21. Punishment for contravention of section 3. — (1) Any deposit taker who solicits deposits in
contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than
one year but which may extend to five years and with fine which shall not be less than two lakh rupees but
which may extend to ten lakh rupees.
(2) Any deposit taker who accepts deposits in contravention of section 3 shall be punishable with
imprisonment for a term which shall not be less than two years but which may extend to seven years and
with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees.
(3) Any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in
repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment
for a term which shall not be less than three years but which may extend to ten years and with fine which
shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds
collected from the subscribers, members or participants in the Unregulated Deposit Scheme.
Explanation.—For the purposes of this Act,—
(i) the expression “fraudulently” shall have the same meaning as assigned to it in section 25 of the
Indian Penal Code (45 of 1860);
(ii) where the terms of the Deposit Scheme are entirely impracticable or unviable, the terms shall be
relevant facts showing an intention to defraud.
22. Punishment for contravention of section 4. — Any deposit taker who contravenes the provisions
of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with
fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or
three times the amount of profits made out of the fraudulent default referred to in said section, whichever
is higher, or with both.
23. Punishment for contravention of section 5. —Any person who contravenes the provisions of
section 5 shall be punishable with imprisonment for a term which shall not be less than one year but
which may extend to five years and with fine which may extend to ten lakh rupees.
24. Punishment for repeat offenders. —Whoever having been previously convicted of an offence
punishable under this Chapter, except the offence under section 26, is subsequently convicted of an
offence shall be punishable with imprisonment for a term which shall not be less than five years but which
may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend
to fifty crore rupees.
25. Offences by deposit takers other than individuals. — (1) Where an offence under this Act has
been committed by a deposit taker other than an individual, every person who, at the time the offence was
committed, was in charge of, and was responsible to, the deposit taker for the conduct of its business, as
well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
(2) Nothing contained in sub-section (1) shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a deposit taker other than an individual, and it is proved that the offence—
(a) has been committed with the consent or connivance of; or
(b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner,
employee or other officer of the deposit taker,
such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
26. Punishment for contravention of section 10. — Whoever fails to give the intimation required
under sub-section (1) of section 10 or fails to furnish any such statements, information or particulars as
required under sub-section (2) of that section, shall be punishable with fine which may extend to five lakh
rupees.
27. Cognizance of offences.— Notwithstanding anything contained in section 4, no Designated Court
shall take cognizance of an offence punishable under that section except upon a complaint made by the
Regulator:
Provided that the provisions of section 4 and this section shall not apply in relation to a deposit taker
which is a company.