The first subscription is literally shared between the company and its

agents and one need not wonder that under the method of accountancy
adopted by the Company it is treated as income and not as a liability of
the company

. At this point we may refer to one of the schemes marketed by the Life
Insurance Corporation of India which appears to be familiarly known in
circles connected with deposit schemes as 'Table No. 21 Policy'. We are
referring to this policy as it was argued before us that the endowment
scheme of the Peerless Company is better conceived in the interests of
the investors than the 'Table No. 21 Policy' of the Life Insurance
Corporation and yet no one has thought of stopping the Life Insurance
Corporation of India from marketing the Policy. For a better appreciation of
the submissions which we will consider at a later stage, we desire to set
out the details of the Policy at this juncture itself in order to compare it
with the Endowment Scheme of the Peerless Company. Two things have to
be straightaway noticed, first, the 'Table No. 21 Policy' offered by the Life
Insurance Corporation is not a life Insurance policy, as we generally know
it, second, it is a policy without profits. Under this policy no one need
undergo medical examination and no one would be unacceptable for
reasons of health only. These two features are common to the Peerless
Endowment Scheme and the 'Table No. 21 Policy'

. In 1964, by Central Act No. 55 of 63 the Reserve Bank of India Act was amended by the
addition of Chapter III (B) consisting of Sections 45H to 45Q. The title of the chapter is
"Provisions relating to Non-Banking Institutions receiving deposits and Financial
Institutions." Section 45I(c) defines Financial Institution as follows:'Financial Institution' means any non-banking institution which carries on as its business or
part of its business or 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 curies as defined in any law which is for the time being in force in any State, or any
business, which is similar thereto;
(vi) collecting, for any purpose or under any scheme or arrangement by 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;
but does not include any institution, which:
(i) is an industrial concern as defined in Clause (c) of Section 2 of the Industrial Development
Bank of India Act, 1964, or
(ii) carries on as its principal business :(a) agricultural operations; 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;
(d) "firm" means a firm as defined in the Indian Partnership Act, 1932;
(e) "non-banking institution" means a company, corporation, (or co-operative society)

``````````````````````````````````````

In 1970 the Banking Commission constituted a Study Group headed by Dr. Bhabatosh Dutta
to review the role of various non-banking financial intermediaries. The Study Group confined
their study to five classes of Finance Institutions which they considered were important NonBanking Financial Institutions. They were:1. Hire Purchase Finance Institutions;

2. Investment Companies;
3. Chit Funds/Kuris;
4. Nidhis or Mutual Benefit Funds; and
5. Finance Corporations

Thereafter, as a follow-up of the recommendations of the Raj Committee, in 1977 two sets of
directions were issued by the Reserve Bank, called the Miscellaneous Non-Banking
Companies (Reserve Bank) Directions, 1977 and the Non-Banking Financial Companies
(Reserve Bank) Directions, 1977. Paragraph 2 of Miscellaneous Non-Banking Companies
(Reserve Bank) Directions, 1977 was more or less the same as paragraph 2 of the 1973
directions. As in the 1973 directions, so also in the 1977 directions a Miscellaneous NonBanking Company was defined to mean a company carrying on all or any of the types of
business referred to in paragraph 2 of the directions. Paragraph 5 of the 1977 Miscellaneous
Non-Banking Companies (Reserve Bank) Directions which corresponded to paragraph 4 of
the 1973 directions, however, made a radical departure from the earlier provision. For the
first time, a ceiling was fixed on the period for which deposits could be accepted. It was
provided that the period of a deposit could not be more than six months. Paragraph 14 also
vested in the Reserve Bank the power to grant exemption in suitable cases.

. The question for our consideration is, "Is the Endowment Scheme of the
Peerless Company a prize chit within the meaning of Section 2(e) of the
Prize Chits and Money Circulation Schemes (Banning) Act?" The particulars
of the scheme are not in dispute. What is its nature? It is not a gambling
scheme. It is not a lottery scheme. There are no prizes, no gifts, no
elements of chance. It is just a plain Recurring Deposit Scheme such as
the many schemes floated by Commercial Banks and National Savings
Organisation. This is admitted in the Inspection Report of the Reserve
Bank of India. But, says the Counsel for the Reserve Bank, if money is
received in a lumpsum or in installments and money is utilised either for
payment of prizes or for refund of the whole or part of the amount of
subscription, the scheme is a prize chit as defined. Prize or gift is not an
essential element and refund of the amount of subscription is sufficient to

bring it within the mischief of Section 2(e). He says Clauses (i) and (ii) of
the definition are disjunctive. He emphasises the words "for all or any of
the following purposes". And, he stresses the fact that the definition is an
'inclusive' one. He says that if Commercial Banks, the National Savings
Organisation and others are permitted to receive deposits and to run
Recurring Deposit Schemes, they do so under special statutes.

Much argument was advanced on the significance of the word 'includes' and what an
inclusive definition implies. Both sides relied on Dilworth's case. Both sides read out the well
known passage in that case where it was stated,
The word "include" is very generally used in interpretation clauses in order to enlarge the
meaning of words or phrases occurring in the body of the statute; and when it is so used these
words or phrases must be construed as comprehending, not only such things as they signify
according to their natural import, but also those things which the interpretation clause
declares that they shall include. But the word "include" is susceptible of another construction,
which may become imperative, if the context of the Act is sufficient to show that it was not
merely employed for the purpose of adding to the natural significance of the words or
expressions defined. It may be equivalent to "mean and include", and in that case it may
afford an exhaustive explanation of the meaning which, for the purposes of the Act, must
invariably be attached to these words or expressions.

In 1964, by Central Act No. 55 of 63 the Reserve Bank of India Act was amended by the
addition of Chapter III (B) consisting of Sections 45H to 45Q. The title of the chapter is
"Provisions relating to Non-Banking Institutions receiving deposits and Financial
Institutions." Section 45I(c) defines Financial Institution as follows:-

'Financial Institution' means any non-banking institution which carries on as its business or
part of its business or 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 curies as defined in any law which is for the time being in force in any State, or any
business, which is similar thereto;
(vi) collecting, for any purpose or under any scheme or arrangement by 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;
but does not include any institution, which:
(i) is an industrial concern as defined in Clause (c) of Section 2 of the Industrial Development
Bank of India Act, 1964, or
(ii) carries on as its principal business :(a) agricultural operations; 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;
(d) "firm" means a firm as defined in the Indian Partnership Act, 1932;
(e) "non-banking institution" means a company, corporation, (or co-operative society)

17. Section 45I(e) defines 'Non-Banking Institution' as meaning 'a company, corporation, or
co-operative society'. Section 45K empowers the Reserve Bank to collect information from
Non-Banking Institutions as to deposits and to give directions in the public interest, in
particular 'in respect of any matters relating to or connected with the receipt of deposits,
including the rates of interest payable on such deposits, and the periods for which deposits
may be received.' Section 45L empowers the Reserve Bank to call for information from
financial institutions and to give directions, in particular directions relating to the conduct of
business by them, etc.
18. In 1970 the Banking Commission constituted a Study Group headed by Dr. Bhabatosh
Dutta to review the role of various non-banking financial intermediaries. The Study Group
confined their study to five classes of Finance Institutions which they considered were
important Non-Banking Financial Institutions. They were:1. Hire Purchase Finance Institutions;
2. Investment Companies;
3. Chit Funds/Kuris;
4. Nidhis or Mutual Benefit Funds; and
5. Finance Corporations.