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Section 7

The Uttarakhand protection of interest of depositors (in financial establishment) ActState Act of Uttarakhand · Act 9 of 2005

(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 the statement 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 from 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 claims shall not be treated as claim entitled to be paid under the provision 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 himself shall value the security and his valuation shall be binding on such secured creditors.

(5) If the claimant fails to comply with the notice as per the sub-section (4), such security shall be valued by the competent Authority in his best judgment.

---------------------------------------------- 1- Inserted by section 2 of UK Act no 02 of 2017.

Report by the Competent Authority

8. After making a report as per 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 realized. While making such application, the competent Authority shall assess the liability to the depositors and other liabilities and in case the money realized or realizable 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.

Power of the Designated Court regarding realization of assets and payment to depositors

Where this provision sits

ActThe Uttarakhand protection of interest of depositors (in financial establishment) Act
Section7
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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