Chapter XI Chapter XI

Miscellaneous

1. (a) refusing to register the bye-laws of a chit under sub-section (1) of section 3:
2. (b) refusing to grant a certificate of commencement under sub-section (2) of section 7: (c¢) refusing to accept the security under clause (a) of sub-section (1) of section 12 or under section 24: or
3. (d) refusing to release the property charged by way of security or to order. the release of the cash security or the Government securities under sub-section (6) or sub-section (7) of section 12; may within thirty days of the communication to him of such decision appeal to the Director of Chits.

1. (2) The Director of Chits may. after giving the appellant an opportunity of being heard. pass such orders on the appeal under sub-section (1) as he thinks fit.

The Registrar may. in his discretion and upon an application in writing by any foreman made within the period of fourteen days specified in any of the provision of sub-section (3) of section 20. sub- section (2) of section 21. section 30 and section 33, allow to the foreman further time not exceeding fifteen days to file a copy of any document under any of the provisions referred to above.

1. (1) Whoever contravenes or abets the contravention of any of the provisions of sections 3. 4 and 7 shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.
2. (2) Any foreman
   • (a) who does not file the chit agreement under section 6 or a copy of any document under section 11, sub-section (2) of section 20, sub-section (2) of section 21. section 30 or section 33 within the period specified for such filing or within the further time allowed under section 56 for such filing: or
   • (b) who contravenes any of the provisions of section 8. sub--section (1) and sub- section (2) of section 12. section 14, section 15, section 16, section 18, section 20, section 21. section 22, section 24. sub-section (4) of section 26. section 30. section 36. section 37, section 38 and sub-section (4) of section 52. or (¢) who fails to comply with the requirements of the chit agreement regarding the date. time and place at which the chit is to be drawn: shall be punishable with fine which may extend to two hundred rupees.
3. (3) whoever in any document required by. or for purposes of any of the provisions of this Act wilfully makes a statement false in any material particular knowing to be false, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

first class shall try any offence under this Act:

Provided that no such court shall take cognizance of offence except on a complaint filed by the Registrar or the Inspecting Officer.

The court imposing any fine under this Act may direct that the whole or any part thereof be applied towards payment of the costs of the proceedings.

1. (1) A Judicial Magistrate of the first class may. on receiving a report from the Registrar or the Inspecting Officer appointed under sub-section (1) of section 52 that any person conducts or is responsible for the conduct of a chit in any place in contravention of the provisions of this Act. issue a warrant empowering the Registrar or the Inspecting Officer to enter such place with such assistance as he considers necessary and inspect the books. registers. accounts or documents in such place.
2. (2) On receiving the warrant issued under sub-section (1) the Registrar or the Inspecting Officer may enter the place with such assistance as he considers necessary and inspect the books, registers. accounts or documents in such place and may take to his office for further investigation such books. registers. accounts and documents as he consider necessary: Provided that if the Registrar or the Inspecting Officer removes from the place any book, register. account or document he shall give to the person in charge of the place a receipt describing the book. register, account or document so removed by him: 21- Provided further that within twenty four hours of the removal of the books, registers. accounts and documents. from the place the Registrar or the Inspecting Officer shall either return them to the person from whose custody they were removed or produce them in the court of the Magistrate who issued the warrant and such Magistrate may return the books, registers, accounts and documents or any of them to the person from whose custody they were removed by the Registrar or the Inspecting Officer, after taking from such person. such a security as the Magistrate considers necessary for the production of the books, registers. accounts and documents, when required whether by the Registrar or by the Inspecting Officer or by the court. or may pass such other orders as to their disposal as appear just and convenient to the Magistrate.
3. (3) The Registrar or the Inspecting Officer shall have authority to require any person whose testimony he may require regarding any chit agreement to attend before him or to produce or cause to be produce, any document and to examine such person on oaths.
4. (4) The Registrar or the Inspecting Officer may apply for assistance to an officer-in- charge of a police station and take police officers to accompany and assist the Registrar or the Inspecting Officer in performing his duties under this Act.
5. (5) The provisions of section 102 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) shall. so far as may be, apply to a search under this section.

All payments in respect of chit whether by the foreman or by the subscriber shall be evidenced by documents in writing.

No court shall award interest on claims arising under this Act at more than twelve per cent per annum simple interest.

Nothing contained in the foregoing provisions of this Act shall affect the powers vested in a court for granting relief against any of the provisions contained in the chit agreement. if the same be unconscionable or opposed to the provisions of any law.

1. (1) The Government may make rules for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate
   • (a) all matters expressly required or allowed by this Act to be prescribed:
   • (b) the matter in respect of which provisions shall be made in the bye-laws of a chit and the procedure to be followed in making. registering. altering and abrogating bye- laws, and the conditions to be satisfied prior to such making. registration. alteration or abrogation:
   • (c) the particulars which every chit agreement shall contain:
   • (d) the restrictions and conditions subject to which and the manner in which. any security given by a foreman under section 12 may be changed or substituted: 22-
   • (e) the procedure to be followed by the Registrar for the release of security given by the foreman under section 12:
   • (f) the maintenance of registers and books of accounts by the foreman. the safe custody of the books. papers and documents in the Registrar's office and also for the destruction of such books, papers and documents as need no longer be kept:
   • (g) the procedure to be followed for the winding up of a chit under Chapter 1X: and
   • (h) the auditing of the balance sheets and profit and loss accounts and the issue of audit certificates.
3. (3) (a) All rules made under this Act shall be published in the Official Gazette and. unless they are expressed to come into force on a particular day, shall come into force on the day on which they are published.
   • (b) All notifications issued under this Act shall, unless are expressed to come into force on a particular day. come into force on the day on which they are published.
4. (4) All rules made and all notifications issued under this Act shall. as soon as may be after they are made or issued be laid before the Legislative Assembly. Goa, Daman and Diu while it is, in session for a total period of fourteen days which may be comprised in one session or in two, successive sessions, and if, before the expiry of the session in which they are so laid or the session immediately following. the Legislative Assembly makes any modification in the rule or notification or decides that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be. so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

All amounts due from a foreman to the Registrar or any other officer under this Act by way of any fee shall be recoverable as arrears of land revenue.

The provisions of this Act shall not apply in respect of

1. (1) any chit started before the commencement of this Act. or
2. (2) any chit amount of which or where two or more chits are started or conducted simultaneously by the same foreman. the aggregate chit amount of which does not exceed one hundred rupees.

The Government may, by notification in the Official Gazette, exempt any institution rendering service of any charitable nature from all or any of the provisions of this Act other than section 12. subject to such conditions as it deems fit and may cancel or modify any such notification.

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Notwithstanding anything contained in the Indian Stamp Act. 1899 (Central Act 2 of 1899) as applied to this Union territory, a chit agreement. shall bear a stamp duty of rupees one and fifty paise. if either such agreement is executed or if the chit is conducted in the Union territory in accordance with the provisions of this Act.

1. (1) Any law corresponding to this Act in force in the Union territory immediately before the commencement. of this Act. shall stand repealed on such commencement of this Act: Provided that repeal shall not affect—
   • (a) (i) the previous operation of the corresponding law or anything done or duly suffered thereunder:
     • (ii) any right, privilege. obligation or liability acquired. accrued or incurred under the corresponding law: or
     • (iii) any penalty. forfeiture or punishment incurred in respect of any offence committed against the corresponding law: or
     • (iv) any investigations. legal proceeding or remedy in respect of any such right, privilege, obligation, liability. penalty. forfeiture or punishment as aforesaid and any such investigation. legal proceeding or remedy may be instituted, continued or enforced and any such penalty. forfeiture or punishment may be imposed as if this Act had not been passed: or
   • (b) the operation of the corresponding law in respect of chit started before the commencement of this Act.
2. (2) Subject to the provisions of sub-section (1) anything done or any action taken. including any appointment or delegation made. notification, order, instruction or direction issued. or any rule, regulation or form framed. certificate granted or registration effected under the corresponding law shall be deemed to have been done or taken under this Act and shall continue to have effect accordingly. unless and until superseded by anything done or any action taken under this Act. Secretariat, B.N. MASURKAR, . Law Secretary. Panaji, 18th December, 1973.