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Section 28

The Andaman and Nicobar Islands Money-lenders Regulation, 1956.Regulations · 1956

(1) A court trying a suit brought in respect of a loan by a money-lender or a suit to which section 20 applies or a court passing an order of conviction against a money-lender for an offence under this Regulation, if satisfied that the money-lender has been guilty of fraud or of any contravention of the provisions of this Regulation or of any rule made thereunder, or is otherwise unfit to carry on the business of money-lending, may order that the licence held by such money-lender be cancelled or suspended for such time as it may think fit, and may declare such money-lender to be disqualified for holding a licence under this Regulation.

Court's power to cancel or suspend licence.

(2) A court making an order under sub-section (1) shall cause the particulars of such order to be endorsed on the licence held by the money-lender and shall also send a certified copy of such order to the Registrar.

(3) Any licence required by a court for endorsement under subsection (2) shall be produced by the person by whom it is held in such manner and within such time as may be directed by the court, and any person who without reasonable cause, makes default in producing the licence so required, shall be punishable with fine which may extend to one hundred rupees for each day during which the default continues.

(4) For the removal of doubts it is hereby declared that the powers conferred on a court under this section may also be exercised bv the court of appeal or revision.

5J9. (1) Whoever molests or abets the molestation of a debtor for the recovery of a loan owed by him to a money-lender, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Penalty for molestation,

Explanation.—For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,—

(a) obstructs or uses violence to or intimidates such other person; or

(b) persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinders him in, the use thereof; or

(c) loiters near a house or other place where such other person resides or works or carries on business or happens to be, or does any act calculated to annoy or intimidate such other person, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 449 shall be deemed to molest such other person:

Provided that a person who goes to such house or place in order merely to obtain or communicate information, shall not be deemed to molest such other person.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this section shall be cognizable and bailable, and also compoundable with the leave of the Court.

5 of 189k.

CHAPTER VII MISCELLANEOUS

30. No suit, prosecution or other proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Regulation.

Inderalnty

31. The provisions of this Regulation are in addition to, and not in derogation of, the provisions of the Usurious Loans Act, 1918.10 of 191&, Provisions of Usurious Loans Act, 1918 not affected.

Where this provision sits

ActThe Andaman and Nicobar Islands Money-lenders Regulation, 1956.
Section28
StatusIn force as published by the source

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