45-IDefinitions

In this Chapter, unless the context otherwise requires,--

¹[(a) "business of a non-banking financial institution" means carrying on the business of a financial institution referred to in clause (c) and includes business of a non-banking financial company referred to in clause (f);]

²[(aa)] "company" means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;

(b) "corporation" means a corporation incorporated by an Act of any legislature;

³[(bb) deposit includes and shall be deemed always to have include any receipt of money by way of deposit or loan or in any other form, but does not include,--

(i) amounts raised by way of share capital;

(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 a Banking Regulation Act, 1949 (10 of 1949);

(iv) any amount received from,--

⁴* * * * *

(b) a State Financial Corporation,

Development Bank of India Act, 1964 (18 of 1964), or

(d) any other institution that may be specified by the Bank in this behalf;

(v) amounts received in the ordinary course of business, by way of--

(a) security deposit,

(b) dealership deposit,

(d) advance against orders for goods, properties 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 any State; and

(vii) any amount received by way of subscriptions in respect of a chit.

Explanation I.-- "Chit" has the meaning assigned to it in clause (b) of section 2 of the Chit Funds Act, 1982 (40 of 1982).

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 deposit for the purposes of this clause;]

⁵[Explanation III.--The amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such co-operative society.]

⁶[(c) "financial institution" means any non-banking institution which carries on as its business or part of its business any of the following activities, namely:--

(i) the financing, whether by way of making loans or advances or otherwise, of any activity other than its own;

(ii) the acquisition of shares, stock, bonds, debentures or securities issued by a Government or local authority or other marketable securities of a like nature;

(iii) letting or delivering of any goods to a hirer under a hire-purchase agreement as defined in clause (c) of section 2 of the Hire-Purchase Act, 1972 (26 of 1972);

(iv) the carrying on of any class of insurance business;

(v) managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or kuries as defined in any law which is for the time being in force in any State, or any business, which is similar thereto;

(vi) collecting, for any purpose or under any scheme or arrangement by whatever name called, monies in lump sum or otherwise, by way of subscriptions or by sale of units, or other instruments or in any other manner and awarding prizes or gifts, whether in cash or king, or disbursing monies in any other way, to persons from whom monies are collected or to any other person,

⁷[but does not include any institution, which carries on as its principal business,--

(a) agricultural operations; or

(aa) industrial activity; or]

(b) the purchase, or sale of any goods (other than securities) or the providing of any services; or

(c) the purchase, construction or sale of immovable property, so, however, that no portion of the income of the institution is derived from the financing of purchases, constructions or sales of immovable property by other persons;]

⁸[Explanation.--For the purposes of this clause, "industrial activity" means any activity specified in sub-clauses (i) to (xviii) of clause (c) of section 2 of the Industrial Development Bank of India Act, 1964 (18 of 1964);]

(d) "firm" means a firm as defined in the Indian Partnership Act, 1932 (9 of 1932) ⁹***;

(e) "non-banking institution" means a company, corporation ¹⁰[or co-operative society];

⁸[(f) "non-banking financial company" means--

(i) a financial institution which is a company;

(ii) a non-banking institution which is a company and which has as its principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner;

(iii) such other non-banking institution or class of such institutions, as the Bank may, with the previous approval of the Central Government and by notification in the Official Gazette, specify.]

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1. Ins. by Act 23 of 1997, s. 2 (w.e.f. 9-1-1997).

2. Clause (a) renumbered as clause (aa) thereof by s. 2, ibid. (w.e.f. 9-1-1997).

3. Subs. by Act 1 of 1984, s. 9, for clause (bb) (w.e.f. 15-2-1984).

4. Item (a) omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).

5. Ins. by Act 21 of 2019, s. 42 the second schedule (w.e.f. 21-2-2019).

6. Subs. by Act 51 of 1974, s. 17, for clause (c) (w.e.f. 13-12-1974).

7. Subs. by Act 23 of 1997, s. 2, for certain words (w.e.f. 9-1-1997).

8. Ins. by Act 23 of 1997, s. 2 (w.e.f. 9-1-1997).

9. The words ",of which the capital subscribed by its partners exceeds one lakh of rupees" omitted by Act 1 of 1984, s. 9 (w.e.f. 15-2-1984).

10. Subs. by s. 9, ibid., for ",co-operative society or firm" (w.e.f. 15-2-1984).

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PROVISIONS RELATING TO NON-BANKING INSTITUTIONS RECEIVING DEPOSITS AND FINANCIAL INSTITUTIONS