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Section 7

The Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 (32 of 2014)State Act of Haryana · Act 32 of 2014

(1) Within thirty days from the date of appointment, the competent authority shall assess the deposit liabilities and the assets of the financial establishment and submit a report thereof to the designated Court.

(2) The competent authority thereafter shall issue notice either individually or by means of effective media publication, inviting the claims by secured creditors, if any, and also the depositors of the financial establishment to submit their claims with proper proof to establish the same.

(3) Every notice under sub-section (2) sent to or deemed to have been effected to claimants shall state that if the statement of claim is not sent to the competent authority before the expiry of the period of one month from the date of notice, the claim shall not be considered under the provisions of this Act.

(4) Every notice sent to a secured creditor shall require him to value the security before the expiry of the period of one month from the date of the notice and such notice shall also state that if the statement of the claim together with the valuation of the security is not sent to the competent authority, the competent authority shall value the security and such valuation shall be binding.

Assessment of assets and deposit liabilities.

202 Report by competent authority.

8. After making a report under section 7, the competent authority shall make an application to the designated court seeking permission to make payment to the depositors out of the money realised. While making such application, the competent authority shall assess the liability to the depositors and the other liabilities and in case the money attached or realisable is not sufficient to meet the entire liability, make a submission to the designated court seeking permission for making payment to the depositors and disburse the money as per the orders of the designated court.

Designated court. 9. (1) For the purposes of this Act, the Government may, with the concurrence of the Chief Justice of the Punjab and Haryana High Court, by notification in the Official Gazette, constitute one or more designated courts in the cadre of a District Judge including Additional District Judge for such area or areas or for such case or class or group of cases, as may be specified in the notification.

(2) No court other than the designated court, shall have jurisdiction in respect of any matter to which the provisions of this Act are invoked.

(3) Any pending case in any other court to which the provisions of this Act apply, shall, stand transferred to the designated court from the date of issue of notification under sub-section (1).

Power of designated court regarding attachment.

Where this provision sits

ActThe Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 (32 of 2014)
Section7
JurisdictionState of Haryana
StatusIn force as published by the source

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