The Securities and Exchange Board of India Act, 1992 · IV — POWERS AND FUNCTIONS OF THE BOARD

Section 11AA. Collective investment scheme

In force · As amended up to 2026-08

3[ 11AA. Collective investment scheme.— (1) Any scheme or arrangement which satisfies the conditions referred to in sub-section (2)[4] [or sub-section (2A)] shall be a collective investment scheme: 4[Provided that any pooling of funds under any scheme or arrangement, which is not registered with the Board or is not covered under sub-section (3), involving a corpus amount of one hundred crore rupees or more shall be deemed to be a collective investment scheme.] (2) Any scheme or arrangement made or offered by any[5] [person] under which,— (i) the contributions, or payments made by the investors, by whatever name called, are pooled and utilized for the purposes of the scheme or arrangement; (ii) the contributions or payments are made to such scheme or arrangement by the investors with a view to receive profits, income, produce or property, whether movable or immovable, from such scheme or arrangement; (iii) the property, contribution or investment forming part of scheme or arrangement, whether identifiable or not, is managed on behalf of the investors; (iv) the investors do not have day-to-day control over the management and operation of the scheme or arrangement. 4[(2A) Any scheme or arrangement made or offered by any person satisfying the conditions as may be specified in accordance with the regulations made under this Act.] (3) Notwithstanding anything contained in sub-section (2)[4] [or sub-section (2A)], any scheme or arrangement— (i) made or offered by a cooperative society registered under the Co-operative Societies Act, 1912 (2 of 1912) or a society being a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State; (ii) under which deposits are accepted by non-banking financial companies as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934); 1. Ins. by Act 9 of 1995, s. 6 (w.e.f. 25-1-1995). 2. Subs. by Act 59 of 2002, s. 5, for section 11A (w.e.f. 29-10-2002). 3. Ins. by Act 31 of 1999, s. 11 (w.e.f. 22-2-2000). 4. Ins. by Act 27 of 2014, s. 3 (w.e.f. 18-7-2013). 5. Subs. by s. 3, ibid., for "company" (w.e.f. 18-7-2013). (iii) being a contract of insurance to which the Insurance Act, 1938 (4 of 1938), applies; (iv) providing for any scheme, pension scheme or the insurance scheme framed under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); (v) under which deposits are accepted under section 58A of the Companies Act, 1956 (1 of 1956); (vi) under which deposits are accepted by a company declared as a Nidhi or a Mutual Benefit Society under section 620A of the Companies Act, 1956 (1 of 1956); (vii) falling within the meaning of chit business as defined in clause (e) of section 2 of the Chit Funds Act, 1982 (40 of 1982); (viii) under which contributions made are in the nature of subscription to a mutual fund; 1[(ix) such other scheme or arrangement which the Central Government may, in consultation with the Board, notify,] shall not be a collective investment scheme.]

Source: India Code

How this section changed

  1. inserted by Act 9 of 1995, s. 6

    In force from 25 Jan 1995

    Footnote: 1. Ins. by Act 9 of 1995, s. 6 (w.e.f. 25-1-1995).

  2. inserted by Act 31 of 1999, s. 11

    In force from 22 Feb 2000

    Footnote: 3. Ins. by Act 31 of 1999, s. 11 (w.e.f. 22-2-2000).

  3. substituted by Act 27 of 2014, s. 3

    In force from 18 Jul 2013

    Earlier wording: “company”

    Footnote: 5. Subs. by s. 3, ibid., for "company" (w.e.f. 18-7-2013).