|   45I. Definitions.     In this Chapter, unless the  context otherwise requires, –   1[(a)  ‘‘business of a non-banking financial institution’’ means carrying on of  the business of a financial institution referred to in clause (c) and includes  business of a non-banking financial company referred to in clause (f);]   2[(aa)]  ‘‘company’’ means a company as defined in section 3 of the Companies  Act, 1956 and includes a foreign company within the meaning of section 591 of  that Act: (b) ‘‘corporation’’ means  a corporation incorporated by an Act of any legislature;   3[(bb)  ‘‘deposit’’ includes and shall be deemed always to have included any  receipt of money by way of deposit or loan or in any other form, but does not  include, – (i) amounts raised by way of  share capital; (ii) amounts contributed as  capital by partners of a firm; (iii) amounts received from a  scheduled bank or a co-operative bank or any other banking company as defined in  clause (c) of section 5 of the Banking Regulation Act, 1949; (iv) any amount received from,  –   4[*****] (b) a State Financial  Corporation, (c) any financial institution  specified in or under section 6A of the Industrial Development Bank of India  Act, 1964, or (d) any other institution that  may be specified by the Bank in this behalf: (v) amounts received in the  ordinary course of business, by way of– (a) security deposit, (b) dealership deposit, (c) earnest money, (d) advance against orders for  goods, properties or services, (vi) any amount received from an  individual or a firm or an association of individuals not being a body  corporate, registered under any enactment relating to money lending which is for  the time being in force in any State; and (vii) any amount received by way  of subscriptions in respect of a chit. Explanation I.– ‘‘Chit’’  has the meaning assigned to it in clause (b) of section 2 of the Chit Funds Act,  1982 (40 of 1982). Explanation II. – Any credit  given by a seller to a buyer on the sale of any property (whether movable or  immovable) shall not be deemed to be deposit for the purposes of this clause;] 11[Explanation III. - The amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such cooperative society.] 5[(c)  ‘‘financial institution’’ means any non-banking institution which  carries on as its business or part of its business any of the following  activities, namely: – (i) the financing, whether by way  of making loans or advances or otherwise, of any activity other than its own: (ii) the acquisition of shares,  stock, bonds, debentures or securities issued by a Government or local authority  or other marketable securities of a like nature: (iii) letting or delivering of  any goods to a hirer under a hire-purchase agreement as defined in clause (c) of  section 2 of the Hire-Purchase Act, 1972: (iv) the carrying on of any class  of insurance business; (v) managing, conducting or  supervising, as foreman, agent or in any other capacity, of chits or kuries as  defined in any law which is for the time being in force in any State, or any  business, which is similar thereto; whatever name called,  monies in lumpsum or otherwise, by way of subscriptions or by sale of units, or  other instruments or in any other manner and awarding prizes or gifts, whether  in cash or kind, or disbursing monies in any other way, to persons from whom  monies are collected or to any other person, 6[but  does not include any institution, which carries on as its principal business,– (a) agricultural operations; or (aa) industrial activity; or] (b) the purchase or sale of any  goods (other than securities) or the providing of any services; or (c) the purchase, construction or  sale of immovable property, so however, that no portion of the income of the  institution is derived from the financing of purchases, constructions or sales  of immovable property by other persons;] 7[Explanation.  – For the purposes of this clause, ‘‘industrial activity’’ means any  activity specified in sub-clauses (i) to (xviii) of clause (c) of section 2 of  the Industrial Development Bank of India Act, 1964;] (d) ‘‘firm’’ means  a firm as defined in the Indian Partnership Act, 1932 8[*  * *]; (e) ‘‘non-banking  institution’’ means a company, corporation 9[or  cooperative society]. 10[(f)  ‘‘non-banking financial company’’ means– (i) a financial institution which  is a company; (ii) a non-banking institution  which is a company, and which has as its principal business the receiving of  deposits, under any scheme or arrangement or in any other manner, or lending in  any manner; (iii) such other non-banking  institution or class of such institutions, as the Bank may, with the previous  approval of the Central Government and by notification in the Official Gazette,  specify;]   Note:  1.  Ins. by Act 23 of 1997 s.  2 (w.e.f. 9-1-1997).  2.  Cl. (a) renumbered as  (aa) by Act 23 of 1997 s.2 (w.e.f. 9-1-1997).  3.  Subs.  by Act 1 of 1984 s.9, for cl. (bb) w.e.f.  15-2-1984).  4.  Item (a) - containing the  words "the Development Bank" - omitted by the Industrial Development  Bank (Transfer of Undertaking and Repeal) Act, 2003 (Act No.53 of 2003), Sec. 4.    5.  Subs.  by Act 51 of 1974, s.17, for cl. (c)  6.  Subs. by Act 23 of 1997,  s. 2 (w.e.f. 9-1-1997).  7.  Ins. by Act 23 of 1997,  s.2 (w.e.f. 9-1-1997).  8.  Certain words omitted by  Act 1 of 1984, s. 9, (w.e.f. 15-2-1984).  9.  Subs.  by s.9 ibid.,  for certain words (w.e.f. 15-2-1984).  10.  Ins. by Act 23 of 1997,  s.2, (w.e.f. 9-1-1997).     11.  Inserted by Act 21 of 2019, s. 42 & Sch. II (w.e.f 21-2-2019). |