Saradha Chit Fund Scam

PRESENTED BY:-
Nripendra Vikram Singh
CHITTY CHITTY BANG BANG!
CHIT FUND
 A kind of savings scheme practiced in India
 Can be conducted by financial institutions or
between group of friends and family.
 Popular because other small savings schemes run
by Indian Postal Service etc give low rate of return.
 Chit Funds are also misused by its promoters and
there are many instances of the founders running
what is basically a Ponzi scheme and absconding
with their money.
DEFINITION
 According to Section 2(b) of the Chit Fund Act, 1982,
"Chit means a transaction whether called chit, chit fund,
chitty, kuri or by any other name by or under which a
person enters into an agreement with a specified
number of persons that every one of them shall
subscribe a certain sum of money (or a certain quantity
of grain instead) by way of periodical installments over a
definite period and that each such subscriber shall, in
his turn, as determined by lot or by auction or by tender
or in such other manner as may be specified in the chit
agreement, be entitled to the prize amount"
EXAMPLE
Take a typical chit fund with 25 members contributing
Rs.100 per week. This fund will run for 25 weeks. On the
first week all members will contribute Rs.100. An auction
meeting will be conducted, and the foreman of the chit fund
will preside over it. The total amount will be Rs.2500. The
auction will start with this amount. Bidders will start bidding
by discounting this amount. Let us consider that lowest any
person bids is Rs.2150 (a discount of Rs.350). This amount
(Rs.2150) is given to this winning bidder. Rest of the
amount is divided by 25, bringing the discount per person
to Rs.14. This discount amount is returned back to each
member. Sometimes a part of this may be kept by the
foreman as service charges, usually in organized chit
funds.
ACTS
Chit funds in India are governed by various state or central
laws. Organized chit fund schemes are required to register
with the Registrar or Firms, Societies and Chits.
• Union Government - Chit Funds Act 1982 (Section 2(b))
• Kerala - Kerala Chitties Act 1975
• Tamil Nadu - Tamil Nadu Chit Funds Act, 1961
• Karnataka: The Chit Funds (Karnataka) Rules, 1983
• Andhra Pradesh - The Andhra Pradesh Chit Funds Act,
1971
• New Delhi- The Chit Funds Act,1982 and Delhi Chit Funds
Rules, 2007
• Maharashtra - Maharashtra Chit Fund Act 1975
SARADHA GROUP
 Key People
 Sudipto Sen
 Debjani Mukhopadhdhay
 Originally a financial concern but invested heavily in
brand building.
 Bengali film industry
 Local television channels
 Newspapers
 In 2011, Saradha Group buys Global Automobiles, a
heavily indebted motorcycle company.
 CSR Activities – Donated motorcycles to Kolkata Police
 The group also invested in football clubs like Mohan
Bagan and sponsored Durga Puja.
OPERATIONS AND SCAM
• Started in 2006 with promises of astronomical returns in
Ponzi Schemes. Started building brand by buying and
selling media channels
• Used nexus of companies for money laundering
• Collected money by using secured debentures and
redeemable preferential bond
• Violation of section 67 of Indian Companies Act
• SEBI challenged them for the first time in 2009
• Creation of more than 300 new companies
OPERATIONS AND SCAM
•SEBI persisted, in 2010, Saradha’s method of raising
funds changed
•Collective Investment Schemes like tourism packages,
real estate fund launched in the name of Chit Fund
•In 2011, SEBI warned West Bengal government about
the alleged schemes of the company as the concept of
chit fund is regulated by state governments and not by
SEBI
•In 2012, SEBI identified that the group operated CIS and
not Chit Fund.
•Saradha group started trading in stock market and
siphoning off the proceeds
REACTION
• On 7 December 2012, RBI governor stated that the
West Bengal government should initiate suo motu
action against companies which were indulging in
financial malpractices.
• Sudipto Sen, wrote a confessional letter to CBI in
April 2013 and fled. He was later arrested.
• PIL was filed on 22nd April 2013 in Guwahati High
Court and Calcutta High Court
• CBI investigation started
LEGAL IMPLICATION AND
CURRENT STATUS
22 April 2013 West Bengal government announced that
a four-member judicial inquiry commission headed by
Shyamal Kumar Sen, retired Chief justice of Allahabad
High Court would probe the scam
On 24 April 2013, Mamata Banerjee announced a
controversial Rs 500-crore relief fund for the low income
depositors of the Saradha Group
In light of the scam, SEBI requested sweeping powers to
investigate and prosecute any fraudulent collective
investment schemes.
On 7 May 2013, Calcutta High Court appointed a three
member administrator group to run Tara News and Tara
Muzic
On 23 May 2013, Chief Minister, Mamata Bannerjee
indicated the willingness of West Bengal Government to
take over Saradha owned TV channels Tara News and
Tara Muzic, which had earlier been sent under
administration by Calcutta High Court
LEGAL IMPLICATION AND
CURRENT STATUS
CURRENT STATUS AND
EFFECTS
• SUPREME COURT
• EFFECT ON ECONOMY
• POLITICAL DISHARMONY
CHIT VIGILANCE CELL
 To detect unauthorized chits and other irregularities
committed by the Chit Fund Companies, a Chit Vigilance
Cell has been formed which is headed by the Additional
Registrar of Chits. The Personal Assistant (Chits) to
Inspector General of Registration and Chit Inspectors of
Chennai – North, South and Central are members of the
Cell.
SUGGESTION
To save the innocent public from being cheated by
unscrupulous Chit conducting companies, periodical
checks are conducted by the department. The officials of
the Registration Department are keeping strict vigil over
the conduct of unauthorized chits.
Saradha Chit Fund Scam
1 von 15

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Saradha Chit Fund Scam

  • 1. PRESENTED BY:- Nripendra Vikram Singh CHITTY CHITTY BANG BANG!
  • 2. CHIT FUND  A kind of savings scheme practiced in India  Can be conducted by financial institutions or between group of friends and family.  Popular because other small savings schemes run by Indian Postal Service etc give low rate of return.  Chit Funds are also misused by its promoters and there are many instances of the founders running what is basically a Ponzi scheme and absconding with their money.
  • 3. DEFINITION  According to Section 2(b) of the Chit Fund Act, 1982, "Chit means a transaction whether called chit, chit fund, chitty, kuri or by any other name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical installments over a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be specified in the chit agreement, be entitled to the prize amount"
  • 4. EXAMPLE Take a typical chit fund with 25 members contributing Rs.100 per week. This fund will run for 25 weeks. On the first week all members will contribute Rs.100. An auction meeting will be conducted, and the foreman of the chit fund will preside over it. The total amount will be Rs.2500. The auction will start with this amount. Bidders will start bidding by discounting this amount. Let us consider that lowest any person bids is Rs.2150 (a discount of Rs.350). This amount (Rs.2150) is given to this winning bidder. Rest of the amount is divided by 25, bringing the discount per person to Rs.14. This discount amount is returned back to each member. Sometimes a part of this may be kept by the foreman as service charges, usually in organized chit funds.
  • 5. ACTS Chit funds in India are governed by various state or central laws. Organized chit fund schemes are required to register with the Registrar or Firms, Societies and Chits. • Union Government - Chit Funds Act 1982 (Section 2(b)) • Kerala - Kerala Chitties Act 1975 • Tamil Nadu - Tamil Nadu Chit Funds Act, 1961 • Karnataka: The Chit Funds (Karnataka) Rules, 1983 • Andhra Pradesh - The Andhra Pradesh Chit Funds Act, 1971 • New Delhi- The Chit Funds Act,1982 and Delhi Chit Funds Rules, 2007 • Maharashtra - Maharashtra Chit Fund Act 1975
  • 6. SARADHA GROUP  Key People  Sudipto Sen  Debjani Mukhopadhdhay  Originally a financial concern but invested heavily in brand building.  Bengali film industry  Local television channels  Newspapers  In 2011, Saradha Group buys Global Automobiles, a heavily indebted motorcycle company.  CSR Activities – Donated motorcycles to Kolkata Police  The group also invested in football clubs like Mohan Bagan and sponsored Durga Puja.
  • 7. OPERATIONS AND SCAM • Started in 2006 with promises of astronomical returns in Ponzi Schemes. Started building brand by buying and selling media channels • Used nexus of companies for money laundering • Collected money by using secured debentures and redeemable preferential bond • Violation of section 67 of Indian Companies Act • SEBI challenged them for the first time in 2009 • Creation of more than 300 new companies
  • 8. OPERATIONS AND SCAM •SEBI persisted, in 2010, Saradha’s method of raising funds changed •Collective Investment Schemes like tourism packages, real estate fund launched in the name of Chit Fund •In 2011, SEBI warned West Bengal government about the alleged schemes of the company as the concept of chit fund is regulated by state governments and not by SEBI •In 2012, SEBI identified that the group operated CIS and not Chit Fund. •Saradha group started trading in stock market and siphoning off the proceeds
  • 9. REACTION • On 7 December 2012, RBI governor stated that the West Bengal government should initiate suo motu action against companies which were indulging in financial malpractices. • Sudipto Sen, wrote a confessional letter to CBI in April 2013 and fled. He was later arrested. • PIL was filed on 22nd April 2013 in Guwahati High Court and Calcutta High Court • CBI investigation started
  • 10. LEGAL IMPLICATION AND CURRENT STATUS 22 April 2013 West Bengal government announced that a four-member judicial inquiry commission headed by Shyamal Kumar Sen, retired Chief justice of Allahabad High Court would probe the scam On 24 April 2013, Mamata Banerjee announced a controversial Rs 500-crore relief fund for the low income depositors of the Saradha Group
  • 11. In light of the scam, SEBI requested sweeping powers to investigate and prosecute any fraudulent collective investment schemes. On 7 May 2013, Calcutta High Court appointed a three member administrator group to run Tara News and Tara Muzic On 23 May 2013, Chief Minister, Mamata Bannerjee indicated the willingness of West Bengal Government to take over Saradha owned TV channels Tara News and Tara Muzic, which had earlier been sent under administration by Calcutta High Court LEGAL IMPLICATION AND CURRENT STATUS
  • 12. CURRENT STATUS AND EFFECTS • SUPREME COURT • EFFECT ON ECONOMY • POLITICAL DISHARMONY
  • 13. CHIT VIGILANCE CELL  To detect unauthorized chits and other irregularities committed by the Chit Fund Companies, a Chit Vigilance Cell has been formed which is headed by the Additional Registrar of Chits. The Personal Assistant (Chits) to Inspector General of Registration and Chit Inspectors of Chennai – North, South and Central are members of the Cell.
  • 14. SUGGESTION To save the innocent public from being cheated by unscrupulous Chit conducting companies, periodical checks are conducted by the department. The officials of the Registration Department are keeping strict vigil over the conduct of unauthorized chits.