealt with in Chapter X of the Act and from the date of disposal of the appeal
if orders passed under Chapter X are appealable.
Rule - 63. Register of records kept.
(1)
Every
Assistant Registrar shall keep a separate register in which all the particulars
of the records relating to chits registered in his office should be entered.
The register shall be in Form XXI.
(2)
Besides
the Register of Records mentioned in sub-rule (1) the Assistant Registrar shall
also maintain the following registers and account books, namely:
(a)
A
Register of Securities in Form XXII;
(b)
A
Register of fees realized, in Form XXIII;
(c)
A
Register of fees collected for compounding of offences in Form XXIV; and
(d)
A
Register of Prosecutions in Form XXV
(3)
The
Deputy Registrar of Chits of the District who is authorized to accord previous
sanction under Section 4 shall maintain in his office a Register of application
for previous sanction to commencement or conduct of chitties in Form XXVI.
(4)
A
Register of prosecutions sanctioned shall be maintained in Form XXVII by the
officer authorised to issue sanction for prosecution.
(5)
The
concerned officer as mentioned above as well as the Chief Ministerial Officer
shall be responsible for the proper maintenance of the registers and accounts
specified in sub-rules (1) to (4).
Rule - 64. Compounding of offences arising under the Act.
(1)
Any
Officer empowered by the State Government shall issue a show cause notice
before taking any action under Sections 76 or 77 of the Act against any person
who has committed, or reasonably suspected to have committed any offence under
the Act, or rules made thereunder asking him to show cause within period of
fifteen days, why action under the said Section 76 or as the case may be, under
Section 77 of the Act should not be taken against him.
(2)
Notwithstanding
anything contained in the said provision,
(i)
Any
officer empowered by the State Government to compound the offence committed
under the Act or reasonably suspected to have committed any offence under the
Act and Rules made thereunder may compound the said offence committed by any
person, either before or after the institution of the criminal proceedings
under the Act:
Provided that the said proposal to compound
the offence is accepted by any officer authorized by the State Government.
(ii)
On
an approval of the said proposal by the officer empowered to approve such a
proposal referred above, the officer empowered to compound the offence shall
send an intimation in writing in that behalf to the person specifying therein,
(a)
a
sum determined by way of composition,
(b)
the
date on or before which the sum shall be paid.