(1) Notwithstanding anything contained in this Act, a person conducting
a prize chit or money circulation scheme at the commencement of this Act may
continue to conduct such chit or scheme for such period as may be necessary for
the winding up of the business relating to such chit or scheme, so however that
such period shall not in any case extend beyond a period of two years from such
commencement:
Provided that the said person shall furnish to
the State Government or to such officer as may be authorised by it in this
behalf and to such office of the Reserve Bank as may be prescribed in such form
and within such period as may be prescribed, full information regarding the
chit or scheme along with a winding up plan prepared in accordance with the
provisions of any rules that may be made by the State Government in this behalf
under this Act:
Provided further that if the State Government
is satisfied, on an application made by the person conducting the prize chit or
money circulation scheme, that the chit or scheme cannot be wound up within the
period fixed in the winding up plan furnished to the State Government under the
foregoing proviso, it may, in consultation with the Reserve Bank, permit such
person to continue to conduct the business relating to the said chit or scheme
for such further period as may be considered necessary having regard to the
circumstances of the case and the interests of the members of the said chit or
scheme.
(2) The State Government may, in consultation
with the Reserve Bank, approve the winding up plan furnished under sub-section
(1) with or without modifications or reject the same and may grant or refuse to
grant permission to continue to conduct that chit or scheme:
Provided that no such winding up plan shall be
modified or rejected without giving an opportunity of being heard to the person
who conducts such prize chit or money circulation scheme.
(3) If any person fails to furnish full
information regarding the said chit or scheme along with its winding up plan in
the form and within the period prescribed, he shall forfeit his right to
continue the business relating to the said chit or scheme on the expiry of such
period.
(4) Notwithstanding anything to the contrary
contained in any agreement or arrangement entered into between any person
conducting any such chit or scheme and the subscriber, the person conducting
the chit or scheme shall, within such period as may be prescribed, refund the
monies or the subscriptions collected till the date of default referred to in
sub-section (3).
(5) If any person fails to comply with the
provisions of sub-section (4), he shall be punishable with imprisonment for a
term which may extend to two years, or with fine which may extend to three
thousand rupees, or with both:
Provided that in the absence of special and
adequate reasons to the contrary to be mentioned in the judgment of the court,
the imprisonment shall not be less than one year and the fine shall not be less
than one thousand rupees.