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Puducherry Gazette · Government of Puducherry

NOTIFICATION: THE PUDUCHERRY PROTECTION OF INTERESTS OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS (AMENDMENT) ACT, 2017 (Act No. 12 of 2017, dated 8-12-2017)

Published 20 December 2017

Department
LAW DEPARTMENT
Type
Extraordinary
Gazette no.
69
Part
II
Identifier
in.gazette.puducherry.2017-12-20.extraordinary-ii-issue-69
Languages
English, Tamil, French
Published at
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No. Puducherry Wednesday 20th December 2017

( 29 Agrahayana 1939 )

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 30/Leg./2017-LD.

Puducherry, the 19th December 2017.

The following Act of the Legislative Assembly, Puducherry received the

assent of the President of India, on the 8th day of December, 2017 and is

hereby published for general information.

N. MURUGAVEL,

Under Secretary to Government (Law).

[1217] 1218 LA GAZETTE DE L'ETAT [PART–II

THE PUDUCHERRY PROTECTION OF

INTERESTS OF DEPOSITORS IN FINANCIAL

ESTABLISHMENTS (AMENDMENT) ACT, 2017

(Act No. 12 of 2017)

(8-12-2017)

AN

A C T

further to amend the Puducherry Protection of I n t e r e s t s o f D e p o s i t o r s i n F i n a n c i a l

Establishments Act, 2004.

BE it enacted by the Legislative Assembly of

Puducherry in the sixty-seventh year of the Republic

of India as follows :—

1. (1) This Act may be called the Puducherry

Short title and commencement.

Protection of Interest of Depositors in Financial

Establishments (Amendment) Act, 2017.

(2) Section 2 shall come into force at once

and section 3 shall be deemed to have come into

force on and from the 15th day of March, 2005.

2. In the Puducherry Protection of Interests of

A m e n d m e n t of section 2.

Depositors in Financial Establishments Act, 2004

Ac t No. 1 o f 2005.

(hereinafter referred to as the Principal Act), for

the existing clause (d) of section 2, the following

shall be substituted, namely:—

(d) "Financial Establishment" means an individual,association of individuals, a firm or a company registered Ac t No. 1 o f 1956. under the Companies Act, 1956 or a Limited Liability Partnership Firm registered under the Limited Liability Partnership Act, 2008 accepting deposit under anyscheme or arrangement or in any other manner, Ac t No. 6 o f 2009. but does not include:- 1219

PART–II] LA GAZETTE DE L'ETAT

(i) A corporation incorporated by an Act of

any Legislature; or

(ii) A co-operative society owned or controlled by any State Government or the Central Government or the Government of any Union Territory; or

(iii) A banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949; or

Ac t No. 10 o f 1949.

(iv) Any institution as the State Government

may, by notification, specify.

In the Principal Act, after section 3, the

following sections shall be inserted, namely:-

Insertion of new sections 3A and 3B.

Compounding of offences.

"3A. (1) An offence punishable under section 3 may, before the institution of prosecution, be compounded by the Competent Authority or after the institution of the prosecution, during any stage of judicial process before the Designated Court, be compounded by the Competent Authority with the permission of the Designated Court on payment of the entire amount due to the depositors with or without interest.

(2) Where an offence compounded under subsection (1), no proceeding or further proceeding, as the case may be, shall be taken or continued against the offender, in respect of the offence so compounded and the offender if in custody, shall be discharged forthwith.

Anticipatory bail not to be granted.

3B. Notwithstanding anything contained in section 438 of the Code of Criminal Procedure, 1973, no Court shall grant anticipatory bail to any person under this Act.". Ac t No. 2 o f 1974.

online publication at "http://styandptg.puducherry.gov.in" Government Central Press Directorate of Stationery and Printing Puducherry-605 009.

Cite this issue. Puducherry Gazette, Government of Puducherry, 20 December 2017. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2017-12-20.extraordinary-ii-issue-69/. Archive identifier in.gazette.puducherry.2017-12-20.extraordinary-ii-issue-69.