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ϝೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATAKA
No. FD-CAM/52/2025(P-2) Karnataka Government Secretariat,
401, 4th gate, M. S. Building,
Bengaluru, Date: 27.08.2026.
NOTIFICATION
Whereas the draft of the Karnataka Protection of Interest of Depositors in
Financial Establishments Rules, 2026 was published as required in sub section
(1) of section 21 of the Karnataka Protection of Interest of Depositors in Financial
Establishments Act, 2004 (Karnataka Act 30 of 2005) in notification No. FD-
CAM/52/2025(P-2), Bengaluru dated: 22.07.2026, in Part IV A No. 560 of the
Karnataka Gazette Extra-ordinary dated: 24.07.2026, inviting objections or
suggestions from all the persons likely to be affected thereby within fifteen days
from the date of its publication in the Official Gazette.
And whereas, the said Gazette was made available to the public on
24.07.2026;
And whereas no objections and suggestions were received by the
Government in respect of the said draft within the period specified above.
Now, therefore, in exercise of the powers conferred by sub section (1) of
section 21 of the Karnataka Protection of Interest of Depositors in Financial
Establishments Act, 2004 (Karnataka Act 30 of 2005), the Government of
Karnataka, hereby makes the following rules, namely: -
RULES
1. Title and commencement. - (1) These rules may be called the Karnataka
Protection of Interest of Depositors in Financial Establishments Rules, 2026.
(2) They shall come into force from the date of their publication in the
Official Gazette.
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Part – IVA
ಶĪ®ಾರ, 29
, 2026 (¨sÁzÀæ¥ÀzÀ 07,
, 1948)
BENGALURU, SATURDAY, 29 AUGUST, 2026 ( BHADRAPADA 07, SHAKAVARSHA, 1948)
. 778
No. 778
2. Definitions.- (1) In these rules, unless the context otherwise requires.-
(a) “Act” means the Karnataka Protection of Interest of Depositors in
Financial Establishments Act, 2004 (Karnataka Act 30 of 2005):
(b) “Aadhaar number” shall have the same meaning as assigned to it in
clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and
other Subsidies, Benefits and Services) Act, 2016 (Central Act No.18 of
2016):
(c) “Bill of Exchange” shall have the same meaning as assigned to it in
section 5 of the Negotiable Instruments Act, 1881 (Central Act No. 26 of
1881):
(d) “Form” means a form appended to these rules:
(e) “Good Faith” shall have the same meaning as assigned to it in sub-
section (11) of section 2 of the Bharatiya Nyaya Sanhita 2023 (Central
Act No. 45 of 2023):
(f) “KYC” means “Know Your Customer” within the meaning of the
Reserve Bank of India’s KYC Directions (2016):
(g) “Liquidated Demand” shall have the same meaning as in Order 37
rule 2(b) of the Code of Civil Procedure, 1908 (Central Act No. 05 of
1908):
(h) “Negotiable Instrument” shall have the same meaning as assigned to
it in section 13 of the Negotiable Instruments Act, 1881 (Central Act
No. 26 of 1881):
(i) “Nodal Officer” means an officer notified by the Government as nodal
officer under sub-section (1) of section 3.
(j) “Officially Valid Document” (OVD) shall have the same meaning as
assigned to it in the Para 3 (a)(xii) of the Reserve Bank of India KYC
Directions, 2016:
(k) “Permanent Account Number (PAN Card)” means a Permanent
Account Number document issued by the Income Tax Department
under the provisions of the Income tax Act, 2025 (Central Act No. 30 of
2025):
(l) “Promissory Note” shall have the same meaning as assigned to it in
Section 4 of the Negotiable Instruments Act, 1881 (Central Act No. 26
of 1881):
(m)
“Secured Creditor” shall have the same meaning as assigned to it
in sub-section (30) of section 3 of the Insolvency and Bankruptcy Code,
2016 (Central Act No. 31 of 2016): and
(n) “Section” means the section of the Act.
(o) “Schedule” means the schedule appended to these Rules.
(2) All other words and expressions used in these rules but not defined,
shall have the same meaning as respectively assigned to them in relevant laws
and the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899)
3. Ad-interim order and examination of the complainant and
witnesses.- (1) A Nodal Officer notified by the Government for the purposes of
enforcing the provisions of the Act, who shall have all powers to receive
complaints on matters falling under the Act, collect market intelligence, or take
the assistance of District Magistrates within their jurisdictions or their
functionaries, to investigate or cause to be investigated, any fraudulent
transaction or complaint and report or cause to be reported to the Government
in the Form 1(A) for Nodal Officer or in Form 1(B) for District Magistrate or
in Form 1(C) for the Police Officer concerned, the result of such inquiry and carry
out all actions of the Competent Authority himself or through officers appointed to
assist him not below the rank of Assistant Commissioner, till such time as a
Competent Authority is appointed under sub-section (1) of section 5:
Provided that, the District Magistrate within his jurisdiction may, on receipt
of any information or complaint, or any report from the Police Authorities of the
District, have the same enquired into, and under intimation to the Nodal Officer,
report the same to Government.
Provided further that, the Police Authorities or Investigation Agencies at
District level shall report any complaint received along with a report on investigation
thereof, to the District Magistrate for forwarding to the Government.
Provided also that, the Investigation Authorities at the State level shall make
report of any such investigation to the Government under intimation to the Nodal
Officer.
Provided also that, such reports shall be made to the Government in Form 1(A)
by the Nodal Officer, and Form 1(B) by the District Magistrate after framing the
following issues for inquiry, namely:-
(i)
Verification of complaints and grievances received and information
gathered;
(ii)
Details of the Financial Establishment;
(iii)
Nature of activities and permissions and regulatory compliance thereon
from competent regulatory authorities and reports of other regulatory
authorities on such activities;
(iv)
Financial Schemes, programs, related public activities, related
promotional activities, and other businesses and public activities;
(v)
Ownership of properties movable and immovable and record of
permissions and documentary proof and registrations of the same
and likely value of the same; and
(vi)
Sources of income and Income Tax returns filed, financial position
and Annual Reports, Audited Accounts as well as Minutes of Board
meetings etc, as required after issuing notices and summons:
Provided that, the Police Authorities shall make report in Form 1(C)
based on the investigation conducted and on subsequent progress as and when
required.
(2)
A Nodal Officer may issue process for discovery and inspection,
enforce the attendance of any person, including the officer of a reporting entity,
issue notice or summons to compel production of a document or record, receive
evidence on affidavits and issue commissions for,-
(a) examination of a person;
(b) make local investigation;
(c) examine accounts;
(d) hold a scientific or technical or expert investigation;
(e) conduct the spot auction of seized perishable goods prone to decay or
(f) carry out any ministerial actions with respect to any matter under
inquiry.
Note: For the said purposes, the said officer shall use Forms 2(A), 2(B), 2(C),
2(D), 3(A), 3(B), 3(C), 3(D), 3(E), 4, 5(A), 5(B), 5(C), 5(D) and 5(E) as the case may
be.
(3)
On receiving a report on any publications or advertisements
promoting a fraudulent scheme or soliciting deposits for such scheme under
inquiry or investigation under the Act or these rules, the Government or the Nodal
Officer may, after issuing notice to the owner of any newspaper or other publication
of any nature either in print or in electronic form to provide information about
the agency or person funding the advertisement or publication, and after affording
an opportunity to the owner or other publication, make an order to publish a full
and fair retraction, unequivocally withdrawing any offer, promotion or inducement
made earlier in any advertisement, statement or information to any person to
become a member of any fraudulent scheme. The retraction shall be published free
of cost within two days from the date of the direction of the appropriate
Government. In addition, the Government or a Nodal Officer may, if the retraction
is not carried out, or is felt to be inadequate, in the interest of protecting gullible
investors, order seizure of all copies of the said publication through the District
Magistrate and make a complaint to the Central Consumer Protection Authority
under section 19 of the Consumer Protection Act, 2019 (Central Act No. 35 of 2019).
(4)
A copy of the order of provisional attachment and an order issued by the
Competent Authority in Form 6 shall be served on the owner of the property, or
any person who claims to be in possession of the property or any other person who
has an interest in the said property through some legally valid document and shall
be published in a leading newspaper (both in vernacular and in English) having
wide circulation in the area all such persons shall be deemed to be served the
order by such publication.
(5)
The Competent Authority appointed under sub-section (1) of section
5 or if such authority is yet to be appointed, the District Magistrate on the orders
of the Nodal Officer shall take possession of the immoveable property by affixing
the order of provisional attachment at a conspicuous place of such immoveable
property.
(6)
Where the property to be attached is a moveable property, the
Competent Authority or if such authority is yet to be appointed, the jurisdictional
Assistant Commissioner, on orders of Nodal Officer shall take actual physical
possession of such property and retain it in his custody.
(7)
The Competent Authority or the officer duly authorised by the Nodal
Officer shall maintain a record of the property provisionally attached which shall
include details of any expenditure incurred or any costs of management of the
property and of any income received from the property from any legal
arrangement already in force and shall not himself deploy the assets in any kind
of commercial activity nor renew any commercial contract.
(8)
Upon the receipt of the orders of the Government under sub-section
(2) of section 3, the Competent Authority may examine the complainant and other
affected depositors and such other persons connected with the Financial
Establishment accused of fraudulent deposit taking and examination shall be
reduced in writing or otherwise recorded. The Competent Authority may also
issue summons for production of documents and records and examine them and
obtain reports from the Police Authorities investigating the case in order to assess
the assets and the liabilities of the financial establishment and prepare a complete
record of depositors from whom the deposit taker has collected deposits. The
Competent Authority may also assign an approved valuer to value the property
under ad interim attachment and assign an approved forensic auditor to trace the
money trail from depositors.
(9)
When an ad-interim order attaching the money or other property of
Financial Establishment is made by the Government under section 3, such money
or property referred to in the order shall not be transferred to any other persons
by any mode whatsoever and if any such transfer is made, it shall be null and void.
As a result of the property having vested in the Competent Authority subject to
orders of the Special Court, he shall cause to enter in the relevant part of the
property record, a right to that effect and the concerned authorities in charge of
property records shall comply:
Provided that, the Competent Authority or if any such authority is yet to be
appointed, a Nodal Officer may make such order including order of debit freeze on
any bank account under intimation to the bank to provide transaction records and
KYC records.
4. Powers to freeze or seize property.- Where the Competent Authority
is satisfied or has reason to believe that any property which is liable to be attached
under the Act is likely to be concealed, transferred or dealt with in any manner which
will result in defeating the purpose of the Act, it may make an order seizing such
property or where it is not practicable to seize such property make an order that
such property shall not be transferred or otherwise disposed of or dealt with,
except with prior permission of the Special Court:
Provided that, the Competent Authority or if any such authority is yet to be
appointed, the Nodal Officer may make such order including order of debit freeze
on any bank account under intimation to the bank to provide transaction records
and KYC records.
5. Procedure to be adopted for entry into premises for inspection, search
and seizure.- (1) If the Competent Authority or a Nodal Officer or District
Magistrate wishes to search any premises other than residential premises to carry
out the purposes of the Act and these rules, he shall issue an order in Form 6(A)
and serve the same on the adult occupant representing the owner as present on the
said premises, and also cause a copy to be pasted at a prominent place on the
premises. For the purposes of these rules the said authority may seek such
cooperation of jurisdictional revenue and police authorities as deemed fit. As far as
practicable such search shall be conducted between 6 AM and 6 PM and if any
physical searches of persons have to be conducted, they shall be done by police
authorities present in accordance with law and procedure. The said authority shall
carry for the purposes of such search and seizure, portable light sources,
measuring tools and tapes, sturdy locks and keys, photographic and videographic
devices, official seal and sealing wax and registers for recording search and seizure
proceedings. All records inspected and or seized shall be meticulously recorded in an
inventory in Form 6(B), a copy of which shall be served to the person present after
he or she signs thereon. All seizures shall be conducted in the presence of at least
two panchas and a Panchnama shall be drawn up in Form 6(C).
(2) A possession order shall be made in case of immoveable property in
Form 6(D) and a copy of the same shall be served upon the occupants and
persons having legal interest or rights in the property.
(3) The entire search and seizure shall be recorded by audio-video device as
required under section 105 of the Bharatiya Nagarika Suraksha Sanhita, 2023
(Central Act 46 of 2023):
Provided that, if any residential accommodation needs to be searched, the
Competent Authority shall submit an application to the Magistrate having jurisdiction
over the area in the Form 2(E) for issue of warrant and if issued, shall follow the
procedure in this Rule.
6. Appointment of and procedure adopted by Competent Authority.-
(1) The Government shall as far as possible, appoint officers of the Revenue
Department as Competent Authority and such Competent Authority shall carry
out his duties in addition to his regular duties. Where cases pertaining to a
financial establishment are spread across more than one district or beyond the
State, a Nodal Officer shall be assigned all such cases as Competent Authority and
such establishment and staff along with financial allocation as may be required to
effectively handle such cases.
(2) The Nodal Officer shall carry out the duties of the Competent Authority
till such Authority is appointed by the Government by notification
(3) If the Competent Authority, due to circumstances beyond his control is
unable to apply to the Special Court within thirty days of the order of ad interim
attachment, he shall, after recording the reasons in writing, apply to the Principal
Secretary to Government, Revenue Department for extension of the period not
exceeding thirty days and the Principal Secretary to Government may for valid
reasons to be recorded in writing, as soon as possible, allow the same. In each
such case allowed by the Principal Secretary, the Competent Authority shall
ensure that the application to make attachment absolute is filed before the Special
Court within the extended period and recording reasons for the extension. If for
reasons beyond his control, the Competent Authority fails to file the application
within the extended period, he shall make an appeal for further extension before
the Special Court with an affidavit verifying the compelling circumstances and
take action as per orders of the Special Court.
(4) All applications and appeals made under this Act by the Competent
Authority shall first be scrutinized and verified by the Nodal Officer.
7. Execution of duties and exercise of powers by the Competent
Authority.- (1) The Competent Authority shall as expeditiously as possible, obtain
all reports, records, notifications, and follow procedures under the Act and these
Rules to obtain all necessary documents, databases etc. from the financial
establishments and those depositors or informants who come forward with
actionable information and file the information in an accessible manner both as
physical documents and as electronic records
(2)
The Competent Authority shall open Bank Accounts for purposes of the
Act, with the approval of the Nodal Officer including an absolute account into
which all moneys accruing due to liquidation of or securities on or rents from
seized properties of the Financial Establishment, made absolute by the Special
Court shall be remitted. Further, the Competent Authority shall take into custody,
all documents, assets and properties through due process and issue possession
notice/certificate in Form 7(A) for immoveable properties, in
Form 7(B) for
moveable properties and in Form 7(C) for documents and reports etc. The
Competent Authority shall as expeditiously as possible, register or secure absolute
title to the assets from the competent jurisdictional authority based on the order
of the Special Court under sub-section (2) of section 5 of the Act and take absolute
possession of the same and remit the realised value and all moneys received to
the absolute account including any interest earned thereon and no moneys shall be
disbursed therefrom except as ordered by the Special Court.
(3) The Competent Authority shall, with the approval of the Nodal Officer
and following due process of law, appoint appropriate approved or empanelled
valuers and agencies to assist in realising value of property and prepare valuation
report for properties under ad interim seizure, appoint Forensic Auditors and
where required, Data Forensics Experts to prepare forensic audit report and trace
money trail of the deposits as early as possible, not exceeding six weeks.
(4) The Competent Authority shall, with the approval of Nodal Officer
appoint suitable legal practitioner and chartered accountant and any other
technical experts for purposes of investigation, tracing of money trail, seizure and
liquidation of assets of the Financial Establishment.
(5) The Competent Authority on appointment shall also conduct detailed
Investigation based on records and documents obtained from,-
(i) Investigating Officer of the State Government or other investigating agency
as the case may be,-
(a)
a status report on the properties identified which are liable for
attachment under the Act, along with documents if any;
(b)
a copy of the report of any charge sheet, arrest, search or seizure
submitted to the Special Court;
(c)
names and details of accused persons who have been arrested and
who have obtained bail; and
(d)
details in confidence about any informants, whistleblowers or
approvers who may provide actionable intelligence
(ii) Where a case is booked by the Enforcement Directorate, a copy of the
Provisional Attachment Order issued, confirmation order of the
Adjudicating Authority, Prosecution Complaint filed by the Investigation
Officer etc., whichever is available.
(iii) Information regarding the assets of the financial establishment based on
ITR (Income Tax Returns), Forms filed by them or search and seizure
carried out on them.
(iv) Regulatory Authorities with whom the financial establishment is
registered including Registrar of Companies, Registrar of Societies,
Registrar of Cooperatives, Labour Department, Commercial Tax etc.
(v) Records of registrations of all transactions in immoveable property or
instruments or as requested by the Competent Authority from Stamps and
Registration Department
(vi) Land records and mutation records, succession certificate, encumbrance
or family tree as sought from Revenue Department and khata records as
sought from Local Bodies.
(vii)
Records of licenses and registration of vehicles where available as sought
from competent authorities such as Road Transport Officer etc
(viii)
Records of bank account holders, including e-KYC, Payee – Beneficiary
Record and account opening application.
(ix) Records of building plan approval from concerned authorities
8. Powers to manage, dispose and discharge Marketable Securities.-
(1)
If there are any type of marketable securities attached under the ad-
interim attachment notification, the Competent Authority, with the approval of the Nodal
Officer shall open a demat account in any public sector bank preferably within seven days
but not exceeding fifteen days of publication of the notification and intimate the ad-interim
attachment notification to the appropriate authority or company holding the securities to
not transfer them subject to orders of the Special Court.
(2) The Competent Authority shall file petition under sub-section (2) of section
5 before the Special Court for making the transmission of the marketable securities
to the Competent Authority absolute as required under section 56 of the
Companies Act 2013 (Central Act No. 18 of 2013) and upon the orders of the Special
Court shall issue an order in Form 7(D), to the holder of the marketable securities or
appropriate authority to transfer the marketable securities through the demat
account and proceed to fully discharge them as expeditiously as possible and
realise the value to the absolute account.
(3) The Competent Authority shall maintain transaction records of the
marketable securities and demat account for the reconciliation of securities.
9. Power to sell or transfer property of the Financial Establishment.-
(1) The Competent Authority may with the permission of the Special Court sell the
moveable and immoveable assets taken possession in one or more lots by adopting
any of the following methods to secure maximum sale price for the assets, to be
so sold,-
(a) obtaining quotations from parties dealing in the secured assets or
otherwise interested in buying such assets; or
(b) inviting tenders from the public; or
(c) holding public auction including through e-auction mode; or
(d) by private treaty.
(2) The authorised officer shall issue a notice of a minimum of seven days
for sale of the movable assets if the aggregate value put to sale is less than rupees
fifty lakhs and a minimum of thirty days if the aggregate value is more than fifty
lakhs, in Form 7(E), to be published in two leading newspapers, including one in
vernacular language having wide circulation in the locality with,
(a) complete description of movable secured assets to be sold with
identification marks or numbers, if any, on them;
(b) reserve price of the movable assets, if any, and the time and manner
of payment;
(c) time and place of public auction or e-auction or sale by quotations or
private treaty as the case may be;
(d) deposit of earnest money as may be stipulated;
(e) the place and date for inspection of the goods and pre-bid meet for
clarifications if any;
(f) any other terms or conditions which the authorised officer considers it
necessary for a purchaser to know the nature and value of movable assets.
(3) If the auction is successful, the Competent Authority shall upon
remission of fifteen percent of the bid value for moveable assets and twenty five
percent of the bid value for immoveable assets, issue a sale confirmation advice
to the successful bidder in Form 7(G), with suitable terms and conditions regarding
remission of balance confirmed sale amount, which in the case of moveable assets
shall not be more than fifteen days and in the case of immoveable assets shall not be
more than thirty days:
Provided that, if the successful bidder, within seven days of the sale
confirmation advice seeks further time due to acceptable reasons adduced in writing,
the Competent Authority may, with approval of the Nodal Officer allow a period not
exceeding fifteen days.
Provided further that, if the successful bidder fails to remit the full amount
within the time allotted or the extended time given, the Competent Authority shall
issue a notice of confiscation in Form 7(G)(i) in lieu of payment of the balance
along with a penalty of five percent of the value for every day of delay beyond the
stipulated day and if the penalty exceeds fifty percent of value, proceed to issue a
confiscation order in Form 7(G)(ii), confiscating the earnest money and deposit
already made.
Provided also that, if sale by public auction or e-auction is not successful, or
if the assets are of such exclusive nature or restricted use, that the Competent
Authority subject to approval of the Nodal Officer believes that sale by public
auction would fail or be vitiated by cartels, or a Government authority is interested
to acquire the assets for public purposes at a price above the reserve price
including the encumbrances and unpaid dues thereon, an application with reasons
for such belief shall be made by the Competent Authority to the Special Court and
subject to the orders of the court, the assets may be disposed of either by obtaining
sealed quotations within a specified period to be notified and or by private treaty
with such conditions, in writing between the Competent Authority and the
purchaser as given hereinafter:
Provided also that, in case of sale by quotation or by private treaty, the
Competent Authority shall publish the same in two local newspapers and on the
web-site of the Nodal Officer, in Form 7(J), with detailed terms and conditions of
the sale of the movable assets which shall include:-
(a) complete description of movable secured assets to be sold with identification
marks or numbers, if any, on them;
(b) reserve price of the movable assets, if any, and the time and manner of
payment;
(c)
time and place of public auction or e-auction or sale by quotations or private
treaty as the case may be;
(d) deposit of earnest money as may be stipulated;
(e) the place and date for inspection of the goods and pre-bid meet for
clarifications if any; and
(f)
any other terms or conditions which the Special Court or the Competent
Authority considers necessary.
(4) On remission of sale price and its receipt into the absolute account of
the Competent Authority, the Authority shall issue a certificate of sale in the
prescribed Form 7(H), specifying the assets sold, price paid and the name of the
purchaser and thereafter the sale shall become absolute. The certificate of sale so
issued shall be prima facie evidence of title of the purchaser. The Competent Authority
shall take necessary action expeditiously to transfer the title and assets to the
purchaser and obtain acknowledgement in Form 7(I).
(5) Where the Competent Authority is satisfied that seized goods are
perishable and prone to rapid decay or they become outdated very fast, or may
require special arrangements and additional costs for their preservation, storage
and maintenance or are hazardous, these goods may be disposed of immediately
after seizure by the Competent Authority, after applying in Form 7(F) and
obtaining orders of the Special Court, and subject to the orders, by issuing a notice
for spot auction mentioning details of the goods for sale and the reserve price
calculated based on the extent of decay or obsolescence, on "as is where is" basis
with such other conditions as the Competent Authority may impose:
Provided that, the Competent Authority may, in an emergency, conduct spot
auction of the perishable or hazardous goods for reasons to be recorded in writing
and submit to the Special Court for ratification as soon as possible.
10. Disbursal from Absolute Account in Accordance with Special Court
Order.- (1) The Competent Authority shall make payments to claimants called for
and duly verified under the procedure prescribed in sub-section (2) of section 7 and
approved by the Special Court after following the procedure hereunder; namely:-
(a) The Competent Authority shall intimate to all claimants approved for
payments, the brief procedure of payments through a messaging service
and a public notification
(b) The Competent Authority with approval of a Nodal Officer shall issue an
order of ""penny drop"" to a public sector bank for confirmation of the
bank accounts of the approved beneficiaries and upon the receipt of the
confirmed accounts, proceed to pay the approved amount by NEFT or
RTGS to such accounts
(c) The Competent Authority shall issue individual notices to all holders of
unconfirmed or blocked or changed accounts for necessary corrections and
documents.
11. Procedure to be followed to call for claims.- (1) The Competent
Authority shall as expeditiously as possible and not exceeding sixty days from the
order of appointment under sub-section (1) of section 5 or notification under sub-
section (2) of section 3, whichever is later, submit a report of assessment of the
deposit liabilities and assets of the Financial Establishment to the Special Court in
Form 8(A).
(2) The Competent Authority shall after submitting a report in the Special
Court under sub-section (1) of Section 7, publish a notice in the public media in
English and vernacular language as applicable across the State and if required
in any other State and also publish the same on the website of the Competent
Authority and in social media in the Form 8(B), inviting claims with proper proof
to establish the same by secured creditors and depositors, in Forms 8(B2), and
8[B2(ii)] for secured creditors and Forms 8(B1) and 8[B1(ii)] by depositors along
with necessary officially valid documents; namely:-
(a) Original and attested copy of Aadhaar card including Aadhaar number
and PAN Card
(b) Original and attested copy of the Bond/ Memorandum of
Understanding/ Security Document / Deposit Contract or Certificate
/ Share Certificate / Pass Book issued by the Financial Establishment.
(c) Bank pass sheets disclosing all transactions with the Financial
Establishment for the entire relevant period, duly attested by the
concerned bank Manager.
(d) KYC details of the Bank Account of the Claimant and a copy of facing
sheet of the pass book
(e) Copies of Income Tax Returns filed for the entire period of transactions
with the Financial Establishment if any
(f) Affidavit in Form 8(C), duly notarised, swearing that the claimant is not
a Director or Promoter or Agent or Employee or otherwise a collaborator
in the activities of the Financial Establishment
(g) Certified copy of a judicial decree or order proving the claim:
Provided that, original shall mean a document which may be treated as
primary evidence as understood under section 62 of the Bharathiya Sakshya
Adhiniyama, 2023 (Central Act No 47 of 2023), and shall be of the same size,
shape, colour and material as the original and shall not be a scan printed or
masked as original.
Provided further that, attested copy shall mean a legible replica made on paper
by a photocopier or scanner but not a mobile or camera without masking any part
of the original document and shall not have any other impression other than that
found on the original document and attested by a gazetted officer or notary public
as a true copy, and a certified copy shall mean copy of a public document by
photocopier or scanner certified as true by the authorised custodian of the original
document.
(3) Notice for Claim Submission by Secured Creditors and Depositors -
(i)
In case claim or demand by successor upon death of depositor, proper
proof to be adduced in a claim would constitute the following:-
(a) where the depositor claimant has specified a nominee in the
deposit document, the claim will be paid to the nominee or
successor on verification of his or her identity proof through an
officially valid document, a copy of the deposit certificate or Bond or
Agreement or Share Certificate as the case may be, including the
record of nomination issued by the Financial Establishment, a
Survivorship Certificate or Family Tree as issued by the jurisdictional
Tahsildar and proof of death of depositor from competent authority.
(b) where the claimant is not specified as a nominee in the Deposit
Certificate or Security, the claim will be paid to the legal heirs (or any
one of them as mandated by all of the legal heirs) on verification of
,-
(1) proof of death of depositor or secured creditor i.e. copy of death
certificate issued by the competent authority,
(2) Survivorship Certificate or Family Tree as issued by jurisdictional
Tahsildar
(3) Photograph and KYC of,-
(a) all legal heirs; and
(b) Affidavit of declaration by claimant in Form 9(A)
(4) Letter of Indemnity (duly stamped) in Form 9(B).
(ii)
In cases where loans are taken on security of any assets or property
of value, retained with the Financial Establishment, and such loanees
claim return of the said assets, the balance loan payable shall be
valued by the Competent Authority and on return of the same with or
without interest thereon, as per directions of the Special Court, the
asset or property may be returned after verification of ownership and
/ or title and in case of death of such claimant, the procedure in rule
11(3)(i) shall be followed.
(iii) In cases where the depositor or claimant is a Non-Resident Indian,
who is not able to come India to execute formalities, he or she may,-
(a) execute the documents in the country of residence, in the presence
of officials of any foreign office of an Indian Bank and submit the
same through an authorised representative; or
(b) execute the documents in the presence of Indian Embassy officials
in the country of residence and where necessary, submit
the
document to the Stamps and Registration authorities for payment of
stamp duty as per rules in India; or
(c) execute a valid Power of Attorney (POA), in the name of his
representative in India, duly attested by the Indian Embassy officials
in the country of residence and submit all documents through such
POA holder or successor.
(iv)
In case of death of a Non Resident depositor or claimant, the death
certificate which is attested or certified by any of the following shall
be accepted by the Competent Authority for processing the claim -
(a) Notary Public in the country where death has occurred or
(b) Indian Embassy or High Commission in the country where death
has occurred
(c) Embassy or High Commission of the country where death has
occurred, stationed in India
(v)
The assets of the deceased NRI depositor or claimant should be settled
to the successors or legal heirs as per the Personal Law of succession
(Hindu, Muslim, Christian or any other community) applicable to the
depositor. This shall be irrespective of whether the claimant happens to
be a resident Indian, NRI (Non Resident Indian), PIO (Person of Indian
Origin) or a foreign national:
Provided that, if any Indian court order or legal representation is obtained, the
proceeds should be settled as ordered by the Court or legal representation if it is
a Succession Certificate or Certificate of Inheritance or Letter of Administration
and in the case of a foreign court order, ancillary orders or resealing shall be
obtained from a competent Indian Court under section 228 of the Indian Succession
Act, 1925 (Central Act No 39 of 1925) Further, any Will within the meaning of sub-
section (h) of section 2 of the Indian Succession Act, 1925 (Central Act No 39 of
1925) shall be acceptable only when probated by a competent court in India and a
Will probated by a foreign court shall be accepted only if Letter of Administration is
issued by a competent court in India:
Provided further that, foreign nationals shall not be accepted as sureties while
obtaining Letter of Indemnity as they are not governed by Indian law.
Provided also that, claims or deposits denominated in foreign currency shall
be valued in Indian currency at the exchange rate as on date of deposit or claim, as
the case may be.
(vi)
In case the depositor is missing or untraceable and the claim is made
by a successor or nominee, the settlement of claims in respect of
such missing persons would be governed by the provisions of section
110 or 111 of the Bharatiya Sakshya Adhiniyam, 2023(Central Act No 47
of 2023).
(a)
Where declaration by competent court is produced, the Competent
Authority shall consider the claim for settlement after following
the procedure laid down in Rule 11(3) (i) (a) and
(b)
where a person is missing for the last seven years and moreover,
where declaration or certificate from competent court is not
produced, the Competent Authority shall consider the claim for
settlement on receipt of,-
(i) copy of FIR filed with the jurisdictional police, final report
issued by police authority stating that the persons is not
traceable; and
(ii) Letter of Indemnity along with two sureties before the
jurisdictional Tahsildar for the value of the amount settled.
12. Report by Competent Authority.- (1) The Competent Authority shall
within thirty days from the last date of the receipt of the claims, digitise the data
provided by the claimant in Forms 8(B1), 8(B1)(i), 8(B2), 8(B2)(i) and 8(C) as the
case may be, into the format approved by the Nodal Officer and verify and assess
on the basis of proper proof as laid down in sub-section (2) of section 7 and in
rule 11 hereunder, every claim , following a four stage process, firstly, by verification
of identity and address of the claimant based on officially valid documents attached,
secondly, by matching of the personal particulars of the depositors from the
depositors’ database seized from the Financial Establishment, where available, with
the particulars received in the claim applications and computing the correct claim
amount, thirdly, by verifying the entries in the acceptable documents of proof of
claims attached with the entries in the claim form and finally, by verifying the
claimed amount against depositors’ database where available.
(2) The Competent Authority, if necessary, shall call for additional
documents of proof from the claimants and any institution or person if required
within fifteen days, and prepare a list of depositors containing their names,
contact details, KYC, along with data on the amounts deposited to the account of
the Financial Establishment, received from the account of the Financial
Establishment, treating the interest payments as principal repaid. Further, the
Competent Authority shall record in the said list, the amount claimed and the
amount admissible as claim for disbursal.
(3) All finalised claims shall be reported to the Special Court and published
on the website of the Nodal Officer and maintained as permanent record if
approved by the Special Court:
Provided that, where the amount claimed is not precise due to any contingency
or other reason, the Competent Authority shall make the best estimate of the
amount of the claim based on the information available with him.
Provided further that, the said Authority may require any creditor or the
Financial Establishment or any other person to produce any other document or
evidence which he thinks necessary for the purpose of verifying the whole or any
part of any claim and if such verification requires a revision, the said Authority
shall revise the amounts of claims admitted, including the estimates of claims as
soon as may be practicable, particularly when he comes across additional
information warranting such revision
Provided also that, if the claims have already been reported to the Special Court
and orders obtained thereon, the Competent Authority shall report the revised claims
with reasons for such revision, to the Special Court and seek modified orders subject
to which, revision shall be made in the permanent
record and all physical documents related to the claims shall be made permanent
record of the office of the said Authority as per procedure laid down in the
Karnataka State Public Records Act, 2010 (Karnataka Act 09 of 2011)and rules made
thereunder.
(4) A comprehensive report as provided in Section 8 shall be made by the
Competent Authority and verified and approved by the Nodal Officer and submitted
to the Special Court within sixty days of finalizing the claims based on,-
(a) seizure reports made by the Investigating Officer of the Investigating
Agency;
(b) amounts received out of liquidation of all seized properties and assets;
(c) forensic Audit Report by appointed Forensic Auditor and actionable
intelligence on money trail therefrom;
(d) report of authorised appointed Valuers on all seized properties yet to be
liquidated;
(e) assessment of any amounts receivable by;
(i) procedures filed under malafide transfers as provided in section 13
and
(ii) liquidation of assets reported by informants under section 21A
(f) assessment of any amounts receivable from seized assets which are sub-
judice or amounts payable due to additional delayed claims which are
sub-judice; and
(g) including details of the assessment and verification process, a statement
on the total number of claims received, number of claims admitted and
the number of claims rejected or partially allowed along with reasons
for the same, and thereby, the total amount of claim amount proposed
to be disbursed and the amount available or which is likely to be available
from the realization of the attached assets. The report shall also include
a plea to permit the disbursal of approved claimed amounts where
available, proportionally
according
to principles of equitable
distribution.
13. Procedure for Competent Authority in Summary Suits under Order
37 of Code of Civil Procedure 1908.- (1) Where documents such as a bill of
exchange, hundis, and promissory notes and suits in which the Competent
Authority as plaintiff seeks only to recover a debt or liquidated demand in money
payable by the defendant, with or without interest, arising out of a written contract;
or with respect to an enactment as in sub-section (5) of section 12 or sub-section
(2) of section 13, where the sum sought to be recovered is a fixed sum of money
or like a debt other than a penalty; or on a guarantee, where the claim is in
respect of a debt or liquidated demand, and all such
matters where there is need for expeditious hearing and disposal of the suit to
prevent unreasonable obstruction by the defendant or likelihood of frivolous and
vexatious defence, or the defendant is likely to defeat the socially beneficial
purpose of the Act by deliberate evasive actions or where malafide transfers have
taken place as provided under section 13, the Competent Authority may file a
summary suit for recovery in the Special Court.
(2) The Competent Authority as plaintiff while litigating a summary suit
shall ensure the following, namely:-
(i)
The suit shall contain all the necessary details of the claim, including
the nature of the claim, the exact amount claimed, and the grounds for
the claim;
(ii)
The plaintiff must provide a particular averment that the complaint is
being filed following Order 37 of the Code of Civil Procedure, 1908
(Central Act No 05 of 1908);
(iii)
The summary suit under Order 37 of the Code of Civil Procedure,
1908(Central Act No 05 of 1908) shall be filed within the period
as provided in the Limitation Act, 1963(Central Act No 36 of 1963);
(iv)
The plaintiff must serve upon the defendant at the address provided
by him, a notice to appear in court along with a copy of the plaint; and
(v)
If the defendant sends to the plaintiff a notification of presence or appears
in court, the plaintiff shall then issue a summons for judgement in Form
4A in Appendix B of the Code of Civil Procedure, 1908(Central Act No 05
of 1908) on the defendant containing inter alia an affidavit certifying
the basis of action and the sum claimed and indicating that there is no
defence to the suit in the plaintiff's opinion.
14. Procedure for attachments of properties of malafide transferees-
(1) Where the Competent Authority while filing a report under section 8 or otherwise,
is satisfied that the amount of assessed and verified claim exceeds the realisable value
of seized assets, the Authority shall collect market intelligence and have the money
trail of deposits re-examined by an approved Forensic Auditor or Digital Forensics
expert and re-visit all actionable intelligence provided by informants or whistle
blowers under section 21A and identify all transfers of assets and property of value
which for reasons to be specified, the Competent Authority believes to be malafide
transfers because, -
(i)
the transfer is made within the relevant period or after the legal
processes against the Financial Establishment have begun;
(ii)
the transfer is not made or believed to be not carried out with due
care, prudence and attention required in the ordinary course of the
business of the Financial Establishment or of its Directors, promoters,
agents, employees or other connected persons;
(iii)
the transfer is not made for proper consideration as determined by
the market value of the property as computed from the records of
relatively recent similar transactions in the general vicinity of the
property available with the jurisdictional Sub-Registrar;
(iv)
the transfer is made by a gift or bill of exchange or hundi or as an
unsecured loan or through a promissory note for improper consideration
or is an undervalued transaction;
(v)
the transfer is made in violation of provisions under sections 269SS,
269ST and / or 269T of the Income Tax Act, 1961(Central Act No 43 of
1961) {or provisions under sections 269, 270 & or 271 of the Income Tax
Act, 2025 (Central Act 30 of 2025) } or relevant provision as and when
amended;
(vi)
the transaction leading to the transfer is deliberately entered into with
the objective of depriving the depositors or results in the unjust
enrichment of a few depositors to the deprivation of a majority of
depositors;
(vii)
the transaction leading to the transfer is against the interest of the
deprived depositors in relation to their claims or results in their
continued deprivation due to claims made by the same persons on
certain accounts who have already received unjust enrichment on
other accounts;
(viii)
the transfer is made by a Director, Promoter, Office Bearer,
Accountant, Agent or Partner of the Financial Establishment or former
directors, partners, promoters who have demitted or resigned from
establishment provided their liability is limited to the period of office
and their actions are afflicted by any of the aspects in clauses
(i) to (vii) above; and
(ix)
the transferee being a Director, Promoter, Office Bearer, Accountant,
Agent or Partner of the Financial Establishment or former directors,
partners, promoters who have demitted or resigned
from
establishment provided their liability is limited to the period of office
or such persons who have colluded with the Financial Establishment
by receiving unjust enrichment thereby keeping assets of the
Financial Establishment beyond the reach of those deprived
depositors entitled to make claims on such assets.
(2) In such cases, the Competent Authority shall collect the details and issue
an order of debit freeze or freeze on further transactions as provided in rule 4.
(3) Thereafter, the Competent Authority shall proceed to file a summary suit
for recovery and attachment with an affidavit in the Special Court as per
procedure in rule 13.
15. Security in lieu of attachment.- At any time after an order of
attachment under sub-section (2) of section 3, and before the order making the ad
interim attachment absolute is passed by the Special Court, if any person
aggrieved by such ad-interim attachment applies to the Special Court to set aside the
attachment by providing security in lieu of the property attached:
provided that, such application shall not be admissible if the subject property
falls under section 13 and is believed to be a malafide transfer or if the applicant is
believed to be a malafide transferee, the Special Court shall,-
(a)
issue notice to the Competent Authority providing an opportunity of being
heard and to file any objection on such security.
(b)
order for the valuation report of such property or security by an
approved valuer.
(c)
after considering the objections of the Competent Authority and the
valuation report mentioned in clause (b), pass suitable orders and if such
order is to accept the security in lieu of the property under attachment, the
money value of the security shall be ordered to be deposited to the
absolute account of the competent authority, subject to further orders
of the special court
16. Procedure for administration of property attached - Where the
Competent Authority believes that, any subject property has occupants with legal
arrangement or agreement for consideration enforceable by law or where such
property is being utilized for public services, financial services, any socially beneficial
service or commercial service and such activities or services if terminated abruptly
would affect public interest in general or the interest of any claimants, or cause unjust
loss to legally secured occupants, the Competent Authority shall file an application
stating the reasons why such property should be administered under the control of
the authority so that the interests of depositors are not adversely affected and at
the same time the legal arrangement is not abruptly disrupted or the public are not
abruptly deprived of the service. Based on the orders of the Special Court the
Competent Authority shall take all necessary steps for the continuation of
administration from the date of such order till liquidation of the property attached,
subject to the following; namely:-
(1)
The activities and services shall be maintained at the bare minimum
and for the minimum period only subject to the orders of the Special
Court and provided such services and activities do not amount to any
violation of any law for the time being in force.
(2)
Administration within the meaning of section 15 shall mean and include
management and control over the personnel, finances, bank accounts, and
maintenance of facilities and assets as per the law for time being in
force.
(3)
The Competent authority may propose as Administrator, any suitable
serving government officer not below the rank of Sheristedar
depending on the value of the asset, or a suitable and competent
contract employee of the office of the Nodal Officer who has
experience in such activities.
(4)
While approving an administrator for any such property, the Special Court
shall on the application of the Competent Authority or other authority, as
the case may be, also approve the costs including office expenses,
conveyance expenses, maintenance, upkeep and security expenses, legal
expenses and remunerations as required in addition to the reasonable
operating costs and any sums providing for maintenance and legal
expenses for the interested person and his family or any business
interest not falling under section 13 or discharge of any liability that the
Special Court may, after giving an opportunity to the Competent Authority,
approve, and make just and reasonable order, out of the proceeds of the
attached property:
Provided, that such sums in total shall not exceed the proceeds accruing
from the attached property and the balance shall be remitted to the absolute
account of the Competent Authority at such intervals as the Special Court may
approve.
17. Competent Authority to assist Special Public Prosecutor- The
Competent Authority and Nodal Officer shall render all such assistance to the
Special Public Prosecutor in conducting the cases in the Special Court, as may
be required:
Provided that, such assistance shall be limited to legal research, clerical and
ministerial assistance, logistics support and payments of legal expenses and fees with
respect to the cases dealt with by the Competent Authorities and expeditious approval
of all petitions, statement of objections, processes before the Special Court and
prompt appearance in the Court as and when required and all expenses shall be
borne by the office of the Nodal Officer subject to financial provision by the
Government.
18. Repeal and Savings- (1) The Karnataka Protection of Interest of
Depositors in Financial Establishment Rules,2006 are hereby repealed:
Provided that, such repeal shall not affect;-
(a) the previous operation of the said rules or anything duly done or
suffered there under or
(b) affect any right, liability or obligation acquired, accrued or incurred
under the said rules.
(2) Any reference in any rule or order to the said rules repealed by sub-rule
(1) shall be construed as a reference to these rules.
By Order and in the name of
the Governor of Karnataka,
Dr. Vishal R
Secretary to the Government(I/c),
Finance Department
(Fiscal Reforms)
Schedule
(See Rule 2 (o) )
LIST OF FORMS
Sl.
No.
Form No.
Rule reference
Title / purpose of form
1
Form 1(A)
Rule 3(1)
Report of Nodal Officer
2
Form 1(B)
Rule 3(1)
Report of District Magistrate
3
Form 1(C)
Rule 3(1) and
Section 3(1)
Report of Police Authorities
4
Form 2(A)
Rule 3(2)
Summons to Person to Attend Enquiry in Person
5
Form 2(B)
Rule 3(2)
Proclamation Requiring Attendance of Person for
Enquiry
6
Form 2(C)
Rule 3(2)
Interrogatories
7
Form 2(D)
Rule 3(2)
Answer to Interrogatories
8
Form 2(E)
Rule 5(3)
Application / petition seeking a search warrant
for residential accommodation
9
Form 3(A)
Rule 3(2)
Order for Affidavit as to Documents
10
Form 3(B)
Rule 3(2)
Affidavit as to Documents
11
Form 3(C)
Rule 3(2)
Order to Produce Documents for Inspection
12
Form 3(D)
Rule 3(2)
Notice to Produce Documents
13
Form 3(E)
Rule 3(2)
Notice to Produce (General Form)
14
Form 4
Rule 3(2)
Affidavit of Assets to be Made by Accused /
Person Complained Against
15
Form 5(A)
Rule 3(2)
Commission to Examine Person or Witness
16
Form 5(B)
Rule 3(2)
Commission for a Local Investigation, or to
Examine Accounts
17
Form 5(C)
Rules 3(2)
and 7(2)
Summons for Appearance and Production of
Documents under Section 3(1a) read with Section
6(2)(c) to Banks and NBFCs
18
Form 5(D)
Rules 3(2)
and 7(2)
Summons for Appearance and Production of
Documents under Section 3(1a) read with Section
6(2)(c) to Promoters, Directors, Employees,
Agents, etc., of the Financial Establishment
19
Form 5(E)
Rules 3(2)
and 7(2)
Summons for Appearance and Production of
Documents under Section 3(1a) read with Section
6(2)(c) to Beneficiaries of Suspect / Mala Fide
Transactions with the Financial Establishment
20
Form 6
Rule 3(4)
Ad-interim Order of Attachment
21
Form 6(A)
Rules 5(1)
Order for entry, inspection, search, and seizure.
22
Form 6(B)
Rule 5(1)
Inventory
23
Form 6(C)
Rule 5(1)
Panchnama
24
Form 6(D)
Rule 5(2)_
Possession order (for immovable Property)
Sl.
No.
Form No.
Rule reference
Title / purpose of form
25
Form 7(A)
Rule 7(2)
Possession Certificate for Immovable Assets
26
Form 7(B)
Rule 7(2)
Possession Certificate for Movable Assets
27
Form 7(C)
Rule 7(2)
Possession Certificate for Documents and
Records
28
Form 7(D)
Rule 8(2)
Order of Transfer of Marketable Securities
29
Form 7(E)
Rule 9(4)
Format of Notice of Sale by Auction under Section
6(2)(f)
30
Form 7(F)
Rule 9(5)
Application for Disposal of Perishable Goods
31
Form 7(G)
Rule 9(3)
Sale Confirmation Advice
32
Form 7(G)(i)
Rule 9(3)
Notice of Penalty and Confiscation of Deposit
33
Form 7(G)(ii)
Rule 9(3)
Order of Confiscation of Deposit
34
Form 7(H)
Rule 9(4)
Certificate of Sale
35
Form 7(I)(i)
Rule 9(4)
Acknowledgement for Receipt of Title Deeds
36
Form 7(I)(ii)
Rule 9(4)
Acknowledgement for Receipt of Moveable Goods
37
Form 7(J)
Rule 9(5)
Notice for Sale by Private Treaty
38
Form 8(A)
Rule 11(1)
Report of Competent Authority under Section
7(1) of the Act
39
Form 8(B)
Rule 11(2)
Public Notice inviting claims under Section 7(2)
of the Act
40
Form 8(B1)
Rule 11(2)
Claim Application Form under Section 7(2) of the
KPIDFE Act
41
Form 8[B1(i)]
Rule 11(2)
Statement of Investment
42
Form 8(B2)
Rule 11(2)
Proof of Claim by Secured Creditors
43
Form 8[B2(i)]
Rule 11(2)
Statement of Credit and Valuation of Security
44
Form 8(C)
Rule 11(2)
Affidavit to be Filed with Claim
45
Form 9(A)
Rule 11(3)(i)(b)
Declaration by Claimant Who Is Not the Depositor
46
Form 9(B)
Rule 11(3)(i)(b)
Letter of Indemnity
Form 1(A)
[See rule 3(1)]
Report of Nodal Officer
Office of
1. Case Number:
1A. Complaint Number:
1B. Complainant / Witness Name:
1C. Address:
1D. Contact:
1E. Nature of Complaint:
2. Market Intelligence Report:
(a) Report of media and internet resources: Including but not restricted to
media publications, advertisements whether in print or electronic media
or both, inducing another person to invest in, or become a member or
participant of any scheme, social media, surveys and polls.
(b) Complaints and grievances submitted: Complaints in writing or oral,
submitted manually or online or through social media messages,
representations from legal counsel or associations authorised by
complainants in writing a(er confirming identity of the complainant and
examining necessary documents for proof.
(c) Details of the Financial Establishment: Including but not restricted to
ownership,
directors,
partners,
promoters,
agents,
employees,
subsidiaries etc.
(i) Nature of activities and permissions and regulatory compliance thereon
from competent regulatory authorities and reports of other regulatory
authorities on such activities
(ii) Financial
Schemes,
programs,
related
public
activities,
related
promotional activities, and other businesses and public activities
whether genuine or merely on record
(iii) Ownership of properties movable and immovable and record of
permissions and documentary proof and registrations of the same and
likely value of the same
(iv) Sources of income and Income Tax returns filed, financial position and
Annual Reports, Audited Accounts as well as Minutes of Board
meetings. If the FE is a regulated entity, report from the said
Regulating Authority should be obtained.
(v) Pending complaints or violations of any law on any aspect of the FE
or its office bearers with any other regulatory authorities like Consumer
Forum, Police, Tax authorities, Revenue Authorities,
Cooperative Department, Municipal authorities and actions taken on
past complaints.
3. Report of District Magistrate [If any, based on Form 1(b)]: Shall contain
a market intelligence report as indicated in (c) above and report of any other
authority to whom the task is delegated.
3A. Any other reports submitted on behalf of District Magistrate or by any
authority to whom task is delegated by Government directly or through Nodal
Officer.
4. Report of Police Authorities [if any based on Form 1(c)]
4A. FIR No:
4B. Police Station:
4C. IO Name:
4D. Sections of law invoked:
4E. Properties seized (if any) with likely value:
4F. Number of Depositors affected:
4G. Value of deposits:
4H. List of accused with names, age and address:
4I. Accused – Arrested / Charged / Released on Bail / Convicted (with
dates thereof):
4J. Charge Sheet filed date and persons charged:
4K. Additional Report of Police Authorities: If B Report or C Report is filed
or on the progress of investigation and trial
5. Details of Financial Establishment
Financial Establishment complained against:
Year established:
Registration:
Directors / Partners / Agents / Promoters:
Activities and Schemes with permissions from competent authority for each activity
/ Scheme:
Depositors:
Amount Deposited:
Properties acquired / owned by FE and its Directors & Partners:
Persons connected to FE with Name, Designation and Contact:
6. Details of accounts where debit freeze is ordered as provided under Rule 5:
Sl
Bank
Owner
Bank
Type
of Date
of
Amount
No
Account
Number
Name
with KYC
and
Branch
Account:
Current /
order
of
debit freeze
with
Code
Savings /
Term
Deposit
u/rule 5
7. Details of Properties to be Attached u/s 3(2) of the Act with justification:
Procedure: List of the properties being ad-interim attached, its approximate
value, title documents etc., along with relevant findings on the ‘Specific Issues’
for each of the various categories of the properties as follows:
(1) Whether property is acquired out of depositors’ funds: Period during which
property is acquired or agreement is entered into for acquisition, coinciding with
the period of the fraudulent scheme excluding inherited properties but not gifts.
(2) In case of the available assets created out of the depositors’ funds being
insufficient to meet the liabilities:
(i). Personal asset of promoter, partner, director, manager, member or any other
person associated with the Financial Establishment based on:
(a) The records showing the person as the office bearer, or
(b) The evidences showing his clandestine role as a person associated with
the business affairs of the Financial Establishment and he being its
beneficiary.
(c) In case the property is held in the name of some other person, the evidences
to show either flow of funds from the main person for the purchase of the
property or other person not having reliable own source of income to
purchase the property and the other person being a family member of the
main person.
(3)
Evidence of the economic status and income of the person accused before the start
of fraudulent activities from Income Tax Returns
(4)
Evidence of the legitimate business income of the FE other than financial
activities and the costs of the establishment from Audited Accounts and Tax
Returns
I. Movable Properties:
Note: Categories of Movables:
A. Cash – Liquid Cash / Cash kept in Bank Accounts
B. Goods
1. Vehicles
2. Furniture, fittings and fixtures
3. Electronic Goods
4. Electrical Goods, Accessories and Fittings
5. Computation Devices and Accessories
6. Precious Metals/ Precious Stones and Jewellery
7. Machinery & Equipment
8. Arts, Artefacts and Handicrafts
9. Other (To be specified)
C. Shares / Securities / Bonds / Debentures / Insurance
D. Intangibles like Goodwill / Copyright / Patent
E. Licensed digital content like Software / Applications
F. Virtual Digital Assets / Currency secured by cryptography
A. Cash Format
Sl
No
Type of
Cash
(Liquid or
Currency
Amount
(in Rs)
Type
Account:
Current
of
/
Location
of
seizure
KYC
Cash in
Savings
/ (if cash)
Bank)
Term
Deposit
(if
Bank
Account)
B. Goods Format
Sl
No
Category of
Goods
Item
Name
Condition Likely
Value
Location
of
seizure
Whether
having
License
or
other
Document of
Ownership
C. Shares / Securities / Bonds / Debentures / Insurance Format
Sl
No
Category of
Instrument
(Share /
Bond /
Debenture
etc)
Secured
or not
Certificate
Number
Issued
By
Company,
with
address
Name,
Folio
Number,
Number
and Types
of
the
Instrument
held
Purchase
Value
D. Intangibles like Goodwill / Copyright / Patent Format
Sl
No
Category
of
Instrument /
(Copyright
Patent etc)
Registration
and License
Number of
Registration
and License
/
Patent
Number
Issued
By
Copyright
Office
or
Indian
Patent
Office
Date
of
Registration
/ Issue
Period
of
Copyright /
Patent
E. Licensed digital content like Software / Applications Format
Sl
No
Type of
Digital
Content
(Licensed
Software
/
Application
Company
License
Number
and
Date
of
issue
Period of
License
Purchase
Value
Expiry date
F. Virtual Digital Assets / Currency secured by cryptography Format
Sl No
Type of Digital
Currency like
Bitcoin / Tether /
Ethereum /
Cardano / WazirX /
XRP
Issued
by
or
traded in Crypto
exchange
Price (in
Rs)
Wallet
to ID
User
be
(Password
masked)
II. Immovable Properties
Note: Categories of Immovable Properties
A. Land (other than agricultural lands, plantations, forests, mines and
quarries)
B. Agricultural lands other than Commercial Crop Plantations
C. Plantations and Private Forests
D. Mines & Quarries
E. Buildings
A. Lands (Non Agricultural)
Sl
No
Extent
Khata
Number
& Owner
Name
Location
and
Boundari
es
Zone
Acquisition
Document
/
Sale
Deed and
Registration,
with date
Guidanc
e Value
Purchase
Value
B. Agricultural lands
Sl
No
Extent
Survey
Number
Location Acquisition
Document /
Irrigation
and
Guidance
Value
Purchase
Value
and
Sale
Deed
Crops
Owner
and
grown
Name
Registration,
with date
C. Plantations and Private Forests
Sl
No
Extent
Survey
Number
Location Acquisition
Document /
Commercial
Crop /
Guidance
Value
Purchase
Value
and
Sale
Deed
Trees
Owner
and
Grown
Name
Registration,
with date
D. Mines and Quarries
Sl
No
Extent
Survey
Number
&
Owner
Name
Location Acquisition
Document /
Sale Deed &
Registration,
with date
Mining /
License &
Lease
Lessee
Minerals
mined
with
annual
quantity
Purchase
Value
E. Buildings
Sl
No
Type
of
Building
FAR
Use
Acquisition
Document /
Khata /
E
Facilities
Purchase
Value
Sale Deed &
Swattu
Registration,
with date
Form 1(B)
[See rule 3(1)]
Report of District Magistrate
Office of ______________________________
1. Case Number:
1A. Complaint Number:
1B. Complainant / Witness Name:
1C. Address:
1D. Contact:
1D. Nature of Complaint:
2. Market Intelligence Report:
3. Report of Inquiry Authority:
Financial Establishment complained against:
Year established:
Registration:
Directors / Partners / Agents / Promoters:
Activities and Schemes with permissions from competent authority for each activity
/ Scheme:
Depositors:
Amount Deposited:
Properties acquired / owned by FE and its Directors & Partners:
Persons connected to FE with Name, Designation and Contact:
4. Details of Properties to be Attached under sub-section (2) of section 3 of the
Act with justification:
Procedure: List of the properties being ad-interim attached, its approximate
value, title documents etc., along with relevant findings on the ‘Specific Issues’
for each of the various categories of the properties as follows:
1. Whether property is acquired out of depositors’ funds: Period during which
property is acquired or agreement is entered into for acquisition, coinciding with
the period of the fraudulent scheme excluding inherited properties but not
gifts.
2. In case of the available assets created out of the depositors’ funds being
insufficient to meet the liabilities:
(i). Personal asset of promoter, partner, director, manager, member or any
other person associated with the Financial Establishment based on:
(a)
The records showing the person as the office bearer, or
(b)
The evidences showing his clandestine role as a person associated with
the business affairs of the Financial Establishment and he being its beneficiary.
(c)
In case the property is held in the name of some other person, the evidences
to show either flow of funds from the main person for the purchase of the
property or other person not having reliable own source of income to purchase
the property and the other person being a family member of the main person.
3.
Evidence of the economic status and income of the person accused before
the start of fraudulent activities from Income Tax Returns
4.
Evidence of the legitimate business income of the FE other than financial
activities and the costs of the establishment from Audited Accounts and Tax
Returns I. Movable Properties:
Note: Categories of Movables:
A. Cash – Liquid Cash / Cash kept in Bank Accounts
B. Goods
1. Vehicles
2. Furniture, fittings & fixtures
3. Electronic Goods
4. Electrical Goods, Accessories and Fittings
5. Computation Devices and Accessories
6. Precious Metals/ Precious Stones and Jewellery
7. Machinery & Equipment
8. Arts, Artefacts and Handicrafts
9. Other (To be specified)
C. Shares / Securities / Bonds / Debentures / Insurance
D. Intangibles like Goodwill / Copyright / Patent
E. Licensed digital content like Software / Applications
F. Virtual Digital Assets / Currency secured by cryptography
A. Cash Format
Sl
No
Type of
Cash
Currency
Amount
(in Rs)
Type
Account:
of Location
of
KYC
(Liquid or
Current
/ seizure
Cash in
Savings
/ (if cash)
Bank)
Term
Deposit
(if
Bank
Account)
B. Goods Format
Sl
No
Category of
Goods
Item
Name
Condition Likely
Value
Location
of
seizure
Whether
having
License
or
other
Document of
Ownership
C. Shares / Securities / Bonds / Debentures / Insurance Format
Sl
No
Category of
Instrument
(Share /
Bond /
Debenture
etc)
Secured
or not
Certificate
Number
Issued
By
Company,
with
address
Name,
Folio
Number,
Number
and Types
of
the
Instrument
held
Purchase
Value
D. Intangibles like Goodwill / Copyright / Patent Format
Sl
No
Category
of
Instrument /
(Copyright
Patent etc)
Registration
and License
Number of
Registration
and License
/
Patent
Number
Issued
By
Copyright
Office
or
Indian
Patent
Office
Date
of
Registration
/ Issue
Period
of
Copyright /
Patent
E. Licensed digital content like Software / Applications Format
Sl
No
Type of
Digital
Content
(Licensed
Software
/
Application
Company
License
Number
& Date
of
issue
Period of
License
Purchase
Value
Expiry date
F. Virtual Digital Assets / Currency secured by cryptography Format
Sl No
Type of Digital
Currency like
Bitcoin / Tether /
Ethereum /
Cardano / WazirX /
XRP
Issued
by
or
traded in Crypto
exchange
Price (in
Rs)
Wallet
to ID
User
be
(Password
masked)
II. Immoveable Properties
Note:
A. Land (other than agricultural lands, plantations, forests, mines and
quarries)
B. Agricultural lands other than Commercial Crop Plantations
C. Plantations and Private Forests
D. Mines & Quarries
E. Buildings
A. Lands (Non Agricultural)
Sl
No
Extent
Khata
Number
Owner
Location &
Boundaries
Zone
Acquisition
Document /
Sale Deed &
Guidance
Value
Purchase
Value
Name
Registration,
with date
B. Agricultural lands
Sl
No
Extent
Survey
Number
Location Acquisition
Document /
Irrigation
& Crops
Guidance
Value
Purchase
Value
&
Owner
Sale Deed &
Registration,
grown
Name
with date
C. Plantations and Private Forests
Sl
Extent
Survey
Location Acquisition
Commercial
Guidance
Purchase
No
Number
&
Document /
Sale Deed &
Crop /
Trees
Value
Value
Owner
Name
Registration,
with date
Grown
D. Mines & Quarries
Sl
No
Extent
Survey
Number
&
Owner
Name
Location Acquisition
Document /
Sale Deed &
Registration,
with date
Mining /
License &
Lease
Lessee
Minerals
mined
with
annual
quantity
Purchase
Value
E. Buildings
Sl
Type
of FAR
Use
Acquisition
Khata /
Facilities
Purchase
No
Building
Document /
Sale Deed &
E
Swattu
Value
Registration,
with date
List of the properties being ad-interim attached, its approximate value, title
documents etc., along with relevant findings on the ‘Specific Issues’ for each of
the various categories of the properties as follows:
i. Property acquired out of depositors’ funds: The relevant bank account used for
the payment of money to the vendor and at least few transactions showing the
payment of depositors’ funds to the said Bank Account. Alternatively, the
relevant oral evidences if the property is purchased out of cash. Provided that
the term property includes the amount of depositors’ funds liable for attachment
when it is not feasible or practical to identify the equivalent property at the stage
of ad-interim attachment. ii. In case of the available assets created out of the
depositors’ funds being insufficient to meet the liabilities: 1. Property standing
in the name of Financial Establishment.
2. Personal asset of promoter, partner, director, manager, member or any other
person associated with the Financial Establishment based on:
a. The records showing the person as the office bearer, or
b. The evidences showing his clandestine role as a person associated with the
business affairs of the Financial Establishment and he being its beneficiary.
c. In case the property is held in the name of some other person, the evidences
to show either flow of funds from the main person for the purchase of the property
or other person not having reliable own source of income to purchase the
property and the other person being a family member of the main person.
Form 1(C)
[See rule 3(1) and section 3(1)]
Report of Police Authorities
Office of
1. Case Details:
1A. Complaint Number:
1B. Complainant / Witness Name:
1C. Address:
1D. Contact:
1D. Nature of Complaint:
2. Report
2A. FIR No:
2B. Police Station:
2C. IO Name:
2D. Sections of law invoked:
2E. Number of Depositors affected:
2F. Value of deposits:
2G. List of accused with names, age and address and details of action taken:
(i) Accused – Arrested / Charged / Released on Bail / Convicted (with dates
thereof):
(ii). Properties seized (if any) with likely value:
2H. Charge Sheet filed date and persons charged:
3. Additional Report of Police Authorities: If B Report or C Report is filed or on the
progress of investigation, filing of charges, framing of charges and trial (Quarterly)
Form 2(A)
[See rule 3(2)]
Summons to Person to Attend Enquiry in Person
Office of
To
WHEREAS
your
attendance
is
required
to
…………….........................................................................
......................................................................................................................
in the above inquiry under provisions of the Karnataka Protection of Interests
of Depositors Act 2004 and Rules 2006, you are hereby required personally to
appear before this Authority or before the Commission appointed by this
Authority on the .............................. day of
…................................
20……….., at .............................. AM / PM,
If you fail to comply with this order without lawful excuse, you will be subject to
the consequences of non attendance laid down in rule 12 of Order XVI of the
Code of Civil Procedure, 1908.
GIVEN under my hand and the seal, this
…..................................
day of
................. 20 ......
(Name &Designation of
Authority)
NOTE—(1) If you are summoned only to produce a document and not to give
evidence, you shall be deemed to have complied with the summons if you cause
such document to be produced before this authority on the day and hour
aforesaid in the format specified.
Form 2(B)
[See rule 3(2)]
Proclamation Requiring Attendance of Person for Enquiry
Office of _____________________________________________
To
WHEREAS it appears from the examination of the RPAD returned, that the
summons could not be served upon the witness in the manner prescribed by
law/ summons has been duly served but witness has failed to comply / witness
has refused the summons;
AND whereas it appears that the evidence of the witness is material, and he
absconds and keeps out of the way for the purpose of evading the service of the
summons:
This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil
Procedure, 1908, issued requiring the attendance of the witness in this Court
on the .............. day of ................ 20....... at ......... AM/ PM and from day to day
until he or she shall have leave to depart; and if the witness fails to attend on
the day and hour aforesaid he will be dealt with according to law.
GIVEN under my hand and the seal of the Court, this ................. day of
.......................... 20 …………
(Name &Designation of Authority)
Form 2(C)
[See rule 3(2)]
INTERROGATORIES
Case Number:
Complaint Number:
Complainant / Witness Name:
Address:
Contact:
Financial Establishment complained against:
Persons connected to FE with Name, Designation and Contact:
Interrogatories for the examination of the Complainant / Witness / Accused:
Name:
FE:
Designation:
Address:
Contact:
1.
Answer:
2.
Answer:
Date:
(Name &Designation of Authority)
Form 2(D)
[See rule 3(2)]
ANSWER TO INTERROGATORIES
Office of
Case Number:
Complaint Number:
Financial Establishment complained/ reported against:
Name of Complainant / Witness / Accused:
Address:
Contact:
The answer of the Complainant / Witness / Accused, to the interrogatories for
his examination by this Authority:
In answer of the said interrogatories, I, the above-named Complainant / Witness
/ Accused make oath and say as follows: —
1.
2.
(Enter answers to interrogatories in paragraphs numbered consecutively.)
3. I object to answer the interrogatories numbered
on the ground
that [state grounds of objection]:
Date:
Name:
Signature:
FORM-2E
[See proviso to rule 5(3)]
Application / petition seeking a search warrant for residential accommodation
IN THE COURT
, AT BENGALURU (CCH - 92)
NO.
Office of
MOST RESPECTFULLY SHOWETH:
1. It is submitted that, the Competent Authority is a duly constituted
authority appointed by the Government of Karnataka in exercise of its
powers under section 5(1) of the Karnataka Protection of Interest of
Depositors in Financial Establishments Act 2004 (hereinafter referred as
‘KPIDFE Act’ for short), as per its notification bearing No.
dated
. A copy of the appointment notification is
herewith produced and marked as ANNEXURE – A.
2. That the Competent Authority has strong reason to believe that certain
unlawful activities/ evidence/ items (explain the irregularities and the
necessity for entering the premises)
are
present
at
the
residential accommodation located at
.
3. That the said residential accommodation is not a place of business cum
residence, and is purely being used as a residence.
4. That despite repeated attempts, the residents have denied access to the
petitioner and/or concerned authorities to inspect the premises.
5. That under section 4(2) of the Act, the competent authority is entitled to seek
the issuance of a search warrant for conducting a search in the
aforementioned premises.
6. That granting such a search warrant is in the interest of justice, and necessary
to obtain crucial evidence/investigate in the interest of
protection of
depositor’s interest.
PRAYER
In view of the foregoing, the Competent Authority most humbly prays before
this Hon’ble Court to:
a) Issue a search warrant authorizing the Competent Authority to enter and search
the residential accommodation located at
.
b) Pass any such other orders as deemed fit and necessary in the interest of justice.
Place:
Date:
Competent Authority
Form 3(A)
[See rule 3(2)]
ORDER FOR AFFIDAVIT AS TO DOCUMENTS [Rule 3(2)]
Office of
Case Number:
Complaint Number:
Financial Establishment complained/ reported against:
Upon examining
In the matter numbered
related to the complaint /
report of
With respect to
Whereas it appears that
has in his / her
possession the following documents which are required for examination, it is
ordered that you
shall within
days from the date of this order, answer on affidavit stating which documents
are or have been in your possession or power relating to the matter in question
at your own cost.
Date:
(Name &Designation of Authority)
Form 3(B)
[See rule 3(2)]
AFFIDAVIT AS TO DOCUMENTS
Office of
Case Number:
Complaint Number:
Financial Establishment complained/ reported against:
I, the above-named
, make oath and say
as follows:
1. I have in my possession or power the documents relating to the matters in
question in this suit set forth in the first and second parts of the first schedule
hereto.
2. I object to produce the said documents set forth in the second part of the first
schedule hereto [stale grounds of objection.]
3. I have had but have not now, in my possession or power the documents
relating to the matters in question in this suit set forth in the second schedule
hereto.
4. The last-mentioned documents were last in my possession or power on. [State
when and what has become of them and in whose possession they now are.]
5. According to the best of my knowledge, information and belief I have not now,
and never had, in my possession, custody or power, or in the possession, custody
or power of my pleader or agent, or in the possession, custody or power of any
other person on my behalf, any account, book of account, voucher, receipt, letter,
memorandum, paper or writing, or any copy of or extract from any such
document, or any other documents whatsoever, relating to the matters in
question in this suit or any of them, or wherein any entry has been made relative
to such matters or any of them, other than and except the documents set forth
in the said first and second schedules hereto.
Sworn before me, etc.
Date:
Name & Signature
Form. 3(C)
[See rule 3(2)]
ORDER TO PRODUCE DOCUMENTS FOR INSPECTION
Office of
Case Number:
Complaint Number:
Financial Establishment complained/ reported against:
Upon examination of
and / or upon
reading the affidavit of
filed the
day of
20 ; It is ordered that the
do, at
all reasonable times, on reasonable notice, produce at
,
situate at
, the following documents, namely,
, and that authorized official shall be at liberty to
inspect and peruse the documents so produced, and to make notes of their
contents.
Date:
(Name & Designation of Authority)
Office of
Form 3(D)
[See rule 3(2)]
NOTICE TO PRODUCE DOCUMENTS
Case
Number:
Complaint Number:
Financial Establishment complained/ reported against:
Take notice that the [plaintiff or defendant] requires you to produce for his
inspection the following documents referred to in your [plaint or written
statement or affidavit, dated the
day of
20
[Describe documents required.]
Date:
(Name &Designation of Authority)
To:
Case Number:
Form 3(E)
[See rule 3(2)]
NOTICE TO PRODUCE (GENERAL FORM)
Office of
Complaint Number:
Financial Establishment complained/ reported against:
Take notice that you are hereby required to produce and show to this Authority,
within
days of receipt of this notice with reference to
the above complaint / case, all books, papers, letters, copies of letters and other
writings and documents in your custody, possession or power, containing any
entry, memorandum or minute relating to the matters in question, any property
held by you by way of purchase, lease, inheritance, gift, mortgage, or any agreement,
registered or otherwise, any shares, debentures or other financial instruments, any
deposits, borrowings, grants, contributions in cash or kind, any moveable
properties of purchase value exceeding Rs. 5,000 (five thousand), any copyrights
or patents along with documents thereof, any virtual digital assets / currency
secured by cryptography, licensed so(ware or web application, with user
Identification and passwords thereof, any bank accounts, fixed deposits, credit
cards, debit cards, whether individual or joint or held on behalf of a body
corporate, with eKYC details and pass book or other document thereof, with a
category wise list of the items and the value of each at the time of procurement,
the date of procurement and documentary proof of procurement.
Take notice that you shall file the above statement in the form of an affidavit as
prescribed.
Date:
(Name &Designation of Authority)
To:
Form 4
[See rule 3(2)]
AFFIDAVIT OF ASSETS TO BE MADE BY Accused / Person Complained Against
In the Office of ___________________________________________________
1. My full name is ........................................................................................... (Block Capitals)
1A.
My
address
is
1B. My age is
1C. My Aadhaar
number is
1D. My PAN Card number is
1E. My Mobile Number is
2A. My father’s name is
and he is resident of
2B. My mother’s name is
and she is resident of
3A.
I
am
married
/
single/
widower
(widow)
/
divorced
.
Name of Spouse:
(If married or divorced or
widower or widow ) Address :
3B. The following persons are dependent upon me:
Serial
number
Name
Age
Relationship
Address
4. I am educated up to
(Literate / SSLC / PUC /
Degree / Post Graduate)
5. My employment, trade or profession is/ was that of carried on by me at
and I am/ was a director / promoter / agent /
employee of the following companies / cooperatives / firms / financial
establishments / trusts / organizations:
Serial
number
Establishment /
Organization
Address Designation From
To
Gross Pay
/ Allowance
/ Salary
6. My present annual/ monthly/ weekly income, after paying income-tax, from
all sources are as follows:—
(a) From my employment, trade or profession Rs.
(b) From other sources (Specify) Rs.
6A. I live in owned / rented house; its value is Rs.
I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of
Rs.
(b) I pay as rent the annual sum of Rs.
8. I possess the following:—
(a) Banking accounts and cash and fixed deposits;
(b) Credit Card / Debit Card
(c) Stocks, shares or bonds and debentures;
(d) Life and other insurance policies
(e) Investments in mutual funds
(f) Building property; Give particulars
(g) Other immovable property
(h) Other securities;
(i) Tradeable digital tokens / media / currency secured by cryptography
(j) Software or web applications
(k) Copyrights or patents
(l) Movable Property: (i) Gold and other precious metals, Jewellery, Precious
Stones
(ii) Automobiles and crafts (for movement over land, water or air, mechanised
or non-mechanized)
(iii) Furniture, Fittings and Fixtures
(iv) Electronic Goods and Fittings
(v) Electrical Goods
(vi) Computational devices and accessories
(vii) Arts and artefacts
(viii) Unused Clothing
(ix) Unused utensils and containers
(x) Machinery and Equipment
(xi) Accessories and luxury goods
9. The following debts are due to me:
A. Secured:
Amount
of
Principal
From
Date of
Due
Security
Document
Rate
of
Return
B. Unsecured
Amount
of
Principal
From
Date of
Due
Unsecured
Document
Rate
of
Return
10. My secured creditors are
Amount
of
Principal
From
Date of
Due
Security
Document
Rate
of
Return
11. I am a signatory to the following contracts and agreements:
Nature &
Purpose of
Contract
Value
With
From
To
Registration
Document
Amount
Due
12. I have attached all relevant documentary proof and records along with true
copies of the documents as in the list given below:
Sworn before me, etc.
Date:
Name and Signature
Form 5(A)
[See rule 3(2)]
COMMISSION TO EXAMINE PERSON or WITNESS
In the Office of
Case Title:
Case Number:
Financial Establishment:
To
WHEREAS the evidence of
………………………………………
Resident of
………………………………………………. is required in the above
matter; and whereas ........................................................ ;
You are requested to take the evidence on interrogatories ........................... [or viva voce]
of such witness and you are hereby appointed Commissioner for that purpose. The
evidence will be taken in the presence of the parties and their duly appointed
agents if in attendance, and you are further requested to make return of such
evidence as soon as it may be taken.
Process to compel the attendance of the witness will be issued by this authority
on your application.
GIVEN under my hand and seal, this .………………… day of ………………………….
20 ……...
Competent Authority
Form 5(B)
[See rule 3(2)]
COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE
ACCOUNTS
In the Office of
Case Title:
Case Number:
Financial Establishment:
To
WHEREAS it is deemed requisite, for the purposes of this case, that a
commission for the purpose of
.........................................................................................................................
................... should be issued; You are hereby appointed Commissioner for the
said purpose of .............................................................
Process to compel the attendance before you of any witnesses, or for the production
of any documents whom or which you may desire to examine or inspect, will be
issued on your application.
GIVEN under my hand and the seal of the Court, this ...................................... day
of ............................ 20.....
Competent Authority
Form 5(C)
[See rule 3(2) and 7(2)]
(Summons for Appearance and Production of Documents under Section
3(1a) R/w 6(2)(c) to Banks and NBFCs)
Office of
Dated:
Whereas a complaint has been received against
representing a Financial Establishment for taking deposits and or default and
/ or registered against the financial entity
and its Directors /
Promoters / Agents / Employees
in Crime No.
of
for
commission of the offences punishable under Section
of BNS, Section
of the Prize Chits and Money Circulation Schemes (Banning) Act 1978,
Section
of Chit Fund Act, 1982. and Section 9 the Karnataka Protection of
Interest of Depositors in Financial Establishment Act, 2004 (Karnataka Act 30 of
2005) .
And whereas, by virtue of appointment of this office by Government of
Karnataka as the Competent Authority for the said financial establishment
under Section 5(1) of the Karnataka Protection of Interest of Depositors in
Financial Establishment Act, 2004 (Karnataka Act 30 of 2005), vide notification
No.
issued by the Government of Karnataka and under section 5(1A),
notifying the undersigned as the Officer to assist the Competent Authority in
discharge of its functions under the Act vide Notification No.
.
And whereas, vide Section 3 of the Karnataka Protection of Interest of
Depositors in Financial Establishment Act, 2004 (Karnataka Act 30 of 2005), this
authority is empowered to suo moto or based on the market intelligence reports
or Police Authority on receipt of any complaint, to investigate or cause
investigation of a complaint or fraudulent transaction through its functionaries,
collect the information regarding the properties and money believed to have
been acquired by any financial establishment, from public or organizations or
other institutions as deemed appropriate.
And whereas the Reserve Bank of India has issued “SOP for information sharing
with Law Enforcement Agencies and Intelligence Agencies as updated on
30.05.2024”.
You are hereby summoned to appear before the undersigned on the day of
20 at
to produce following information with regard to the
below stated Bank Accounts and Branches of your Bank:
A) Information Regarding:
I. Name of the Bank:
II. Bank Account Number and/or Name of the Bank Account Holder:
III. Whether Lien/Freeze to be marked:
IV. In case of Lien, the amount for which Lien to be marked: V. Section(s)/Act(s)
under which notice issued:
VI. Name, contact number, email id of the investigating/intelligence
officer:
VII. Address (email/physical) on which information is expected to be
received: B) Additional Information (Optional):
I. Name and IFSC of the Branch:
II. Details of the Transaction:
III. Date/Period of the Transaction:
C) Required Information”
(I) Digital:
(i) e-Statements of accounts
(ii) Transaction details
(iii) Net banking logs
(iv) Credit Card and Debit Card Logs,
(II) Physical:
(i) KYC: including (a) Name (b) Photo (c) Address (d) Mobile Number (e) PAN (f)
Last 4 digits of UID or Aadhaar Number.
(ii) Account Opening Forms
(iii) Statement of Accounts and Payee
- Beneficiary details for each of the
transactions in the Bank statements.
Note: The information on payee beneficiary details may be provided under the
following categories:
A. Debit side information;
a. Details of NEFT/RTGS beneficiaries bank accounts and their names;
b. Details of cheque beneficiaries bank accounts and their names;
c. Details of Cash transactions with the names of the beneficiaries;
d. Details of electronic bulk transfer beneficiaries.
B. Credit side information:
a. Details of cheque remitters bank account and names;
b. Details of NEFT/RTGS remitters bank accounts and names;
c. Total Cash deposits details.
C. Account-wise and Year-wise summary of above categories to be
also provided. (iv) Loan Applications, Sanction Letters, Loan
documents, and Loan appraisals
Note: The above information for the aforementioned bank accounts is required
for the period from the opening till the stoppage of operations of the said Bank
accounts.
You are further instructed to appear on the above-mentioned date and not to
depart thence without leave of the undersigned, and you are hereby warned
that, if you shall without just excuse neglect or refuse to appear on the said date,
a warrant may be issued to compel your attendance. Please note that whatever
information can be made available till the above-mentioned date, should be
provided on that day. In case, some information cannot be made available on the
above-mentioned date, then a reasonable schedule for providing the same may
be submitted on that day along with reasons.
Please note you may produce the necessary documents, as above, through your
authorized representative, instead of attending personally to produce the same.
Given under my hand and designation on ……………………
Competent Authority
Dated:
Place:
Form 5(D)
[See rule 3(2) and 7(2)]
[Summons for Appearance and Production of Documents under Section 3(1a)
R/w 6(2)(c) to Promoters, Directors, Employees Agents etc., of the Financial
Establishment]
1. Whereas a complaint has been registered under various provisions of the IPC
as well as section 9 of Karnataka Protection of interest of depositors in financial
Establishment Act 2004against the Financial entity
(name of the financial
entity) and against yourself, being Chief Promoter/ MD/ director /president
/former director, partner, promotor / other person connected with
affairs of the said Financial Establishment, for un-authorized collection
deposits from the public and for default in returns of the principal amount as well as
assured returns thereon.
2. Whereas, by virtue of appointment of this office by Government of Karnataka
as the Competent Authority for the above-mentioned Financial establishment
under section 5(1) of the Karnataka Protection of Interest of Depositors in
Financial Establishment Act, 2004 (Karnataka Act 30 of 2005), vide GO:
Dated:
.
3. Whereas, the Competent Authority has been conferred the powers of a Civil
Special Court under section 3(1a) of the the Karnataka Protection of Interest of
Depositors in Financial Establishment Act, 2004 (Karnataka Act 30 of 2005) as
regards enforcing the attendance of any person for examining him on oath and
for compelling the production of records etc.
4. Therefore, you are hereby summoned to appear before the undersigned on
the day of at
for providing information & for production of
records pertaining to collection of deposit amounts from the public and
balance to be payable to them including the evidences to establish the same as
well as any other concerning matter related to the said complaint , and not to
depart thence without leave of the undersigned, and you are hereby warned
that, if you shall without just excuse neglect or refuse to appear on the said
date, a warrant may be issued to compel your attendance.
Given under my hand and designation, on
.
Competent Authority, Bengaluru.
To,
Form 5(E)
[See rule 3(2) and 7(2)]
(Summons for Appearance and Production of Documents under Section 3(1a)
read with section 6(2)(c) to Beneficiaries of Suspect/ Malafide Transactions
with the Financial Establishment)
Office of
Whereas a complaint has been registered against the financial entity viz.,
and its chief promoters viz.
and others in Crime No.
of
Police Station, for commission of the offences punishable under Section
of The Prize chits and Money Circulation Schemes (Banning) Act 1978
/Chit Fund Act, 1982 and Section
of IPC and section 9 of the
Karnataka Protection of Interest of Depositors in Financial Establishment Act,
2004 (Karnataka Act 30 of 2005).
And whereas, by virtue of appointment of this office by Government of Karnataka
as the Competent Authority for the said financial establishment under Section
5(1) of the Act vide notification no.
, and by virtue of the
notification No.
issued by the Government of Karnataka under section
5(1A) of the Act, notifying the undersigned as the Officer to assist the Competent
Authority in discharge of its functions under the Act.
You are hereby summoned to appear before the undersigned on the day of ……
at ……., to produce such document or thing or to testify what you know about
your financial transactions / dealings of any kind with the said financial
establishment or its Chief Promoters, including the bank / cash transactions and
contracts / agreements / MoUs of any kind as well as concerning the matter of
the said complaint , and not to depart thence without leave of the undersigned,
and you are hereby warned that, if you shall without just excuse neglect or refuse
to appear on the said date, a warrant may be issued to compel your attendance.
Please note you may produce the necessary documents, as above, instead of
attending personally to produce the same. (This is optional and to be indicated
where we want only the documents to be produced, say from Banks etc.)
Given under my hand and designation on……………………
Competent Authority, Bengaluru.
Date:
Form 6
[See rule 3(4)]
Ad – interim Order of Attachment
Office of
ORDER
Whereas, the undersigned has been appointed as the Competent Authority for
the Financial Establishment viz. under Section 5(1) of the Karnataka
Protection of Interest of Depositors in Financial Establishments (KPIDFE) Act
2004 vide Government Notification No.
dated
. Whereas, the
undersigned is empowered to seize or freeze properties which are liable for
attachment under rule 5 of the Karnataka Protection of Interest of Depositors in
Financial Establishment Rules, 2025, which reads as follows “Where the
Competent Authority is satisfied or has reason to believe that any property
which is liable to be attached under the Act is likely to be concealed, transferred
or dealt in any manner which will result in defeating the purpose of the Act, in
may make an order seizing such property or where it is not practicable to seize
such property make an order that such property shall not be transferred or
otherwise disposed of or dealt with, except with prior permission of the special
Court.”
Whereas, the undersigned has reasons to believe that Sri. , Aged about ,
R/o
has received acquired property/ received an illegal gratification
from out of the depositors’ funds of M/s
.
Whereas, the undersigned has taken steps for notification under section 3(2) /
for filing application before the Hon’ble Special Court under section 13 of
the Karnataka Protection of Interest of Depositors in Financial Establishment
Act, 2004 (Karnataka Act 30 of 2005) for attachment of the schedule property
belonging to the above-mentioned person.
Whereas, the undersigned has reasons to believe that the schedule property, which
is the property of the above-mentioned person, is likely to be transferred in a
manner which will result in defeating the purpose of filing the above-mentioned
application before the Hon’ble Special Court.
Therefore, the undersigned hereby orders under powers vested with him under
Rule of the Karnataka Protection of Interest of Depositors in Financial
Establishment Rules 2025, that the schedule property shall not be transferred
or otherwise disposed of or dealt with except with the prior permission of the
Hon’ble Special Court.
Schedule Property
Competent Authority / Authorized Officer for Competent Authority
Copy to:
1. The Principal Secretary, Revenue Department, Government of Karnataka for
information.
2. The Deputy Commissioner,
District for service of this order on the
above-mentioned owner of the schedule property.
3. The Deputy Commissioner,
for making an appropriate entry into the
revenue records i.e. RTC and the Encumbrance at Sub Registrar to the effect
that the schedule property has been ordered vide these orders is not to be
transferred or otherwise disposed of or dealt with except with the prior
permission of the Hon’ble Special Court.
4. Party present
5. Parties interested in the property through any legal document or having any
rights in the property records
6. Copy to Special Court
7. Office Copy
FORM 6(A)
[See rule 5(1)]
OFFICE OF THE COMPETENT AUTHORITY FOR
PLACE:
Date:
ORDER FOR ENTRY, INSPECTION, SEARCH AND SEIZURE
Whereas, the undersigned has been appointed as the Competent Authority for the
Financial Establishment, namely,
under section 5(1) of the
Karnataka Protection of Interest of Depositors in Financial Establishment Act,
2004, vide Government Notification No.
dated
Whereas, the undersigned is empowered to enter and search any premises;
seize movable properties; freeze bank accounts; attach money or property
believed to have been acquired by a Financial Establishment, either in its own
name or in the name of any other person, out of the deposits collected by it; inspect
any register, book, record, paper, application, electronic information storage and
retrieval device or medium, instrument or proceeding kept therein; and take such
notes and extracts as may be deemed necessary.
Further, the person having custody of, or maintaining, any of the above-
mentioned items shall, at all reasonable times, produce them before, or permit, the
Competent Authority or an officer authorized by the Competent Authority to
inspect them and perform the duties specified above.
The Competent Authority has reason to believe that the registers, books,
records, papers, applications, instruments or proceedings pertaining to the above-
mentioned Financial Establishment are kept at the premises specified below:
Premises:
The Competent Authority has authorized Shri/Smt.
(Designation)
to carry out the search operations at the
abovementioned premises.
Therefore, you are required to permit the Competent Authority/Authorized
Officer to enter and inspect the premises and carry out the duties enumerated
above, without causing any impediment.
Issued under my signature and seal on this
day of
20
Competent Authority
Shri/Smt.
(Occupant
of
the
premises)
Address:
Copy to: Shri/Smt.
Authorized Officer.
Form 6(B)
[See rule 5(1)]
Inventory
Office of _______________________________________
Inventory of movables taken possession in case no.
/Section 3(2)
Order no…………..
Inventory of movable properties taken possession of at the premises of
Shri/M/s.…………….……Plot No. …………… /Gala No.……………./ H. No.
……………. Street No. …………….……………. of ........................................... under
Section 6 of the Karnataka Protection of Interest of Depositors in Financial
Establishment Act, 2004 (Karnataka Act 30 of 2005) made there under, on
this…………….Day of by Shri……… Authorized Officer under the said Act between
the hours …………….am/pm and ......................................... am/pm.
Sl.No. Description of
Article
Number/
Quantity
Condition
Place of safe
custody
Signatures of the Panchas:
1.
2.
(Drawn Before me: Competent Authority/ Officer Authorised)
Copy To:
1. Party present
2. Office Copy
Form 6(C)
[See rule 5(1)]
Panchnama
Office of _______________________________________
Whereas we,
Sl.
No.
Name of
Panchas
Father's
/
Husband's
name
Address
Age
Occupation
Contact
The above mentioned Panchas on being called under section 6(2)(a) of the
Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004
(Karnataka Act 30 of 2005)
by Shri……………………………………………..., the
Competent Authority/ Officer authorized by the Competent Authority, who has
been appointed by the state government for cases ………………… vide orders
no…………. dated …………… today entered the premises of Shri / M/s.
…………………………………….
at…………………………………….and
taken
over
possession of movable properties as detailed in the inventory attached to this
Panchanama between the hours……… AM/PM and AM/PM in our presence.
We were accompanied by Shri/ Ms.
on behalf of the occupant/
owner of the property, who is (enter relation) of the owner/occupier of the
premises.
The description of the said premises is as follows: The premises is a
residential/commercial property and consists of _ _ _ floors. We entered floor
number in the beginning. That floor has number of rooms viz.
number of bedrooms number of toilets number of kitchen and
number of living room etc. The colour of the walls of the rooms is
_ _ _ _ . We met Shri/Ms. on the floor who is
(enter relation) of the
owner/occupier of the premises. {In a similar way, narrate the description for each
floor or part of the building which were searched}
We also hereby state that during take-over/possession of the movable properties
…………………………..…………………………………………………………………………
…………………………………..
(To be filled in case of occurrence of any incidence)
We declare that the facts of the Panchanama mentioned herein are true and correct
to the best of our observation and knowledge.
Date and Time:
Name & Signatures of the Panchas
Drawn before me
Competent Authority/ Authorized Officer for Competent Authority
Copy To:
1. Party present
2. Office Copy
Form 6(D)
[See rule 5(2)]
POSSESSION NOTICE (For immovable property)
Office of ___________________________________
Whereas, the undersigned is the competent authority/ officer authorized
by Competent Authority appointed for ……………….by the state government vide
its orders no.………. dated………………. under the Karnataka Protection of Interest
of Depositors in Financial Establishment Act, 2004 (Karnataka Act 30 of 2005).
Notice is hereby given to the ......................... (owner) and the public in general that
the undersigned has taken possession of the property described herein below,
in exercise of powers conferred on him / her under Section 6 of the said Act
read with Rule………………. of the said rules on this………………. day of
……………of the year…………. The owner of the property in particular and the
public in general are hereby cautioned not to deal with the property and any
dealings with the property will be subject to the orders of the Special Court
……………….
The owner of the property and any lessee therein and any person in any kind
of possession, occupation or enjoyment is hereby cautioned that no commercial
exploitation of the said property is allowed without permission of the Special
Court and if any such use is found, the said person shall be evicted as per due
process of law.
It is also hereby directed that any person utilizing the said property for personal
gain shall remit all such moneys and materials to the Competent Authority till
orders of the Special Court and any person utilizing the premises for any
purpose on any form of lease or rent or mortgage shall remit the amount paid as
per terms and conditions of any agreement or contract to the Competent
Authority and any person carrying out any temporary or permanent works or
installations in the said premises shall stop such activity forth with, subject to
orders of the Special Court. Description of the immovable property
Property owned by:
All that part and parcel of the property, consisting of Flat No. / Plot No.
……………….
in Survey No./ City or Town Survey No. / Kasara No.
……………….
within
the
registration
sub district…………
and
district……………….
Bounded:
On the North by……………………………………………………………………………….
On the South by ……………………………………………………………………………….
On the East by ……………………………………………………………………………….
On the Westby ……………………………………………………………………………….
Date:
Place:
(Name of officer on behalf of Competent Authority)
Copy To:
1. Party present
2. Parties interested in the property through any legal document or having any
rights in the property records
3. Copy to Special Court
4. Copy
to
Principal
Secretary, Revenue Department
5. Office Copy
Form 7(A)
[See rule 7(2)]
Possession Certificate for Immoveable Assets
Office of
Immovable assets taken possession in Case No.
on orders of
Special Court in
from the location,
belonging to
Address
vide document
with encumbrance
of
to
and having assigned rights of
to (name , age, address, contact:
1.
2.
4.
Vide document/s:
1.
2.
3.
Under Section 5(2) of the Karnataka Protection of Interest of Depositors in
Financial Establishment Act 2004 and Rules 2025 made there under, on this
day
of
20
by,
authorized
officer
of
under the said [Act].
Date:
Signature of Authorized Officer/ Competent
Authority
Form 7(B)
[See rule 7(2)]
Possession Certificate for Moveable Assets
Office of
Inventory of movable assets taken possession in Case No.
on
orders of Special Court in
from the premises of
Shri /Mr/Smt.
Address
under Section 5(2) of the Karnataka Protection of Interest of Depositors
in Financial Establishment Act, 2004 (Karnataka Act 30 of 2005) and Rules
2025 made thereunder, on this
day of
20
by, authorized officer of
under the said
[Act].
Date
Signature of Authorized Officer/ Competent
Authority
Form 7(C)
[See rule 7(2)]
Possession Certificate for Documents and Records
Office of
Inventory of documents
and
records taken
possession in
Case
No.
on
orders
of
Special
Court
in
from the premises of Shri /Mr/Smt.
Address
under Section 4, 5 and
6 of the Karnataka Protection of Interest of Depositors in Financial
Establishment Act, 2004 (Karnataka Act 30 of 2005) and Rules 2025 made
thereunder, on this
day of
20
by, authorized
officer of
under the said Act.
Sl. No.
Description
of article
Type of
Document or
Record
If
electronic
record,
storage
device in
which
seized
Proposed
use
Date
Signature of Authorized Officer/ Competent
Authority
FORM 7(D)
[See rule 8(2)]
Order of transfer of Marketable Securities
Office of ________________________
ORDER
[As per section 56(2) of Companies Act]
Whereas, the undersigned has been appointed as the Competent Authority for
the Financial
Establishment
under section 5(1) of the Karnataka Protection of
Interest of Depositors in Financial Establishment Act, 2004 (Karnataka Act 30 of
2005)
Whereas, ad-interim attachment order has been issued under the provisions of
section 3(2) of the Act. The property (“property details” herein after referred to
as the “Subject property”) has been attached under the notification bearing No.
, dated
. The subject marketable securities
attached are at the Sl.
No.
of Annexure- of the Notification bearing No.
, dated
.
Whereas, the Special Court has made the attachment absolute, vide order
number
In exercise of the powers conferred upon the undersigned as the Competent
Authority, the marketable securities shall be transmitted to the Demat Account
bearing DPID No.
standing in the Competent Authority.
The
(concerned authority) shall upon receiving this order for
transmitting the marketable securities, transmit the same in the name of Competent
Authority.
The
(concerned authority) shall ensure compliance with the
above directives within [Specified Time frame] and submit a detailed compliance
report to this office.
This order is to be executed forthwith, and any delay or deviation will be viewed
strictly in terms of the provisions of the Karnataka Protection of Interest of
Depositors in Financial Establishment Act, 2004 (Karnataka Act 30 of 2005)
Date:
Issued under my authority and seal
(Competent Authority)
Form
7(E)
[See rule 9(2)]
Format of Notice of Sale By Auction under section 6(2)(f)
Office of
Notice is hereby given to the public in general and in particular to the owner(s)
that the below described movable property ad-interim attached by the state
government vide notification no……….dated…… possession of which has been
taken by the Competent Authority for……………………., will be sold on “ As is
Where is”, As is What is” and Whatever there is” on…………….(mention date of
the sale), as per the orders of the Special Court in case No………..
dated…………….The reserve price will be Rs…………………and the earnest money
deposit will be Rs. ………………..
(Give description of the property with known encumbrances, if any)
……………………………………………………………………………………………………
……………………………………………………
……………………………………………………………………………………………………
……………………………………………………
……………………………………………………………………………………………………
………………
For detailed terms and conditions of the sale, please refer to the link provided
in website: ………… (*) specific link created for the particular auction can be
mentioned.
Date:
Place:
Competent Authority
Form 7(F)
[See rule 9(5)]
Application for Disposal of Perishable Goods
MAY IT PLEASE YOUR WORSHIP:
I
the applicant above named beg to state the following
on solemn affirmation:
That the following goods attached under section 3(2) of the Karnataka
Protection of Interest of Depositors in Financial Establishment Act, 2004
(Karnataka Act 30 of 2005) , vide notification
seized from the premises of
(name of Person and / or FE) more fully described in the Schedule below,
valued at Rs.
are of :
a) Perishable/deteriorating nature. Any further storage is likely to cause
depreciation in its value.
b) Hazardous in nature
c) Cost of storage and maintenance is very high
d) Other (to be specified)
It is, therefore, prayed that your Worship may be pleased to order for the
disposal of the said by public auction or private arrangement as the case
may be, as provided under Section 6(2)(f) of the Karnataka Protection of
Interest of Depositors in Financial Establishment Act, 2004 (Karnataka Act
30 of 2005) .
In view of the foregoing, the Competent Authority most humbly prays that this
Hon’ble Court be pleased to take the above report on record and pass suitable
orders in the interest of justice and equity.
This
day of
20
Competent Authority
Schedule
Sl
No.
Item
Description
Quantity
Likely
Value
Reason for
Disposal
Method of
Disposal
Form 7(G)
[See rule 9(3)]
SALE CONFIRMATION ADVICE
Office of
Shri / Shrimati / Mr. / Ms.
……………………………
Date:
Sir,
You are the successful bidder in the auction vide No.
held
on …………………………. of the property absolutely attached by the Special Court
in case no…………. on…………… and more fully described in Schedule A (for
Immoveable Property) and Schedule B (for Moveable Property) in terms of
Document No ……………………… dated ……………...
SCHEDULE - A
All that part and parcel of the property consisting of land and premises bearing
Flat No. / Plot No/ Door
No ……………… Street, ………………., Village / Town
, and / or
land measuring …………………. sq. ft. (or ____Acres & ____Gunta) having
plinth area of ……………………………… sq. ft. comprised in or Survey No
………………, Khata No …………………… village,
, within
the Taluka of _____________________and District of ……………………………. Bounded
on the North by: ………………………
South by: ………………………………….
East by: ……………………….
and West by: …………………...
SCHEDULE – B
Sl.
N
o.
Description
of article
Category
Reserv
e Price
Bid
Price
Quantity
Total
Sale
Amount
Amount
Remitted
(excluding
Earnest
Money
Deposit
)
Balance
to
be
Remitted
Period of
Remission
We would also like to inform you that you have to remit/transfer the
requisite payment to the account details mentioned below with the following
details. (Amount Calculation sheet enclosed).
Bank Remittance details:
Account
Number
:
Beneficiary
Name
:
Competent Authority
Bank Name and
Branch
:
IFSC Code
:
Payment Mode
:
EFT/NEFT/RTGS
You are further advised as stated above to remit Rs ………………………………
immediately by the procedure prescribed and the balance amount of Rs
………………. (Rupees ………………………………………. only) within days from
the date of auction i.e., ………………………… by the same procedure to the above
mentioned account for the transfer of the said property in your favour.
You may kindly note that on failure to remit the balance amount within the
specified period i.e. on or before ………………… day of ………………………., the
amount already remitted would be forfeited.
Date:
Competent Authority
Place:
Form 7(G)(i)
[See rule 9(3)]
NOTICE OF PENALTY AND CONFISCATION OF DEPOSIT
Office of
Shri / Shrimati / Mr. / Ms. ……………………………
Date:
Sir,
You are the successful bidder in the auction No. held on
…………………………. of the property absolutely attached by the Special Court in
case no ………………………………… on……………… and more fully described in
Schedule A (for Immoveable Property) and Schedule B (for Moveable Property)
in terms of Document No ....................................................................................dated
……………...
SCHEDULE - A
All that part and parcel of the property consisting of land and premises bearing
Flat No. / Plot No/ Door
No ……………… Street, ………………., Village / Town
, and / or
land measuring …………………. sq. ft. (or ___Acres & _____Gunta) having plinth
area of ……………………………… sq. ft. comprised in or Survey No ………………,
Khata No ……………………village, within the Taluka of ___________________________
and District of ……………………………. Bounded on
the North by: ………………………
South by: ………………………………….
East by: ………………………
And West by: …………………...
SCHEDULE – B
Sl.
N
o.
Description
of article
Category
Reserve
Price
Bid
Price
Quantity
Total
Sale
Amount
Amount
Remitted
(excluding
Earnest
Money
Deposit
)
Balance
to
be
Remitted
Period of
Remission
Whereas you have / have not (cross out what is not relevant) remitted the
initial amount of Rs.
intimated
to
you
vide SALE
CONFIRMATION ADVICE
No
dated
.
Whereas you have / have not (cross out what is not relevant) sought for
extension and have been advised to remit the balance Rs ……………………… on
or before the day of
20
for the transfer of the said
property in your favour.
Whereas you have failed to do so within the stipulated / extended ( cross out
what is not relevant ) period
OR
Whereas you have remitted only a sum of Rs
within
the stipulated / extended ( cross out what is not relevant ) period and a sum of
Rs
is outstanding.
You are hereby warned that on failure to remit the outstanding amount within
the next 10 (ten) days with a penalty of 5 percent per day of further delay i.e.
on or before ………………… day of ………………………., 20 , the amount
already remitted would be forfeited along with any earnest money deposit paid
by you.
Date:
Competent Authority
Place:
Form 7(G)(ii)
[See rule 9(3)]
ORDER OF CONFISCATION OF DEPOSIT
Office of
Shri / Shrimati / Mr. / Ms. ……………………………
Date:
Sir,
You are the successful bidder in the auction No. held
on …………………………. of the property absolutely attached by the Special Court
in case no……………………………. on ………………… and more fully described in
Schedule A (for Immoveable Property) and Schedule B (for Moveable Property)
in terms of Document No ....................................................................................dated
……………...
SCHEDULE - A
All that part and parcel of the property consisting of land and premises bearing
Flat No. / Plot No/ Door
No ……………… Street, ………………., Village / Town
, and / or
land measuring …………………. sq. ft. (or ____Acres & ____Gunta) having
plinth area of
……………………………… sq. ft. comprised in or Survey No ………………, Khata
No
……………………
village
,
within the
Taluka
of
and District of …………………………….
Bounded on the North by: ………………………
South by: ………………………………….
East by: ………………………
And West by: …………………...
SCHEDULE – B
Sl.
N
o.
Description
of article
Category
Reserve
Price
Bid
Price
Quantity
Total
Sale
Amount
Amount
Remitted
(excluding
Earnest
Money
Deposit
)
Balance
to
be
Remitted
Period of
Remission
Whereas you have despite adequate opportunity, failed to remit the balance Rs
……………………… on or before the day of
20 for the
transfer of the said property in your favour as intimated to you vide NOTICE OF
PENALTY AND CONFISCATION OF DEPOSIT in No
dated
.
Whereas you have failed to do so within the stipulated / extended (cross out
what is not relevant ) period despite adequate opportunity
Whereas you have failed to remit the entire penalty, and have by your deliberate
actions, caused delay and thereby further hardship to the depositors awaiting their
claim disbursal
The sale confirmation advice given to you vide No
is hereby
withdrawn and the sale of the scheduled assets to you are cancelled.
As per law, the entire earnest money along with the deposit made by you of Rs
is hereby forfeited and confiscated to the absolute account as
penalty.
Date:
Competent Authority
Place:
Form 7(H)
[See rule 9(4)]
CERTIFICATE OF SALE
Office of
Whereas,
The undersigned being the Competent Authority /Authorized Officer of the
Competent Authority appointed by the state government vide notification no
…………. Dated ……………. of the Karnataka Protection of Interest of Depositors
in Financial Establishment Act, 2004 (Karnataka Act 30 of 2005) sold on behalf
of the State government in favour of
Shri / Shrimati / Mr / Ms
Son / Wife of
Address
which has been
attached absolutely by the Special Court in case no …………………………………
the property shown in the schedule below, vide auction No
The undersigned acknowledges the receipt of Rs ...................................... (Rupees
……………………………. Only), being the sale price in full as the highest bid amount
in the auction and handed over the delivery and possession of the scheduled
property.
1. Schedule A: Description of immoveable property
All that part and parcel of the property consisting of land and premises bearing
Flat No. / Plot No/ Door
No ……………… Street, ………………., Village / Town
, and / or
land measuring …………………. sq. ft. (or ____Acres & ____Gunta) having
plinth area of
……………………………… sq. ft. comprised in or Survey No ………………, Khata
No
……………………
village
,
within the
Taluka
of
and District of ……………………………. Bounded:
On the North by……
On the South by……………….
On the West by ...........
& On the East by ……………………
List of Encumbrances:
2. Schedule B: Description of the immovable property
Sl.
No.
Description of
article
Category
Bid
Price
Quantity
Total
Sale
Amount
Tax
/
Duties Paid
The undersigned acknowledges the receipt of Rs.
/-(Rupees in
words:
), being the sale price in full as the highest
bid amount/ negotiated amount (cross out what is not relevant) in the auction
dated:
for the assets detailed in Schedule
above in
the auction conducted on the E-Procurement Portal / Public Auction / Private Treaty
(cross out what is not relevant) vide No:
and handed over the delivery and possession of the scheduled property.
Date:
Competent Authority
Place:
Form 7(I)(i)
[See rule 9(4)]
ACKNOWLEDGEMENT FOR RECEIPT OF TITLE DEEDS
In respect of the property sold in the account of the Competent Authority I/we
Address
submit and declare that I/we have purchased a
property, details of which are given here under, on for
Rs ……………… (Rupees ………………………………. Only) through bid process held
by the Competent Authority under the Karnataka Protection of Interest of
Depositors in Financial Establishment Act, 2004 (Karnataka Act 30 of 2005).
Before giving the bid of the property due opportunity was provided by the
competent authority for inspection of the property/ record. It was after my full
satisfaction and after checking of the relative revenue records and documents
the bid was submitted by me/us. I/we understand that Competent Authority has
sold the property on “As is where is” & “As is what it is” basis. Now I/we have
deposited the full confirmed bid amount and the Competent Authority has
handed over peaceful and vacant possession of the under noted property to
me/us as on this date. I/we have again inspected the property which is intact
and is in order and to our entire satisfaction. Now, onward I/we have no claim
left against the Competent Authority or any of its officials.
I/we have also received the related sale certificate and title deeds including bearing
No
……………………… dated ................... (in original).
Description of Property
All that part and parcel of the property consisting of land and premises bearing
Flat No. / Plot No/ Door No ……………… Street, ………………., Village / Town
, and / or land measuring …………………. sq. ft. (or _ __ Acres &
_____ Gunta) having plinth area of ……………………………… sq. ft. comprised in or
Survey No ...................... , Khata No
…………………… village
, within the Taluka of
and District of …………………………….
Bounded: On the North by ……
On the South by ……………….
On the West by ……………………….
On the East by ………………………………
Dated: …………………….
(Name & Signature of the Purchaser)
Form 7(I)(ii)
[See rule 9(4)]
ACKNOWLEDGEMENT FOR RECEIPT OF MOVEABLE GOODS
In respect of the assets sold in the account of the Competent Authority
I/we
Address
submit and declare that I/we have purchased the goods
more fully described in the schedule below, for Rs ....................................... (Rupees
… ............................................ Only) through public auction / E-auction /
Private Treaty process (cross out what is not relevant) held by the Competent
Authority under the Karnataka Protection of Interest of Depositors in Financial
Establishment Act, 2004 (Karnataka Act 30 of 2005). Before giving the bid of the
property due opportunity was provided by the competent authority for
inspection of the property/ record. It was after my/ our full satisfaction and after
checking of the relative records and documents the bid was submitted by me/us.
I/we understand that Competent Authority has sold the property on “As is
where is” & “As is what it is” basis. Now I/we have deposited the full confirmed
bid amount and the Competent Authority has handed over possession of the said
property to me/us as on this date. I/we have again inspected the property which
is intact and is in order and to our entire satisfaction. Now, onward I/we have
no claim left against the Competent Authority or any of its officials.
I/we have also received the related sale certificate and relevant documents
bearing No ……………………… dated ........................ (in original).
Schedule
Sl.
No.
Description of
article
Category Bid
Price
Quantity Total
Sale
Amount
Tax
/
Duties
Paid
Dated: …………………….
(Name & Signature of the Purchaser)
Place:
Form 7(J)
[See rule 9(5)]
Notice for Sale by Private Treaty
Office Of
The undersigned as Competent Officer under Section 5(1) of the Karnataka
Protection of Interest of Depositors in Financial Establishment Act, 2004 (Karnataka
Act 30 of 2005) has taken over possession of the schedule property(ies) u/s 5(2)
of the Act by order of Special Court in
and the said properties vest in the Authority.
Public at large is informed that the property(ies) as mentioned in the Schedule
are available for sale through Private Treaty, as per the terms agreeable to the
Competent Authority and specified by the Special Court in its order
for realization, liquidation and for repayment to
approved claims.
The standard terms & conditions for sale of property through Private Treaty are as
under:
1. Sale through Private Treaty will be on “AS IS WHERE IS and “AS IS WHAT IS
BASIS”
2. The purchaser will be required to deposit 25% of the sale consideration on
the next working day of receipt of the Competent Authority’s acceptance offer for
purchase of property and the remaining amount within 15 days thereafter.
3. The purchaser has to deposit 10% of the offered amount along with application
which will be adjusted against 25% of the deposit to be made as per clause
(2) above.
4. Failure to remit the amount as required under clause (2) above, will cause
forfeiture of amount already paid including 10% of the amount paid along
with the application.
5. In case of non-acceptance of offer of purchase by the Competent Authority,
the amount of 10% paid along with the application will be refunded without
any interest.
6. The property is being sold with all existing and future encumbrances whether
known or unknown to the Competent Authority. The Competent Authority
shall not be responsible in any way for any third party claims/ rights /dues.
7. The purchaser should conduct due diligence on all aspects related to the property
(under sale through private treaty) to his satisfaction. The purchaser shall not
be entitled to make any claim against the Competent Authority in this regard at
a later date.
8. The Competent Authority reserves the right to reject any offer of purchase
without assigning any reason.
9. In case of more than one offer, the Competent Authority will accept the highest
offer.
10.
The interested parties may contact the Competent Authority or the
Authorised Officer for further details/ clarifications and for submitting their
application.
11.
The purchaser has to bear all stamp duty, registration fee, and other
expenses, taxes, duties in respect of purchase of the property.
SCHEDULE A (Immoveable Assets)
Description
of
the
Assets
Location
Survey
Number
Extent
Title
Reserve Price (Rs.)
(below which the
properties will not be
sold)
Date:
Competent Authority
Place:
Form 8(A)
[See rule 11(1)]
Report of Competent Authority under Section 7(1) of Act
MOST RESPECTFULLY SHOWETH:
1. It is submitted that, the Competent Authority is a duly constituted
authority appointed by the
Government of Karnataka in exercise of its powers under section 5(1) of
the Karnataka Protection of Interest of Depositors in Financial
Establishments Act 2004 (hereinafter referred as ‘KPIDFE Act’ for short),
as per its notification bearing No.
dated
.
With
respect
to
the
Financial Establishment
. A copy of the appointment notification is
herewith produced and marked as ANNEXURE – A.
2. Whereas, ad-interim attachment order has been issued under the
provisions of section 3(2) of the Act. The property (“property details”
herein after referred to as the “Subject property”) has been attached
under the notification bearing No.
, dated
.
3. Whereas, seizure reports made by Investigating Officer in Case
Number
Filed
by
in
on
has revealed the assets and
liabilities as per schedule attached.
(Attach Schedule)
4. Whereas the likely value, subject to report of approved valuer and
subject to realization and any encumbrances on the said assets, as
reported by the Investigating Officer is
.
5. Whereas the likely number of depositors, subject to confirmation and
assessment as per proviso of Section 7 of the Act and any judicial
proceedings, is
and the likely value of claims is
.
6. Whereas the likely number of secured creditors, subject to
confirmation and assessment as per proviso of Section 7 of the Act and
any judicial proceedings, is
and the likely
value of claims of secured liabilities is
.
7. Whereas the undersigned Competent Authority has commenced with
further inquiry, forensic audit, valuation of assets and calling for /
assessment of claims as below:
(i) Inquiry:
(ii) Forensic Audit:
(iii) Valuation:
PRAYER
In view of the foregoing, the Competent Authority most humbly prays that this
Hon’ble Court be pleased to take the above report on record in the interest of justice
and equity.
Competent Authority
Schedule
Sl No
Asset
Description
Quantity
Date
of
Seizure
Location
Likely
Value
FORM 8(B)
(See rule 11(2)]
PUBLICNOTICE
[Under Section 7(2) of the Act and
Office of,
Address:
File No:
Date:
FOR THE ATTENTION OF THE DEPOSITORS OF [NAME OF FINANCIAL
ESTABLISHMENT]
Public Notice is hereby by means of effective media publication, inviting
the claims by secured creditors, if any, and also the depositors of the
Financial Establishments to submit their claims with proper proofto
establish the same on or before Date:
with the
& Competent Authority
, appointed u/s 5(1) the Karnataka
Protection of Interest of Depositors in Financial Establishment Act, 2004
(Karnataka Act 30 of 2005), vide GO No:
.
For more information you may contact Office of
at the
following numbers:
1.
2.
OR visit the following websites:
1.
2.
Please Note: The claim applications shall be available for download at the above websites
and also at the counters opened for them at the following offices between
10.00 am and 6.30 pm on all working days from Date
to
:
1.
2.
3.
One Claim Application Form shall have to be filled for each deposit given a Customer
ID by the Financial Establishment. Applications are to be filled by Depositors only
except in cases of indisposition/ death / hospitalization / travel etc. or other valid
reason where Nominee / Legal Heir / Power of Attorney holder is allowed to carry out
the formalities. Bulk application or application by agents and middle-men are not
allowed.
In cases where database of depositors is available with the Competent Authority,
applications shall be filled and accepted online with option of offline acceptance for
those who wish to avail the same at the above addresses. In cases where database is
not available, manual forms shall be issued and received manually at the counters
above.
Sl NO Type of Claimant
Documents Required
1.
Secured Creditor
i.
Registration Document as ID proof of
institution
ii.
Registered Security / Mortgage / Lien
/ Guarantee
2.
Depositor
i.
Photo ID (Aadhaar & PAN / EPIC /
Passport etc.
ii.
Bond / Agreement / Contract with
Financial Establishment
iii.
Front Sheet of Bank Account
Passbook (With Photo)
iv.
Copy of the Bank Account Statement
corresponding to transaction of the
claimant with FE, certified by the
concerned Bank
3.
Nominee
i.
Certificate of death of depositor
ii.
Family / Genealogical Tree (issued by
Tahsildar)
iii.
Copies of documents must be self -
attested
4.
Other Legal Heir
i.
Certificate of death of depositor
ii.
Family / Genealogical Tree (issued by
Tahsildar)
iii.
Certificate
of death of Nominee (if
applicable)
iv.
Court order as legal heir or
Authorization from Depositor /
Nominee
v.
Authorization from other legal heirs
vi.
Copies of documents must be self -
attested
5.
Power of Attorney
i.
Certificate of hospitalization / medical
treatment of Depositor / Nominee
ii.
Authorization letter by Depositor /
Nominee
iii.
Notarized Power of Attorney issued for
the specific purpose of Claim
Application (in case Depositor is
abroad, same shall be attested by
Embassy official or by a notary /
advocate)
Documents to be submitted
Scheme wise
Sl No
Type of Scheme
Documents Required
1.
Savings Scheme
i.
Front Sheet of Bank Account Passbook
(With Photo)
ii.
Copy of the Bank Account
Statement corresponding to transaction
of the claimant with FINANCIAL
ESTABLISHMENT, certified by the
concerned Bank
2.
Fixed Deposit Scheme
i.
Bond Certificate / Fixed Deposit
Certificate
ii.
Copy of the Bank Account Statement
corresponding to transaction of the
claimant with FINANCIAL
ESTABLISHMENT, certified by the
concerned Bank
3.
Recurring Deposit
Scheme
i.
Front Sheet of Recurring Deposit
Passbook
ii.
Copy of the Bank Account Statement
corresponding to transaction of the
claimant with FINANCIAL
ESTABLISHMENT, certified by the
concerned Bank
4.
Other Deposit Schemes:
Gold Loan / Share /Hire
Purchase / Lease /
Mortgage / MLM etc.
i.
Bond /Agreement / Contract
ii.
Certificate Copy of the Bank Account
Statement corresponding to
transaction of the claimant with
FINANCIAL ESTABLISHMENT,
certified by Bank
5.
Other
i.
Cancelled Cheques if any should be
produced with Name printed thereon
ii.
Any other document, duly self-
certified, provided original is
produced at time of verification.
Note:
i.
In case of unregistered bonds & agreements, penal registration fees
should be paid where required.
ii.
Claim applications received after
shall not be treated as
valid claim as per Section 7 (3) of KPIDFE Act
iii.
Submission of misleading and willfully incorrect claims or false / forged
documents / impersonation shall lead to rejection and prosecution.
iv.
Claim application shall be typed or neatly hand-written.
v.
Only one claim can be submitted per scheme per depositor and once submitted
shall not be returned or modified.
FORM – 8(B1)
[See rule 11(2)]
SPLOCA Government of Karnataka
SL No
CLAIM APPLICATION FORMUNDER 7(2) OF
KPIDFE ACT
Form No CA
CLNO
COMPETENT
AUTHORITY:
Photo
Should
Be Latest
in
Colour of
Passport
Size
FINANCIAL
ESTABLISHMENT:
Claim Application No.
Date of Claim:
Use Ball Point Pen. Fill up 1 & 2 in CAPITALS, 3 as it is, 4 with
details of House Number, Street, Town / Village & Pin Code, 5
as dd/mm/yy, 7 as used.
Checklist
(For
Official
Use)
1
Name of Claimant /
Depositor
2
Father /Husband
Name*
3
Customer /Client ID
(Mandatory to
attach MOU/
Investment
Agreement Copy
duly attested by
Gazetted Officer or
bring original for
verification)*
4
Correspondence
Address (Latest)*
5
Date of Birth and
Age*
6
Mobile & Alternate
Contact (Latest)*
7
Email Address
8
Aadhaar / Indian
Passport / Driving
License Number
(Attach copy
attested by
Gazetted Officer or
bring original for
verification) *
9
PAN (Attach copy
attested by
Gazetted Officer or
bring original for
verification) *
10
Nominee Details with Relationship (if
applicable)
Documents
Required
Nominee Name
a. Attach
copy
attested by
Gazetted
Officer and
bring original
for
verification:
Gender & Age
b. SSLC
certificate /
Age Proof duly
attested
Relationship to
Depositor
c. Genealogy
Tree issued
by
Jurisdictional
Tahsildar in
case of legal
heirs.
ID Proof of Nominee
(Aadhaar /
Indian Passport
/Driving
License)
d. Attach
copy
attested by
Gazetted
Officer and
bring original
for
verification:
Proof of Nomination
e. Nomination
Proof in
case of
Nominee.
11
All the Bank account details of deposit and receipts by or
on behalf of the depositor with the FINANCIAL
ESTABLISHMENT * Note: Format of Statement of
Investment provided in Annexure
a. Bank A/c
No
c. Branch Name
b. Bank
Name
d. IFSC Code
12 Type of Schemes &
Name of Schemes*
13
Bank Account details in which claimant seeks refund
(Attach Front Sheet of the Bank Account Passbook attested
by Bank Manager) *
a. Bank A/c
No
c. Branch Name
b. Bank
Name
d. IFSC Code
* Providing this information is mandatory. Incomplete application is
liable for rejection.
TOTAL AMOUNT DUE [TOTAL DEPOSITED - TOTAL
RECEIVED in Numerals &
Words] =
Declaration by Depositor/ Nominee/ Legal Heir or Power of Attorney
(POA):
I State that the information given above is Complete true and correct to the
best of my knowledge and information and I have not suppressed or
concealed any material information. If at any point of time, it is found that
information given is incomplete/ false/ misleading/ Suppressed or
claim is fictitious/ false claim, Then Competent Authority may reject my
claim application and initiate appropriate legal action against me.
Date:
Signature & Name
Place:
FORM – 8[B1(i)]
[See rule 11(2)]
Statement of Investment
SPLOCA,
Government of Karnataka
Annexure:
STATEMEN
OF INVESTMENT
Sl. No
Financial
Enterprise
Form No
CLNO
Investment
/
Customer ID NO
Remarks
PARTICULARS
[ RTGS, IMPS OR
CHEQUE]
NAME OF THE
SCHEME
Depositor Bank Details
NAME OF THE
BANK
A/C
Number,
BRANCH/
IFSC
CODE
Date
Deposit (Rs)
NEFT / RTGS /
IMPS
/
CHEQUE NO
Total
Deposit (Rs)
Remarks
FINANCIAL ESTABLISHMENT Bank Details
NAME OF THE
BANK
A/C
Number,
BRANCH/IFSC
CODE
Date
Receipt
NEFT / RTGS /
IMPS
/
CHEQUE
NO
Total
Receipt
Remarks
Note: FE is Financial Enterprise. Please ensure Account Number, IFSC Code
and amounts written for Deposits and Receipt are correct as it will be cross
verified. False information is punishable.
Date:
Name
&
Signature
FORM 8(B2)
[See rule 11(2)]
PROOF OF CLAIM BY SECURED CREDITORS
Date ………..
To
The Competent Authority
From
[Name and address of the creditor]
Subject: Submission of proof of claim.
Madam / Sir,
I, [Name of the creditor], hereby submit the following proof of claim in respect
of the corporate insolvency resolution process in the case of [name of debtor].
The details of the same are set out below:
PARTICULARS
1.
Name of the creditor
2.
Identification number of the creditor
(If an incorporated body corporate,
provide identification
number
and
proof
of
incorporation.
If
a
partnership
or
individual,
provide
identification record* of all partners or
the individuals)
3.
Address and email address of the
creditor for correspondence
4.
Description of the claim (Including the
amount of the claim as at the
insolvency commencement date)
5.
Details of documents by reference to
which claim can be substantiated or is
secured (Attach copy attested by
gazetted officer)
6.
Details of how and when the claim
arose
7.
Details of any mutual credit, mutual
debts, or other mutual dealings between
the debtor and the creditor
which may be set-off against the claim
8.
Details of:
a.
any security held, the value of
security and its date, or
b.
retention title arrangement
in
respect of goods or properties to which
the claim refers
9.
Details of bank account to which the
amount of the claim or any part
thereof can be transferred pursuant
to a resolution
10.
List of documents attached to this
claim in
order to prove the existence and non-
satisfaction of claim due to the
creditor
Signature of the creditor or any person authorised in writing to act on his
behalf
(Please enclose the authority if this is being submitted signed on behalf of
the creditor)
Name in BLOCK LETTERS
Position with or in relation to the creditor
Address of the person signing
* PAN, Passport, AADHAAR or the EPIC issued by the Election Commission of
India.
DECLARATION
I, [Name of claimant], currently residing at [insert address], do hereby declare
and state as follows: -
1. [Name of corporate debtor], the corporate debtor was, at the insolvency
commencement date, being the……………..day of…………..20……., actually
indebted to me in the sum of Rs. [insert amount of claim].
2. In respect of my claim of the said sum or any part thereof, I have relied
on the documents specified below: [Please list the documents relied on as
evidence of claim].
3. The said documents are true, valid and genuine to the best of my knowledge,
information and belief and no material facts have been concealed therefrom.
4. In respect of the said sum or any part thereof, neither I, nor any person,
by my order, to my knowledge or belief, for my use, had or received any
manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual
dealings between the corporate debtor and the creditor which may be set-
off against the claim].
Date:
Place:
(Signature of the claimant)
VERIFICATION
I, [Name] the claimant hereinabove, do hereby verify that the contents of this
proof of claim are true and correct to my knowledge and belief and no material
fact has been concealed therefrom.
Verified at … on this …… day of .............., 20…
(Signature of the claimant)
[Note: In the case of company or limited liability partnership, the declaration
and verification shall be made by the director/manager/secretary and in the
case of other entities, an officer authorised for the purpose by the entity].
FORM – 8[B2(i)]
[See rule 11(2)]
Statement of Credit and
Valuation of Security
(A) STATEMENT OF CREDIT
Sl. No
Financial
Enterprise
Form No
CLNO
Creditor ID
Remarks
PARTICULARS [N
RTGS, IMPS
OR
CHEQUE]
NAME OF THE
SCHEME
Creditor Bank Details
NAME OF THE
BANK
A/C
Number,
BRANCH/
IFSC
CODE
Date
Credit (Rs)
NEFT / RTGS /
IMPS
/
CHEQUE NO
Total Credit
(Rs)
Remarks
(B) Statement of Financial Entity Repayments and Bank Details
NAME OF THE
BANK
A/C
Number,
BRANCH/ IFSC
CODE
Date
Receipt
NEFT / RTGS /
IMPS
/
CHEQUE
NO
Total
Receipt
Remarks
Note: FE is Financial Entity. Please ensure Account Number,
IFSC Code and amounts written for Credit and Receipt are
correct as it will be cross verified. False
information is punishable.
(C ) Statement of Securities
Security
(Description)
Moveable
/
Immoveable
Location
Document
Proof
of Security
Valuation
Date:
Name
&
Signature
Form 8(C)
[Rule 11(2)]
Affidavit to be filed with Claim
I,
(Name),
(Age)
(Gender)
S/o or D/o or W/o
(Name of Father /
Husband),
Permanent
Address:
PIN
Current
Postal
Address
do hereby solemnly
affirm on oath as follows:
1. I have been residing in the above address and my personal details are as
under:
1.
Aadhaar Number
2.
Mobile Number
3.
PAN
4.
Date of Birth &
Age
5.
Occupation:
6.
Annual Income
(from all
Sources)
2. I have
invested
money
in
the
following financial
establishment
(henceforth, FE)
1)
Name of the FE
2)
Address of the FE
3)
Name of the
Director/
Promoter/
Agent
through
whom
money invested in
the Company and
their
Mobile number if
any.
4)
Customer ID given
by the FE
5)
Name of the scheme
in which money has
been invested
From
(Date)
To
(Date)
No of
Instalments
Total
Amount
Deposited
6)
Name
of
the
scheme in which
money has been
invested
Rate
of
Interest
Paid
by
FE
Instalments
Paid by FE
Total Amount
Paid By FE
Balance
Payable
by
FE
7)
Mode of Payment
to the FE (Cash /
Cheque/
NEFT/RTGS)
Bank
Account
Number
Name of
Bank
Branch
Bank Account
No of FE
Name
of
Bank
Branch
of FE
3. I state that Sri/ Smt
(Name), the Director/
Promoter/ Agent/ Partner / Employee of the said FE had collected Rs.
on an assurance to pay the sum of Rs
in cash or kind in the form of
(describe
the
facility or property or valuable or instrument promised and not complied or
amount not returned as promised), and has fraudulently defaulted
a. to return the deposit a(er maturity or on demand by me
b. to provide the service against such deposit; cheated me by the amount
which I have invested. OR
c.
(any other complaint)
4. I am herewith producing the attested copy of the Bond/ Memorandum of
Understanding/ Security Document / Deposit Contract or Certificate /
Share Certificate / Pass Book as detailed hereunder:
Bond/ Memorandum of
Understanding/ Security
Document / Deposit
Contract or Certificate /
Share Certificate / Pass
Book No.
Date of issue of Bond/
Memorandum
of
Understanding/
Security Document /
Deposit
Contract or Certificate /
Share
Certificate / Pass Book
5. I state that I am not a former or present promoter, owner, partner,
director, manager, member, administrator, accountant, employee or
collaborator, in any form or any connected person of the said financial
establishment or its subsidiaries or group of companies and further that I
do not have any business relationship with the said financial
establishment.
6. I state that I am not an accused in any cases including criminal cases
pertaining to or related to the above-mentioned financial establishment.
7. I state that I was employed at …………………………… (Name of the
organization)
with
the
designation
of
…………………………………………………. from ……………. (DD/MM/YY) to
……………. (DD/MM/YY) receiving a salary of Rs……… per month and a yearly
remuneration of Rs. ……………………………….. during the period of which I have
invested in the Financial Establishment, and have never been employed by the FE
for any valuable consideration or as an agent.
8. I state that I am in possession of the originals of the above-mentioned
documents and I agree to produce the original documents as and when called
for by the Competent Authority or any competent court.
9. I state that above information provided by me are true to the best of my
knowledge and I have not suppressed or concealed any fact. I understand
that if any information and / or documents produced by me are found to
be false, fabricated or forged, I shall be liable for criminal prosecution, and
shall also forfeit my claim.
Date:
Deponent
Place:
Form 9(A)
[See rule 11(3)(i)(b)]
Declaration by Claimant who is not the Depositor
I/We wish to inform the demise of Shri/ Smt/ Kumari
on
. He / she was
depositor in Deposit Account / Document No
in Financial Establishment
and is eligible
for return of the balance due.
I/We have lodged my/our claim for the balances due vide Claim Registration No
. I/We am/are the legal heir/s of the above named deceased
person. The relevant information about the deceased and the legal heirs are as
under:-
1. Names in full of the parents of the deceased:
Father
Mother
2. Religion of the deceased
3. Details of living: (i) Husband (ii) Wife (iii) Children (iv) Father (v) Mother (vi) Brother
(vii) Sister (viii) Grand Children, the name and address with their respective ages,
Relationship with the deceased
Sl No.
Full Name
Address
Occupation Age
4. Claimant/s name/s and address in full:
i)
ii)
iii)
I/We submit photocopies of the following documents.
1. Death Certificate issued by:
2. Letter of Indemnity (in given Form)
I/We request you to pay the balance amount with up to date interest lying to
the
credit
of
the
above
mentioned
account
to
on
our
behalf.
I/We
hereby
solemnly affirm that the above statements are true and correct to the best of
my/our knowledge and belief.
Place:
Date:
Notarized by:
Yours faithfully,
Signature of Claimant(s)
Form 9(B)
[See rule 11(3)(i)(b)]
LETTER OF INDEMNITY
To be executed by all the major legal heirs of the deceased and two
sureties of substantial worth
To the Competent Authority
Dear Sir/ Madam,
Re:
Claim
No
with
Customer
ID
No
in
Scheme
in
the
name
of
.
1. We
regret
to
inform
you
that
Shri/Smt./Kum.
who was
Depositor /
Claimant
in
the
above Scheme of the
Financial
Establishment
from date
to
is deceased on
.
2. We have further to inform you that he/she left behind him/her surviving
as his/her only heirs and next-of-kin the following (name of heirs & next of
kin)
Sl
No
Name
Gender &
Age
Relationship
Photo ID
According to the Law of Intestate Succession, applicable to (Hindu,
Muslim, Parsi, etc) by which Law he/ she
was governed at the time of his/her death.
3. We have further to inform you that the balance payable to the said
Claimant is Rs.
/- for Scheme
and
Customer ID No
.
That there are articles / money returnable to the said Claimant in
Deposit vide Agreement / Contract/
Bond
/ Guarantee
Number
:
Sl No Article/
Amount
/ Property in
Deposit
Description
Value
Type
of
Agreement
/
Bond /
Contract
4. We request you to release the aforesaid sum and /or Articles / Property
in Deposit to the undersigned Smt. / Shri
Address:
(Name & address of person whom to pay/ handover) on our behalf
without insisting on production of legal representations and you have kindly
agreed to do so on our executing an Indemnity as is herein contained and
on relying on the information herein given by us and believing the same to be
true.
5. In consideration therefore, of your having at our request agreed to pay the
entire balance receivable to the credit of the aforesaid account/ handing
over the Article/ Property in Deposit to the undersigned
(Name of same person whom to
pay/handover) we, the undersigned
((name of heirs & next of kin)
Sl
No
Name
Relationship
Address
and
(name of two sureties)
We hereby jointly and severally agree and undertake to indemnify and
keep indemnified, saved, defended, harmless you and your Successors and
Assignees for all times hereafter against all losses, costs, claims, actions,
demands, risks, charges, expenses, damages, etc. whatsoever which you
may suffer and or incur by reason of your at our request paying / handing
over as mentioned hereinabove to the undersigned
(name of same person whom to pay/handover)
the aforesaid balance of Rs.
to the credit of the aforesaid
account / Article/ Property in Deposit without insisting on production of
legal representations. Yours faithfully,
NAME OF HEIRS & NEXT OF KIN SIGNATURE & DATE
1.
2.
3.
4.
5.
NAME OF SURETIES & SIGNATURE & DATE
1.
2.
ಮುದÎಕರು ²ಾಗೂ ಪÎಾಶಕರು:- ಸಂಕಲ£ಾĩಾĸಗಳ , ಕ£ಾಟಕ ªಾಜÍಪತÎ, ಸಾĸ ೇಂದÎ ಮುದÎಾಲಯ, ¦ೆಂಗಳರು
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
P S BASAVARAJU
Digitally signed by P S BASAVARAJU
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Date: 2026.08.31 17:27:38 +05'30'