section 2
Definitions.
The Delhi Protection of Interests of Depositors (in Financial Establishments) Act, 2001In this Act, unless the context otherwise requires,— (a) “Assistant Collector” means an officer appointed as such under the Delhi Land Revenue Act, 1954 (Act 12 of 1954); (b) “Competent Authority" means the authority appointed under section 5; (c) “Delhi” means the National Capital Territory of Delhi; (d) “deposit” includes and shall be deemed always to have included any receipt of money or acceptance of any valuable commodity by any financial establishment to be returned after a specified period or otherwise, either in cash or in kind or 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, bond or any other instrument covered under the guidelines given, and regulations made, by the SEBI, established under the Securities and Exchange Board of India Act, 1992 (15 of 1992); (ii) amounts contributed as capital by partners of a firm; (iii) amounts 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 6 A 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) advanced 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 Delhi; (vii) any amount received by way of subscriptions in respect of a chit; Explanation 1.-- "Chit" has the meaning as assigned to it in clause (2) of section 2. of the Madras Chit Funds Act, 1961 (Madras Act 24 of 1961) as extended to the National Capital Territory of Delhi. Explanation II. -- 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 a deposit for the purposes of this clause; (e) “Designated Court” means the Designated Court constituted under section 10; (f) "Financial establishment” means a person or a group of persons accepting deposit under any scheme or arrangement or in 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 the Government of any Union territory or a banking company as defined under clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (g) "Government" means the Government of the National Capital Territory of Delhi; (h) “Lieutenant Governor” means the Administrator of the National Capital Territory of Delhi appointed by the President under article 239 AA of the Constitution. In this Act, unless the context otherwise requires,— (a) “Designated Court” means the Designated Court constituted under section 10; (b) “Financial Establishment” means an individual, an association of individuals, or a firm carrying on the business of receiving deposits under any scheme or arrangement or in any other manner or lending in any manner; (c) “Government” means the Government of the National Capital Territory of Delhi; (d) “Deposit” means the deposit of money either in one lump sum or by installments made with the Financial Establishment for a fixed period, for interest or for return in any kind or for any service, but does not include— (i) amounts contributed as capital by partners of a firm; (ii) amounts contributed by directors of a private company; (iii) any amount raised by way of debentures or bonds or any other security secured by a charge; (iv) any amount borrowed from a scheduled bank as defined in the Reserve Bank of India Act, 1934 (1934 of 2) or a co-operative bank as defined in the Banking Regulation Act, 1949 (1949 of 10); (v) any amount borrowed from financial institutions specified in the Industrial Development Bank of India Act, 1964 (1964 of 18) or any other financial institutions notified by the Government; (vi) any amount received from an individual or a firm or association of individuals, which is not intended for the purpose of carrying on the business of the financial establishment; (vii) any amount received as security deposit from employees, workers, or customers. Explanation.—“Deposit” of money includes any deposit of money in any name, for the purpose of any investment under any scheme or otherwise, and the provisions of the Income Tax Act, 1961 (Income Tax Act, 1961 of 43) section 2(2) in relation to person is treated as part and parcel of this Act; (e) “Competent Authority” means the authority appointed under section 4; (f) “Special Court” means the Court constituted under section 10 and shall have the same meaning as defined in (a) above.
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