Terms and Conditions
The security given as above in the form of Bank deposit will not be released by the Register of
Chits until all the liabilities under the chit are discharged by the Foreman.
I. MODE OF CONDUCTING THE CHIT AND ASCERTAINING THE PRIZED SUBSCRIBER:
1.The Subscriber who is to get the prize amount at any instaiment shall be determined by lot or by
auction at the time and place specified in Article-III. The time allowed for auction shall be five
minutes from the commencement of the proceedings. Only full tickets have been subscribed and there is
no fraction of the ticket. The proceedings will be regulated and conducted by the Foreman or his authorised
Officer and in all cases of dispute, the decision of the Foreman/authorised Officer will be final.
The auction shall start from the Foreman's Commission of 5% of chit value and bidders may, in auction,
raise discount to the maximum of 30/35/40 percent of the chit value. Each time the bid shall be raised
by rupees hundred or multiples thereof. Written bid offers which are not in hundreds or multiples
thereof are liable to be rejected The Non-prized Subscriber, wha bids at the highest discount, not
exceeding the above specified maximum, will be declared as the Prized Subscriber. In case there is more
than one Bidder for the same discount, the auction will be decided by lot among such bidders. Only the
Subscribers or their authorised persons/proxies will be allowed to take part in auction. Such authorisation
shall be in writing.
2. A Non-prized Subscriber, who cannot personally participate in the auction, may send his authorised agent
or forward to the Foreman a bid offer stating the maximum amount of discount he is willing to offer which
must be received by the Foreman atleast one day before the concemed auction date and can be withdrawn only
24 hours before the auction time. Defaulted Subscribers will not be allowed to participate in the auction.
No outsider shall be permitted to participate in the auction. Chits which have been given as security for
other prized chits will not be allowed to be auctioned without written consent from the Foreman. A subscriber,
who has drawn a chit at any of the offices of the Foreman and subsequently becomes a defaulter, is not entitled
to bid and draw further chits, if any, he happens to hold, in any other branch.
3.Any non-prized subscriber, who wishes to take part in the auction, is entitled to do so within the five minutes time
limit fixed. The auction shall not be confirmed and concluded before the close of this time limit. In such auction,
when no bidder is forthcoming, a lot will be drawn from the non-prized subscribers at the close of 5 minutes and
such subscriber drawn by lot, will be declared as prized subscriber and he is entitled to receive the prize amount
less the fixed minimum discount equal to the Foreman's Commission.
II. MODE OF PAYMENT OF EACH INSTALMENT AND/OR PENALTY FOR BELATED PAYMENTS:
1.Each and every Subscriber shall pay to the Foreman the amount due for his ticket for each instalment on or before
the due date of each such auction and shall get a receipt therefor from the authorised person. Where payments are
made by cheque, they should be cashed well before the auction date.
I.NON-PRIZED SUBSCRIBER:
If a Non-prized Subscriber fails to deposit his/her monthly subscription before the due date, penalty will be charged
at the rate of 3 paise per rupee or part thereof. If the default is continued to second month, penalty will be charged
at the rate of 6 paise per rupee or part thereof per month. If the default continues for more than two months. the
Subscriber will forfeit the dividends due for the derauited instalments in addition to the aforesaid penalty charges.
A Subscriber who has not made upto-date payments of all the instalments due from him/her, will not be permitted to
bid in the auction
If a Non-prized Subscriber fails to pay subscription for three consecutive instalments, he shall be liable to be
removed from the list of Subscribers and the Foreman, at his option, shall be entitled to substitute a new Subscriber
in place of defaulting Subscriber or may himself subscribe for the ticket and the defaulted ticket of the chit will be dealt with in accordance
with the relevant provisions of chit funds act
The Foreman, at his discretion, can waive the penalties partly or fully and also can postpone the removal of membership
in suitable and deserving cases. An expelled member, not substituted, may be re-admitted on such terms as the Foreman deems
proper. A cancelled member is entitled to the amount actually subscribed by him, i.e., exclusive of dividends, less 5% of
the chit amount towards damages for breach of contract. This amount is payable on application either at end of the chit
period or earlier, if the vacancy is substituted.
I.PRIZED SUBSCRIBER:
When a Prized Subsoriber defaults in payment of subscription amount a penalty of 6 paise per rupee or part thereof will be
charged per month. If the default continues over a month, such a Member will also not be entitled to dividends for the
instalments after the default, in addition to the aforesaid penalty of 6 paise per rupee or part thereof per month.
If the default is continued consecutively for a period of 3 months, the Prized Subscribers lose the future dividends and
the benefit of paying the future subscriptions in instalments. The Prized Subscribers and their sureties shall become liable
to make a consolidated payment of all the future subscriptions inclusive of the defaulted instalments with interest at the
rate of 24% per annum from the date of default, apart from the legal expenses involved.
The Foreman, at his discretion, can condone such defaults and receive any amount from the chit holder and allow him to continue
as Subscriber. Such condonation will not in any way discharge the liability of all or any of the executants of security document
or of the nominees or legal heirs. The death of a Subscriber will also not discharge the liability of the nominee or the legal
heirs of the Subscriber
III. PROCEDURE FOR RECEIVING THE PRIZE AMOUNT BY A PRIZED SUBSCRIBER:
1. The prize amount will be paid to the Prized Subscriber at the Foreman's office during office hours on working days through a
crossed Alc payee cheque. This will be done within one month of his/her fumishing sufficient security for the due payment of future
instalments and the secunty on inspection, scrutiny etc., found to the satisfaction of the Foreman. Prized Subscribers, before
drawing the chit amount, must furnish necessary secunty or sureties to the satisfaction of the Foreman for due payment of the
future instalments. The security may be any of the following where the future liability is 3,00,000/- or less
a) Three permanent local Government servants on submission of photo ID cards, computerised pay-slips/salary certificates with
Disbursing Officer attestation, each drawing an unencumbered minimum monthly basic pay of:
₹ 4,500/- for future liability upto
₹ 5,000/- for future liability upto
₹ 10,000/- upto ₹ 15,000/-
₹ 5,500/- for future liability upto
₹ 15,000/- upto ₹ 20,000/-
₹ 6,000/- for future liability upto
₹ 20,000/- upto ₹ 25,000/-
₹ 6,500/- for future liability upto
₹ 25,000/- upto ₹ 50,000/-
₹ 8,000/- for future liability upto
₹ 50,000/- upto ₹ 75,000/-
₹ 8,500/- for future liability upto
₹ 75,000/- upto ₹ 1,00,000/-
₹ 9,500/- for future liability upto
₹ 1,00,000/- upto ₹ 1,50,000/-
₹ 11,000/- for future liability upto
₹ 1,50,000/- upto ₹ 2,00,000/-
₹ 12,500/- for future liability upto
₹ 2,00,000/- upto ₹ 2,50,000/-
₹ 14,500/- for future liability upto
₹ 2,50,000/- upto ₹ 3,00,000/-
FOR KAMATCHI CHITS PRIVATE LIMITED
(b) Permanent local employees in other Companies and Institutions, who have put in atleast 7 years of service
with Provident Fund, Gratuity and other benefits, drawing basic pay as stated above on submission of computerised
pay slips/salary certificates with disbursing officer attestation, may also be accepted as sureties at the
discretion of the Foreman.
Both Govt./Private employees should submit proof of age & period of service completed along with proof of residence
like ration card, telephone/electricity bill etc.
(c) Three local businessmen having secured and established business for atleast ten years and documentary proof
of business established, proof of residence such as ration card, telephone/electricity bill etc., and also
proof of Income Tax Assessment record for atleast 5 years period and such people should produce documentary
proof of their income i.e, latest three Income Tax Assessments along with audited Profit and Loss Account and
Balance Sheet and Adjusted Statement of Total Income certified by the Auditor, Sales Tax Assessment Order etc.,
to the verification and satisfaction of the Foreman. The sureties of both husband and wife who are partners of one
firm and further sureties of partners of one firm are not acceptable. Only businessmen who own immovable properties
are acceptable on submission of xerox copies of Sale Deed with latest house tax receipt.
(d)Assignment of Life Insurance Policy,provided the surrender value of the policy is atleast 1%1/2 times the liability
of the Prized Subscriber
(e) Deposits with the Company in the Chits or otherwise,free from any encumbrance,net paid-up amound of which after deducting
Foreman's Commission should not be less than 1% of the Prized Subscriber's liability with the Company
(f) Mortgage of immovable urban house property situated within the jurisdiction of the Branch either the prized subscriber or
a third party guarantor(s) on submission of originals of Sale Deed, Approved Plan. Link Documents. Encumbrance Certificate for
18 continuous years, latest property Tax payment Receipts etc., as security together with the personal guarantee of a person
acceptable to the Forman. The value of the property should exceed by three times of the amount due from the prized subscriber
(g) Guarantee of a Scheduled Bank for 1% of the amount of future liability and for a period upto 3 months from the date of chit expiry
2. In cases, where the future liability exceeds 3,00,000/- no personal security will normally be accepted. Security should be in the
form of mortgage of immovable urban property, the value of which should exceed by three times of the amount due from the Prized
Subscriber and such property should be situated within a radius of ten miles of the Foreman's office, where the liability rests.
In exceptional cases and entirely at the discretion of the Company, personal sureties fulfilling the requirements of clause (a),
(b) & (c) above may also be accepted subject to the submitted sureties taxable income or monthly basic pay for the future
liability amount is satisfactory to the Foreman.
3.The Foreman reserves his right to accept or reject any or all of the sureties
4. In case the Prized Subscriber or his nominee fails to fumish security and/or surety before the next succeeding auction date, the
Foreman shall deposit the amount in the Approved Bank and inform the fact to the Prized Subscriber and the Registrar
5. In case the amount so deposited is not sufficient for the payment of future subscriptions, the Foreman shall realise the balance
amount from the Prized Subscriber with interest at 12% per annum and incidental charges.
6. In case there remains a portion of the amount deposited after adjustment of all future subscriptions and incidental charges, the
Foreman shall pay such amount to the Prized Subscriber after the termination of the chit. In case the Foreman fails to do so,
the Prized Subscriber or his nominee shall realise the same from the Foreman together with interest thereon at 12% per annum
from the date of termination
7. If at any time after the prize amount is deposited with the approved Bank, the Prized Subscriber or his nominee fumishes
sufficient security to the satisfaction of the Foreman, the amount so deposited shall be withdrawn and paid to the Prized
Subscriber afterdeducting any unpaid subscription till that date.
8. Where any prized subscriber does not collect the prize amount in respect of any instalment of a chit within a period of
two months from the date of the draw, it shall be open to the foreman to hold another draw in respect of such instalment
Where the prized subscriber informs the Foreman in writing about his inability to draw the prize amount, it shall be open to
the foreman to hold another draw in respect of such instalment without waiting for two months.
9. When a prized subscriber does not furnish sufficient security, the Foreman has the right to adjust the unpaid prize
amount to future instalments and if the unpaid prize money is not sufficient to meet future subscriptions or the bid falls
in the re-auction held in respect of such instalment, the Foreman has the right to recover such losses and also incidental
charges from the amounts showing to the credit
10. If the Foreman fails to pay the prize amount to the Prized Subscriber or his nominee after furnishing sufficient security,
they shall be eligible to realise the prize money from the Foreman with interest at 12% per annum from the date of furnishing
security
11. Surety once offered and accepted will not be entertained again as surety for another chit holder till the liability of the
previous chit holder is cleared. This may be waived at the discretion of the management. Any member who has no monthly or regular
income or whose monthly income does not exceed the amounts as specified for sureties or who has already stood as a surety to
another member, may be called upon to furnish additional sureties. All subscribers/guarantors are required to submit one year
bank account statements and also xerox copies of sale deeds of their immovable properties along with Encumbrance Certificates
& latest house tax receipt. The prized subscriber and sureties must show proof that the balance years of service will be
atleast ten years after the date of expiry of the chit.
NOTE: The prized subscribers have to bear the charges for inspection of the property offered as security, stamp value, typing charges,
registration & legal fees, document processing charges, sureties verification charges etc., fixed by the foreman
IV. DISBURSEMENT OF DISCOUNT:
The discount for every ticket auctioned shall be disbursed as dividend equally between the Prized and Non-prized Subscribers after
deducting therefrom the Foreman's commission. Such dividend shall be adjusted towards the subscription payable for the next instalment
V. TRANSFER, HOW TO BE EFFECTED:
1. If a Non-prized Subscriber wishes to transfer his rights in the chit, he shall file an application to that effect with the Foreman,
specifying the name and address of the person in whose favour he wishes to transfer his rights. The Foreman has the right to approve
or not to approve such transfer. If he does not approve a transfer, the decision therefor shall be communicated to the said Non-prized
Subscriber. If the transfer is approved, the Transfer shall be entitled to no more rights than the Transferor had in respect of the
said ticket transferred
2. Without the previous sanction in writing from the Registrar of Chits, the Foreman shall not transfer his right to receive the subscriptions.
from the Prized Subscribers. Any such transfer shall, if it defeats or delays a Non-prized Subscriber, be avoidable at the instance of the
Subscriber
FOR KAMATCHI CHITS PRIVATE LIMITED
VI. FOREMANT'S COMMISSION AND THE INSTALMENT AT WHICH THE FOREMAN IS TO GET THE PRIZE AMOUNT
1. The Foreman shall subscribe to a ticket in the chit and hence he shall obtain the chit amount in the first instalment
without any deduction of discount. Therefore, the second instaiment should be paid in full by all the Subscribers.
2. The Foreman's commission shall be at five percent of the chit amound that is to say ₹
_________________________ at every instalment of auction.
VII. MISCELLANEOUS:
1.Any amount due to the Foreman from any Subscriber on account of the chit shall be appropriated from
the subscriptions paid by such Subscriber in any of his other chits with the Foreman. Similarly, the
security and other deposits of money made by the Foreman in respect of the chit shall be liable for
discharging the liability of the Foreman to the Subscribers
2. Incidental charges pertaining to intimations sent to the defaulted subscribers and to their guarantors, Chit Transfer Fee,
Vacant chit Interest and Duplicate Pass Book charges fixed by the Foreman and also all taxes as and when levied by the
Government should be bome by the concerned subscribers only.
3. Receipts shall be issued by the Foreman for all payments received by him. The Subscribers shall pass on proper acknowledgements.
for other documents and vouchers for all monies received by them from the Foreman.
4. The chit amount shall in no case be enhanced, but if necessary, may be reduced.
5. The Foreman shall convene a meeting on the requisition in writing of not less than 25% of Non-prized and unpaid Prized
Subscribers for making any alteration in the Chit Agreement not inconsistent with the provisions of the Act and the Rules made
there under
6. If the Foreman fails to conduct and continue the chit, he shall pay the Non-prized Subscribers their contributions including
dividend within one month failing which the said Subscribers shall be entitled to realise the same with permissible interest
from the Foreman or from all or any of the following assets
7. Other than the one chit amount which the Foreman is entitled to take in the first instalment without any discount, if he holds
any other tickets and becomes prized, he shall give sufficient security for payment of future subscriptions in respect of these
additional tickets, to the satisfaction of the Registrar. The Foreman shall not have any more rights than the other Subscribers have
in respect of such additional tickets.
8. As the Foreman is an incorporated Company, the question of the Foreman dying or becoming unable to conduct the chit does not arise.
unless it goes into liquidation. If it goes into liquidation, the official Liquidator under the Indian Companies Act will act as Foreman.
9.If the dates fixed for auctions fall on Public holidays, the auctions will be conducted on the next working day. If the auctions could not
be conducted on the appointed day owing to causes beyond the control of the Foreman, such as curfew, lockdown, freak of nature, bundhs, riots,
etc., the auctions will be adjoumed to some other convenient date on intimation to Subscribers. Further, if the similar situation is prolonged
for a month/months, then auctions will be conducted in immediate succeeding month/months thereby extending the termination of the chit with
intimation to subscribers.
10. If any dispute arises between the Foreman and the Subscribers and in the absence of any provisions in this Chit Agreement, the provision of
the Chit Funds Act 40 of 1982 and the Rules framed thereunder shall apply and be binding on both the Foreman and the Subscribers.
11. The Foreman on receipt of a fee of 5/- will allow examination of pertinent chit record by Non-prized and unpaid Prized Subscriber under Section
44 of Chit Funds Act 1982 at the Foreman's office during office hours on all working days. One week's prior notice should be given to the Foreman.
The inspection fee shall be leviable separately for each chit for which inspection is desired
12. If the Subscriber or the Guarantor dies or becomes of unsound mind or is otherwise incapacitated, the amount due to the Foreman will be recovered
from the legal heirs of the deceased Subscriber or Guarantor as the case may be.
IN WITNESS WHEREOF THE FOREMAN and the SUBSCRIBER here to have set their respective signatures in separate copies of this
Agreement on this the ________________________
WITNESSES:
KAMATCHI CHITS PRIVATE LIMITED