Nagpur, Dec 16: Maharashtra Legislative Assembly on Wednesday passed a bill to protect the interests of depositors of the financial establishments. The Maharashtra Protection of Interest of Depositors (in financial establishments) Act, 1999 envisages, on conviction, punishment for promoter, partner, director, manager or any other person or an employee of financial establishment for fradulent default with imprisonment for a term which may extend to six years and with fine which may extend to Rs one lakh.The Act has delegated sufficient powers to the government for the attachment of properties of those finacnial establishments which have failed to return the deposit after maturity or on demand by the depositor, to pay interest or other assured benefit, to provide the service promised against such deposit or where the government has reason to believe that any financial establishment is acting in a calculated manner, detrimental to the interest of the depositors with an intention to defraud them. Acertaining to this Act, the government can conduct the attachment exercise through the appointment of a competent authority, pending further order from the designated court.
The competent authority would, within 30 days from the date of publication of its appointment order, apply to the designated court. The government may with the concurrence of the chief justice of the Bombay High Court, by notification in the official gazzette; constitute one or more designated court in the cadre of a district and session judge for such area or areas.
No court including the court constituted under the Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920, other than the designated court have jurisdiction in respect of any matter to which the provisions of this Act apply.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.