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Understanding Chit Funds in India

The document discusses chit funds in India and the need for stricter regulation. It defines chit funds as a type of rotating savings and credit association where members pool money and one member receives the total lump sum each cycle. There are three types - those run by states, private registered funds, and unregistered funds. Recent scams have highlighted the need for reform, as unregulated funds often operate illegally. The bill aims to ban unregulated deposit schemes and protect depositors by amending banking laws.

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Raj Hirani
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0% found this document useful (0 votes)
25 views4 pages

Understanding Chit Funds in India

The document discusses chit funds in India and the need for stricter regulation. It defines chit funds as a type of rotating savings and credit association where members pool money and one member receives the total lump sum each cycle. There are three types - those run by states, private registered funds, and unregistered funds. Recent scams have highlighted the need for reform, as unregulated funds often operate illegally. The bill aims to ban unregulated deposit schemes and protect depositors by amending banking laws.

Uploaded by

Raj Hirani
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Chit Fund

[Link]/printpdf/chit-fund

Why in News?
Recently Unregulated Deposit Schemes Bill, 2018 was passed by Lok Sabha.
The Bill seeks to provide for a mechanism to ban unregulated deposit schemes and
protect the interests of depositors.
It also seeks to amend three laws, including the Reserve Bank of India Act, 1934 and
the Securities and Exchange Board of India Act, 1992.

What is Chit Fund?


Chit funds are a popular type of savings institutions in India. It is one of the main parts
of the unorganized money market industry.
It refers to an agreement arrived at by a group of individuals to invest a certain
amount through periodic instalments over a specified period of time.
The chit fund provides access to savings and borrowings for people with limited access
to banking facilities.
Chit funds in India are managed, conducted, and regulated according to Chit Funds
Act of 1982.
They are governed through central legislation while state governments are
responsible for their administration.
Chit funds are the Indian versions of Rotating Savings and Credit Associations
found across the globe.

Rotating Savings and Credit Associations

A Rotating Credit and Savings Association or ROSCA is an alternative financial vehicle


in which a group of individuals fills the role of an informal financial institution.
In a ROSCA, members pool their money into a common fund, generally structured
around monthly contributions.
Single members withdraw money from it as a lump sum at the beginning of each
cycle.
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Types of Chit Funds
There are three types of chit funds:

Chit funds run by state governments


These funds are managed and regulated by state governments.
Funds run by PSUs (public sector undertakings) also belong to this class.
These are safe and chances of loss are limited. Business processes are
transparent and clean.
Private registered chit funds
These chit funds are registered as per Chit Funds Act of 1982.
These are normally floated by prominent financial institutes or business houses.
Participating in these funds is not as safe as in state governments or public
sector undertakings.
However, as they are under the management of leading private sector
companies or institutes the risk is calculated and bearable.
Unregistered chit funds
Unregistered chit funds are not legal and participation in these is up to the risk
of members.
Such types of chit funds are common throughout India and are usually formed
by a close group of associates.
Participation in these funds should be avoided as disputes are subject to
members’ integrity and honesty.

Why Chit Funds?


Low rate of interest on small saving provided by commercial banks are usually not
coherent with the market rate, resulting in middle income group moving towards
unregulated deposit schemes.
Obtaining formal loan still remains a huge task for a common man as banks, financial
institution are plagued by stringent procedures.
Less regulated regime at fairly competitive interest rates prevailing in the market
makes these schemes easily accessible.
Chit funds come handy to meet exigencies like death or ill-health as well as joyous
occasions like marriages and child-birth in the family.
These types of scheme promote savings culture as each member is supposed to
contribute a fixed amount every month towards the fund.

Existing Regulation
At present chit funds are governed by Chit Funds Act of 1962, RBI Act of 1934, and
SEBI Act of 1992 etc.

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Under the Chit Fund Act of 1962, businesses can be registered and regulated only by
the respective State Governments.
Regulator of chit funds is the Registrar of Chits appointed by respective state
governments under Section 61 of Chit Funds Act.
Functionally, Chit funds are included in the definition of Non-Banking Financial
Companies (NBFCs) (LINK) by RBI under the sub-head Miscellaneous Non-Banking
Company (MNBC).
RBI however has not laid out any separate regulatory framework for them.

Need for Stricter Regulations


Fraudulent companies: There have been raising instances of people in various parts
of the country being defrauded by illicit deposit taking schemes such as Saradha Chit
Fund Scam, Rose Valley Scam etc.
Financial Illiteracy: Lack of financial literacy results in people getting duped as they
are promised huge return on their investment which has no substantial basis to fulfil.
Despite the presence of staunch rules against scams by chit funds, a lot of these funds
run Ponzi schemes and make away with a lot of people's money.

Ponzi Schemes: Ponzi schemes are investment operations that pay returns to old investors
from the money garnered from new investors.

Non-Transparency: Chit funds, especially those catering to a large number of


members, are opaque both in their operations and eliciting of bids.
Administrative Loopholes: Companies running such schemes exploit existing
regulatory gaps and lack of strict administrative measures to dupe poor and gullible
people of their hard-earned savings.
Lack of Accountability: There is no deposit insurance for investors. If a registered
chit fund company files for bankruptcy neither the government nor the Reserve Bank
of India can help the investors.

Way Forward
The proposed amendment will prohibit unregulated deposit-taking and provide for
deterrent punishment for promoting or operating such schemes, besides introducing
other changes.
The focus need to be on implementing the rules without political interference and
strengthening the judicial mechanism without which any amendment to the law will
be of little help to the citizens.
Amendment in the proposed legislation will only safeguard the depositor interests,
without addressing the structural problems of lack of financial inclusion, skewed bank
ratio in rural areas etc.

3/4
Better and accessible banking alternatives will not only check undue exploitation of
poor people but will also correct leakages in the economy.

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Common questions

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The popularity of chit funds among the middle-income group in India is driven by several economic and social factors. Economically, the low interest rates on small savings offered by commercial banks do not align well with prevailing market rates, making chit funds an attractive alternative due to their competitive interest rates and accessibility . Socially, chit funds play a vital role by facilitating savings and borrowing particularly in helping manage financial needs during family exigencies like health crises or celebrations . The procedural simplicity and less stringent requirements than formal banks further make them a preferred choice for middle-income individuals who encounter barriers or find formal loan processes cumbersome .

Participating in unregistered chit funds poses significant economic risks because such funds operate illegally without regulatory oversight, making them highly susceptible to fraud and mismanagement . Members risk losing their investments, as these funds may operate like Ponzi schemes, collapsing once new member inputs dry up . Legally, involvement in these funds is risky as disputes lack formal resolution mechanisms, relying solely on participants' integrity and honesty . Members could also face legal consequences under the unregulated deposit schemes law if engaging in unauthorized financial activities . Due to these risks, legal advisories typically discourage participation in unregistered funds.

The Chit Funds Act of 1982 provides a central legislative framework for the regulation of chit funds in India, mandating that all chit fund businesses be registered and regulated by state governments . The Registrar of Chits, appointed by the respective state governments under Section 61 of the Act, oversees these funds . This dual regulation approach involves central guidelines while the actual administration and enforcement rest with the state governments, which are responsible for ensuring compliance with the Act . This differs from other financial regulations typically governed directly at the national level, reflecting the local nature of chit fund operations and the need for state-specific adaptations.

Chit funds provide individuals, particularly those with limited access to formal banking facilities, an alternative avenue for savings and borrowing. By agreeing to contribute periodic instalments, participants can access lump sum amounts when needed, facilitating financial management for emergencies like illness or joyous occasions such as marriages . These funds promote a savings culture, as members are obligated to contribute regularly. The accessibility offered by chit funds, owing to their less regulated nature compared to banks, makes them attractive to those frustrated by the stringent procedures of formal financial institutions .

Proposed legislative changes aim to prohibit unregulated deposit-taking and impose stringent penalties for promoting or operating such schemes, reflecting a response to past fraudulent practices . These amendments are designed to create a more secure financial environment by introducing a systematic mechanism against illicit financial operations . While these changes are expected to protect depositors and enhance trust, they may also impact the chit fund industry by necessitating stricter compliance and reporting, potentially reducing the number of informal operators and ushering formalized practices within the industry . Furthermore, enhanced enforcement and oversight could strengthen legitimate operations, aligning them with broader financial regulatory standards.

Chit funds in India are challenged by issues such as fraudulent activities, exemplified by scams like the Saradha Chit Fund Scam and Rose Valley Scam, which exploit regulatory gaps and financial illiteracy among the populace . Many people fall victim to Ponzi schemes due to promises of high returns without substantial backing . Chit funds also struggle with non-transparency, particularly those with large memberships, and operate amidst administrative loopholes that allow dishonest practices . Additionally, the lack of accountability is pronounced as there is no deposit insurance, leaving investors without recourse if a registered chit fund declares bankruptcy . Thus, these challenges call for stricter regulations to protect participants and uphold financial integrity.

Lack of financial literacy significantly contributes to the prevalence of fraudulent chit fund schemes by making individuals susceptible to unrealistic promises of high returns without underpinning by tangible outcomes . This vulnerability is exploited by schemes like Ponzi operations, which attract uneducated investors with promises not backed by sound financial practices . To mitigate this issue, increasing financial literacy through public education campaigns and financial inclusion programs is essential, which would empower individuals to identify and avoid suspicious schemes. This should be complemented by rigorous enforcement of existing laws to act effectively against unauthorized solicitation of funds .

Rotating Savings and Credit Associations (ROSCAs) are informal financial entities where members contribute equally to a common fund, and a single member withdraws the entire pot at each rotation cycle . Similar to chit funds, ROSCAs facilitate both savings and borrowing without formal banking involvement. However, chit funds are a more formalized version found in India, governed by the Chit Funds Act of 1982, offering similar functionalities but with an added layer of regulatory oversight . While both serve savings and credit needs outside traditional financial systems, chit funds operate on a larger scale with legal backing that ROSCAs typically lack.

To enhance depositor protection against fraudulent chit fund schemes, it is suggested that unregulated deposit-taking should be prohibited and deterrent punishments for promoting or operating such schemes should be introduced . Effective implementation of existing laws without political interference and strengthening the judicial system are crucial measures needed to protect depositors . Furthermore, enhancing financial literacy among the general public could prevent exploitation through unrealistic investment promises . Improved banking alternatives and formal financial systems would provide safer options and mitigate the reliance on unregulated schemes .

Chit funds are included within India's non-banking financial sector as they fall under the definition of Non-Banking Financial Companies (NBFCs) by the Reserve Bank of India (RBI). Specifically, they are classified under the sub-category of Miscellaneous Non-Banking Company (MNBC). Though these funds provide financial services similar to traditional banks, their legal and operational framework differs, as they are regulated through the Chit Funds Act by state authorities rather than centralized banking oversight by the RBI . This incorporation allows them to meet various localized financial needs outside of conventional banking channels.

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