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Section 13: Every Financial Establishment shall, while applying for registration under section 5 and within one month from the information, namely

The Sikkim Protection of Interests of Depositors (in Financial Establishments ) Act,2009State Act of Sikkim · Act 12 of 2009

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(a) the complete postal address, telephone numbers and fax numbers of its registered office and the main office in Sikkim;

(ii) the name and residential address of the directors;

(iii) the name and official designation of its principal officers in the registered office; ~

(iv) the name and official designation of its principal officers in its main in Sikkim.

(v) name, address, official deslqnation and specimen signatures of the officers authorized to sign cash deposit receipts on behalf of the financial Establishment, along with the date from which they are so authorized.

14. Every Financial Establishment shall submit to the competent Authority half yearly returns as on 3151 March and 30lh September in the proforma as may be prescribed, so as to reach it not later than15 (fifteen) days thereafter. The proforma shall include year, information regarding the total amount of deposits as on the first day of the half the total amount of deposits collected during the half year, total maturity amount that became due for repayment but remained unpaid at the close of the previous half year, total maturity amount that became due during the half year and the amount paid there-from, grand total of maturity amounts that remained unpaid at the close of the financial year, and the reasons for non-payment of the outstanding maturity amount.

15. A Financial Establishment shall not close or shift its office without publishing such intention in at least two national newspapers and in one vernacular and one English local newspapers which are in circulation in the relevant place, and without obtaining prior written approval of the Competent Authority.

CHAPTER \\I

16. (1) It shall be the obligation of the Financial Establishment to intimate the depositor the details including date of maturity of the deposit at least 2(two) weeks before the date of maturity of the deposit.

(2) The maturity amount shall be payable to the depositor on the first bank working day following the day on which the deposit becomes mature:

Provided that if the rnaturity amount of a deposit has been pledged by the depositor against any loan taken by him from the Financial Establishment, the maturity amount may be adjusted against repayment of such loan to the extent required for discharging the loan, and the balance amount if any shall be payable to the depositor.

-5- · Default of return deposits.

Attachment of properties of default of return of deposits.

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17. (1) A Financial Establishment which fails to make repayment 0\ maturity amount to a depositor on the date on which it b8{;omes' payable, shall, in addition to any civil or criminal action which the· depositor or Competent Authority may initiate against the Financial Establishment,_ also be liable to pay the depositor interest on the maturity amount due to the depositor, from the third day following the date on which the maturity amount became payable till the date of actual payment, at 2 (two) percent more than the rate of interest at which such deposit was received from the depositor.

(2) A depositor who does not receive the maturity amount due may prefer a complaint to this effect to the Competent Authority on expiry of 15 (fifteen) days from the date on which such amount became payable.

(3) Onreceipt of a complaint under sub-section (2), the Competent Authority shall, within 7 (seven) days there-from, direct the defaulting Financial Establishment to make payment due to the depositor together with the interest mentioned at sub-section (1) within 10 (ten) days after issue of such direction.

(4) A Financial Establishment which fails to comply with the direction issued under sub-section (3) will be liable to be debarred by the Competent Authority without issuing a notice to show cause, from accepting any deposit until the full amount due is paid to the complainant.

(5) If a Financial Establishment defaults on repayment of the maturity amount along with interest prescribed under sub-section (1) of section 16 to the depositor for 30 (thirty) days after issue of a direction under sub-section (3), the Competent Authority shall, without issue of a notice to the Financial Establishment to show cause, take action to pay the amount due to the complainant depositor from the securities furnished by the defaulting Financial Establishment under sub-section (1) of Section 7.

(5) A Financial Establishment shall be permitted to resume acceptance of deposits unless the security utilized for repayment of dues to the depositor under sub-section (5) is replenished by it.

CHAPTER IV

Where this provision sits

ActThe Sikkim Protection of Interests of Depositors (in Financial Establishments ) Act,2009
Section13
Marginal noteEvery Financial Establishment shall, while applying for registration under section 5 and within one month from the information, namely
JurisdictionState of Sikkim
StatusIn force as published by the source

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