Act 54 of 2002

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

An Act to regulate securitisation and reconstruction of financial assets and enforcement of security interest and to provide for a Central database of security interests created on property rights, and for matters connected therewith or incidental thereto.

  • Ministry of Finance
  • Department of Financial Services
  • Enacted 2002-12-17
  • 61 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 Registration of asset reconstruction companies. Read
4 Cancellation of certificate of registration. Read
5 Acquisition of rights or interest in financial assets. Read
5A Transfer of pending applications to any one of Debts Recovery Tribunals in certain cases. Read
6 Notice to obligor and discharge of obligation of such obligor. Read
7 Issue of security by raising of receipts or funds by asset reconstruction company. Read
8 Exemption from registration of security receipt. Read
9 Measures for assets reconstruction. Read
10 Other functions of asset reconstruction company. Read
11 Resolution of disputes. Read
12 Power of Reserve Bank to determine policy and issue directions. Read
12A Power of Reserve Bank to call for statements and information. Read
12B Power of Reserve Bank to carry out audit and inspection. Read
13 Enforcement of security interest. Read
14 Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset. Read
15 Manner and effect of take over of management. Read
16 No compensation to directors for loss of office. Read
17 Application against measures to recover secured debts. Read
17A Making of application to Court of District Judge in certain cases. Read
18 Appeal to Appellate Tribunal. Read
18A Validation of fees levied. Read
18B Appeal to High Court in certain cases. Read
18C Right to lodge a caveat. Read
19 Right of borrower to receive compensation and costs in certain cases. Read
20 Central Registry. Read
20A Integration of registration systems with Central Registry. Read
20B Delegation of powers. Read
21 Central Registrar. Read
22 Register of securitisation, reconstruction and security interest transactions. Read
23 Filing of transactions of securitisation, reconstruction and creation of security interest. Read
24 Modification of security interest registered under this Act. Read
25 Asset reconstruction companyor secured creditors to report satisfaction of security interest. Read
26 Right to inspect particulars of securitisation, reconstruction and security interest transactions. Read
26A Rectification by Central Government in matters of registration, modification and satisfaction, etc. Read
26B Registration by secured creditors and other creditors. Read
26C Effect of the registration of transactions, etc. Read
26D Right of enforcement of securities. Read
26E Priority to secured creditors. Read
27 Penalties. Read
28 [Omitted.]. Read
29 Offences. Read
30 Cognizance of offence. Read
30A Power of adjudicating authority to impose penalty. Read
30B Appeal against penalties. Read
30C Appellate Authority. Read
30D Recovery of penalties. Read
31 Provisions of this Act not to apply in certain cases. Read
31A Power to exempt a class or classes of banks or financial institutions. Read
32 Protection of action taken in good faith. Read
33 Offences by companies. Read
34 Civil court not to have jurisdiction. Read
35 The provisions of this Act to override other laws. Read
36 Limitation. Read
37 Application of other laws not barred. Read
38 Power of Central Government to make rules. Read
39 Certain provisions of this Act to apply after Central Registry is set up or cause to be set up. Read
40 Power to remove difficulties. Read
41 Amendments to certain enactments. Read
42 Repeal and saving. Read
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