Reserve Bank of India Act, 1934
45S. Deposits not to be accepted in certain
cases
(1) No person, being an individual or a firm or an unincorporated
association of individuals shall, accept any deposit-
(i) if his or its business wholly or partly
includes any of the activities specified in clause (c) of section 45-I; or
(ii) if his or its principal business is that
of receiving of deposits under any scheme or arrangement or in any other
manner, or lending in any manner:
PROVIDED that nothing contained in this sub-section
shall apply to the receipt of money by an individual by way of loan from any of
his relatives or to the receipt of money by a firm by way of loan from the
relative or relatives of any of the partners.
(2) Where any person referred to in sub-section (1) holds any
deposit on the lst day of April, 1997 which is not in accordance with
sub-section (1), such deposit shall be repaid by that person immediately after
such deposit becomes due for repayment or within three years from the date of
such commencement, whichever is earlier:
PROVIDED that if the bank is satisfied on an
application made by any person to the bank that such person is unable to pay a
part of the deposits for reasons beyond his control or such repayment shall
cause extreme hardship to him, it may, by an order in writing, extend such
period by a period not exceeding one year subject to such conditions as may be
specified in the order.
(3) On and from the lst day of April, 1997, no person referred
to in sub-section (1) shall issue or cause to be issued any advertisement in
any form for soliciting deposit.
Explanation: For the purposes of this section, a person shall
be deemed to be a relative of another if, and only if-
(i) they are members of a Hindu undivided family; or
(ii) they are husband and wife; or
(iii) the one is related to the other in the manner indicated in
the List of relatives below:
List of relatives
1. Father, 2. Mother (including step-mother), 3. Son (including
step-son), 4. Son's wife, 5. Daughter (including step-daughter), 6. Father's
father, 7. Father's mother,8. Mother's mother,9. Mother's father,10. Son's son,
11. Son's wife, 12. Son's daughter, 13. Son's daughter's husband, 14.
Daughter's husband, 15. Daughter's son, 16. Daughter's son's wife, 17.
Daughter's daughter, 18. Daughter's husband, 19. Brother (including
step-brother), 20. Brother's wife, 21, Sister (including step-sister), 22.
Sister's husband.]