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OF HOME A I T .
D e l h i , ;'. . •_, .
P : " | — --• i- ;• th< power; conferred by section 10 Ci (ha Badrf S " : - --;"•• :. ' :K':-::-~ '- »8U, Uie Central Governmeftrhereby e S S S to (be•Union territory c r D a d n and Nagar Haveii ih~ Bombay M t m e y - L e i a ^ A c * 13^ B * f f i ? s • « * 947), as ai p r e s e t in orce in the Stats " V^'V- rasbtrj :-. : to tiis f l a w i n g mo tficatioas, namely: — , 1- Throughout the Ac:;— ':-.: for &w worjgs "State Gosrergment'', the word "Adminis t ra te" sh au (K ^instituted and there s ^ l i ^ su be made in sn-r ser-t^ce is. whi"h those words occur such eoneequentiai amend men'is a; *h° rifles of grammar may require:
(tO &r the ward "S tan" (except where It occur? in the expression "State uavernmem'') , the words "Union territory" shall he substituted.
2 IK sectiga 1— •&} fc: sub-section (2), tf» foiiOR'ing sub-section shall be substituted namely:— *'ii') IT extends to the whole of the Union territory of Dadra and JSacar Haveii-"; *
(b) for sub-section. (3), the following sub-section shall be substituted namely: — "1.3) It shall come into force on such date as the Administrator msv by D-ot'ficstioii in the 0£:~lal Gazetts± appoint in this behalf."- Z In section 2—
(a) for clause CI}, the following clauses shall he substituted, namely: — "(1) "Administrator" means the Administrator of the Union territory of Dadra and Nagar Haveii;
(lAj "hank" means a banking company as defined in the Banking Regula tion Act, lj}49 (10 of 1943) and includes the Reserve Bank of India, the State Bank of India, and any other banking institution notified by the Central Government under section 51 of the Banking R e f l a tion Act, 1S43 <1G of 1949);":
I (bj for clause (4), tlie £oH owing clausg siiaji be substituted, nasTidym, — "(4) "company" means a company as defined in the Companies Act, 195G I (1 of 1956) or formed by or in pursuance of an Act of the Legisla ture of the State of Jammu and Kashmir r r formed in pursuance of an Act of Parliament of the United Kingdom or by Reval Charter er Letters Patent, or fay an Act of the Legislature cf a British Possession:":
(c) for clause (5), the following clause shall be substituted, namely:
"(5) -"co-operative society" means a society registered or deemed to have been registered under the law relating to co-operative societies in force in the Union territory or any such law m force elsewhere in the territory of India;";
(d) the Explanation to sub-clause (g) of clause (£!) shall be omitted;
(e) clause (13) shall be omitted:
(f) for clause (I3A), the following clause shai! be substituted, namely: — "(ISA) "recognised language" means English Ouajarati or Marathi:":
2
(g) al ter clause (18). the fallowing clause shall be inserted, namely: — "(18) "Union territory" means the Union territory oi Dadra and Xagar Hpveli".
4- In section 4, the proviso shall be omitted.
5- In sub-clause (lit) of clause (a) of sub-section (2) of section 6, the words ar.d jetter ''except Par t B States but including the Saurashtni and Hyderabad areas of the Stste of Bombay" shall be omitted.
ft In section 9, for the word "July", the word ''March'' shall be substituted.
7- In section 10. lor clause (b) oi sub-section (5), the following clause shall fat substituted, namely:— "(b) the powers of an Official Assignee, a receiver, and administrator or s Court under the previsions of the Provincial Insolvency Act. 1920 (5 of 1920) or of a liquidator under the Companies Act, 1956 (1 of 1956), to realise the property of a money lender-".
3. In section 26, for the words "registration of documents ana other documents and other usual out-of-pocket expenses", the words "and registration of documents", and for the words "charges or expenses", the words "or charges", shall be sub stituted.
9- The Explanation to section 36 shall be omitieo.
10- Section 38 shall be omitted.
11. Sub-section (4) shall be omitted.
12. Section 40 shall be omitted.
ANNEX.UHE THE BOMBAY MONEY-LENDERS ACT. 1946. AS EXTENDED TO THE UNION TERRITORY OF DADR'A AND NAGAR HAVELI BOMBAY ACT NO. 31 OF 1S47 An Act to regulate the transactions of money-lending in the State of Bombay- Whereas it is expedient to make better provision for the regulation and control of transactions of money-lending in the State of Bombay; It is hereby enacted as follows: —
1. Short title, extent and commencement—(1) This Act may be called the Bombay Money-Lenders Act, 1946-
(2) It extends to the whole of the Union territory of Dadra and ]Nagar Haveli-
(3) It shall come into force on such date as the Administrator may, by notifica tion in the Official Gazette, appoint in this behalf -
2. Definitions—In this Act, unless there is anything repugnant in the subject or context.—
(1) "Administrator'" means the Administrator of the Union territory of Dadra and Nagar Haveli:
(1A) "bank" means a banking company as defined ill the Banking Regula tion Act, 1949 (10 of 1949) and includes the Reserve Bank of India, the State Bank of India, and any other banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949);
(2) "business of money-lending" means the business of advancing loans whether or not in connection with or in addition to any other business;
(3) "capital" means a sum of money which a money-lender invests in the business of money-lending;
/»€) W "company*1 means a company as denned in the Companies Act. 1956 fi of 1956) or formed by or in pursuance oi an Act ol the Legislature oi the Stale of Jammu and Kashmir or formed in pursuance of an Act oi Parliament of the United Kingdom or by Koya3 Charter cr Letters Patent, or by an Act of the Legislature of a British Possession:
(o.i "co-operative society" means a society registered or deemed to have been registered under the taw relating to co-operative societies in force fc the Union territ n'.v or K2y such 3 aw in force elsewhere in the territory of India:
(5A) 'Inspection fee" means the fee leviable under section §A in respect of inspection of hooks of account of a money-lender;
"G'> ' interesi" includes any sum, by whatsoever name called, in excess oi the " principal naid or payable to a money-lender in consideration of or otherwise in respect of a loan, but. does not, Include any sum lawfully charged by a money-lender for or on account of costs, charges or ex penses in accordance with the provisions of this Act. or any other law for the time being In force*
(7) "licence" means a licence granted under this Act;
(8) "licence fee" mean the fee payable in respect of a licenre;
•(B) "loan" means an advance at interest whether of money or in kind, but does not include— (al deposit of money or other property in a Government Post Office Bank or in any other bank or in a company or with a co-operative society;
(b) a loan to, or by, or a deposit with any society or association registered under the Societies Registration Act, 18fin (21 of 1880), or any other enactment relating to a public, religious or charitable object;
<c) a loan advanced by Government or by any local authority authorised by Government;
(cc) a loan advanced to a Government servant from a fund, established for the welfare or assistance of Government servant's, and which is sanctioned by the Administrator;
(d) a loan advanced by a co-operative society;
fdl) an advance made to a subscriber to, or a depositor in. a Provident Fund from the amount standing to his credit in the fund in accord ance with the rules of the fund;
'(d2) a loan to or by an insurance company as defined in the Insurance Act, 1938 (6 of 1938);
^ (e) a loan to, or by bank;
(f) an advance made on the basis of a negotiable Instrument as defrned in the Negotiable Instruments Act, 1881 (2G of 1881), other than a promissory note;
(g) except for the purposes of sections 23 and 25,—
(i) a loan to a trader;
(ii) a loan to a money-lender who holds a valid licence; or •Ciii) a loan, by a landlord to his tenant for financing of crops or seasonal finance, of not more than Rs. 50 per acre of land held by the tenant;
(iv) a loan advanced to an agricultural labourer by his employer:
T * * * * * V, -(10) "money-lender" means—
(i) an individual, or
(ii) an undivided Hindu Family; or (iiia) a company, or <iv) an unincorporated body of individuals, 7° • • i •-?• :'_ • . She b u s i n g s ; • : 1. y : Qr 0 h a s h i " o r :' ". 5 . . . ::."•. . t e " •.•' - i k e : : " m e g n s a w •.;••-•_...• .... .. • •- •< l ins r j f o s u r s e p i hi^ ; ;-:•=- tir:vai.ir-it- . ;•' -; tal i ge •- u ; r-v.1 as secu;;.
pi --• si ! eh Joen;
-, re? •••:' " me ., presc ' by rule nscTe i (12'i ^principal" means In gelation t< a leai ••-• & licrJi actua •;• sdv;... i tc the debtor:
(12A1 "Provident Fttpd" means a Provident Fund as def ied in the P ro . : mi TV;:- _::t. 1825 (I'd at 1925), sat includes a Government Provident Fund :irid a Railway Frovirleai Fund as defined in the said Act:
>J * •":
(J3A,i "recogrissd language'1 mssns English. Gu;srati or Marathi;
(1-1) "register ' means a register of money-lenders maintained under section 4;
(15) "roles" means rules made under this Act;
(i?j "suit to which tins Act applies" means m$ Stiil w proceeding—
(a) for the recovery of a loan made after the date on which this Act comes into force;
(b) fer the enforcement of any security taken or any agreement, made after the date on which this Act csntes into force is respect o_ S»y loan made either before or after the said dete; or tt>) for ihe redemption of any security given after the date on which this Act comes into force in 'respect of any loan made either before or after the said date;
(181 "trader7 means a person who in the regular course of business buys and sells goods or othei property, w i t h e r m o v a b l e or immoveable, aso.
includes— a wholesale or retail merchant, a commission, agent.
a broker.
a manufacturer, a contractor, a factory owner, but does not include an artisan or a person who sells his agricultural nroduce or cattle or buys agricultural produce or cattle for his use.
Explanation,—For the purposes oi this clau~e an "ar t isan ' means a person who does not employ more than ten workers in amenufac tur ing process on any one day of the twelve months immediately preceding.
(19) ""Union territory"' means the Union territory of Dadra and Nagar Haveli;
3. Appointment of Registrar General, Registrars and Assistant Registrars— The Administrator may. by notification in the Official Gazette, appoint such per sons. whether public officers or not as it thinks proper, to be a Registrar General, Registrars and Assistant Registrars of money-ienders for the purposes of this Act and may define the areas Avithin which each such officer shall exercise his powers and perform his duties.
n - : - ' - •- -les •—: : Registry siu - .• ..- for ... -,_ f.
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• - • •• ' • • • . .•.. ' .• i f h .. t e r m s a m afee- E. Application for licence.—(lj --:• • ney-lendex shall aimuslly be 5?e such an application in the prescribed fon : at a hce^cc to fiie Assistant Kegistrai cf &e area wiSrin the llnnfe cd • . ' - " - ^ ~ e he intends to carry on the business of mosey-iendlns ci£ he intend; s earr; on such business at more than one place in the area." the principal plaeo of such business is situated. Such application shall contain the following particulars, namely;—
(a) the name in which such money-lender intends to carry on business and fee name of the person proposed to he responsible for the manage ment of the business;
'M H the application is by or on behalf of— Ci) an individual, the name and address of such individual;
fii) an undivided Hindu family, .the names and addresses of the manager and the adult coparceners ol such family;
(iii) a company, the names and addresses of the directors, manager or principal officer managing it;
(iv) an unincorporated body of individuals, the names and address of such individuals;
<c) the area, and the place or principal place ol the business of moneylending in the Union territory;
(d) the name of any other place in the Union territory where the business of money-lending is carried on or intended to be carried on;
(e) whether the person signing the application has himself or any of the adult coparceners of an undivided Hindu family, or any "director, manager or principal officer of the company or any member of the unincorporated body on behalf of which such application has been made, as tae case may be, has carded on the business of moneylending in the Union territory in the year ending on the 31st da r of March immediately preceding the date of the apnlication either indi vidually. or in partnership, or jointly with any other conareener or any other person and whether in the same or any other "name:
(f) the tots] amount of the capital which such person intends to invent in the business of money-lending in the year for which the application has been made;
(g) if the places at which the business of money-landing is to be carried on are more than one, the names of persons 'who shall be in" the manage ment of the business at each such place.
(S3 The application shall be in writing and shall be signed—
(a) (i> if the application is made by an individual, by the individual;
(ii) if the application is made on behalf of an undivided Hindu family by the manager of such family; " '
(iii) if the application is made by a company or unincorporate body by the managing director or any other person having control of its principal place of business in the territory of India or of its p'ace ofb usiness in the area in which it intends to carry on the business"- or 7
(ii) been found guilty of an offence under Chapter XVII or sections 465.
477 or 477-A of Chapter XVTIl oi the Indian Penal Code (45 of I860).
(2; The Registrar shall, before refit sins a licence under sub-section f l j give to the applicant a reasonable opportunity ol' producing evidence, ii any, in support of the application and of showing eai:se- why the licence should not be refused;
ana record the evidence adduced befsn; hire and his r?aso«s for such refusal.
(35 As appeal shall lie from an order of the Registrar refusing a licence under sub-section (I) to the Registrar General, whose decision shall be final.
6.-_. Registrar's power to caned licences.—(1") The Registrar may. during the term of any licence, cancel the same hy an order in writing on the ground that the person 1c- ?,tora it was granted has been guilty of any act or conduct for which he S ight under section 8 have refused him the grant or the licence and which act OT"conduct was not brought to his notice at the time of the grant.
(2) Before cancelling a licence tinder sub-section (1) thQ Registrar shall give notice in writing to the licensee and may hold such inquiry as may be necessary-
(3) An appeal shall lie from an order of the Registrar cancelling a licence under subjection (1) to the Registrar General whose decision shall be final- 9- Term of licence.—A licence shall be valid from the date on -which it is granted to the 31st day of March following:
Provided that when an application for renewal of a licence has been received by an Assistant Registrar within the prescribed period, the licence shall, until the application is finally disposed of. be deemed to be valid- *
9A. Levy of Inspection fee.—(1) An inspection fee shall in addition to the licence fee leviable under section 6 be levied from a money-lender applying for a renewal of a licence at the rate specified in the Schedule on the basis of the maximum capital utilised by him during the period of the licence sought to be renewed.
(2] In default of payment of an inspection fee leviable under sub-section (1).
it- shall be recoverable from the defaulter in the same manner as an arrear of land revenue.
Explanation.—For the purposes of this section "maximum capital" means the highest total amount of the capital sum which may remain invested in the money lending business on any day during the period of a licence- 10- Stay of suits by money-lenders not holding iiceaci;.—(1> After the expiry of six months from the date on which this Act com^s into force, no Court shall pass a decree in favour of a money-lenderin any suit filed by a money-lender to which this Act applies unless the Court is satisfied that at the time when the loan or any part thereof to which the suit relates was advanced, the money-lender held a valid licence- (25 If during' the trial of any such suit, the Court finds that the money-lender has not held such licence, the Court may. on the apnlieation of the money-lender stay the hearing of the suit and require him to produce within a period of three months a licence on payment to the Registrar of all the arrears of the licence fees and the inspection fees payable by him under this Act for the period commencing from the daie on which he started the business of money-lending or the expiry of six months from the date on which this Act comes into force, whichever is later, together with such penalty, not exceeding Rs. 500, as the Court may direct:
Provided that when the Court is satisfied that the failure of the money-lender to obtain a licence was due to any reasonable cause the Court may direct that no penalty as aforesaid or part of such penalty shall be paid by the money lender.
e tfcO "by an agent authorised in this behalf by a power of. attorney by the 'individual money-lender himself, or the family, or the company or the unincorporated body, as the case may be.
(3) The application shall also contain such other particulars as may be pres- . sd, 0) The apHcation shall be accompanied by a Scenes tee at the lolloping rales:—
(a) If the place at which the busi- RE. 5- ness oi money-lending is to be car ried on is not more than one.
fb) K Ifte business oi money-lend- Es. 5 lor the licence for the prinelma is io be carried en at more than pal place of business and Bs. 2 lor one plf.ee within the limits oi the the licence for each of the other places area oi the Registrar- in the area:
Provided that where an application is made after the expiry of the perlo.
piescribe-d by rules in respect of such application, it shall he accompanied by a licence fee at double the rates specified above- (SI The fee payable under this section shall be paid in the manner prescribed and shall not be refunded, notwithstanding the fact that the grant of licence is rei'iisea or the application is withdrawn.
7 Grant of Licence and entry in the resister.—(1) On the receipt of any appli cation under section 6 and after making a summary inquiry in accordance with th< oreseribed procedure, the Assistant Registrar shall forward the application, to«ethV': with his reoor t to the Registrar. The Registrar may after making such further inquiry, if an^. as he deems fit grant the applicant a bcence m such form and subject to such conditions as rnav be prescribed, and rlireet the Assistant Registrar~to enter the name o£ such applicant in the register maintained by him under section 4.
If th(> application is in respect of more than one nlace of business in the area under the iurisdiction of the Registrar, a separate licence to respect of each such place shall' be granted in the name of the applicant and the person responsible for the management of the business at such place.
(*>) If the application also contains a request for the grant of a licence to carry on the business of money-lending at any place within the Union territory, but at a nlace outside the iurisdiction of the Registrar who granted the licence in Tesnect of the principal place of business of the money-lender, the Registrar shall forward copies of the application and of the licence granted to the Registrar having iurisdiction who fishy grant a licence on payment of the licence fee provided for in section 6 without making any inquiry in respect of the application.
8. Refusal of issue of licence.—(1) The grant of licence shall not be refused except.on any of the following grounds:—
(a) that the applicant, or any person responsible or proposed to be res ponsible for the management of his business as a money-lender is disqualified from holding a licence;
(h) that the applicant has not complied with the provisions of this Act or the rules in respect of an application for the grant of a licence:
(c) that the applicant has made wilful default in complying with or know ingly acted in contravention of any requirement of this Act;
(d) that satisfactory- evidence has been produced that the applicant or any person responsible or proposed to be responsible for the manage ment of bis business of money-lending has—
(i) Icnowlingly participated in or connived at any fraud or dishonesty in the conduct of or in connection with the business of moneylending, or http://plf.ee .
:os£ness oi money-ltncV:.. i •.' ... aes i . .• ..-., ....: which i C , . ' : . . _ it f.(r. v.
upon. suc i iU'Jii=y-lt-ii-.'-i o- person shah pre recon sci . , The Regisfc; . ; . : : : : 1 _ • t h o r f t .-• E . r : . . . : . . '-- ."' e s tneSi to be sr;i may any •_ " - " -i~- :&ccrd.
art's powei' to Ga&ed o. BHspenil .- Eeeacfc—(l)(i) A Court | crdei o: conviction ssaiast a moneyJendei £01 E... i .-.. bis .-'
(ii) A Court trying s. suit to which ihi; Act j,pr,iisi:, i_ satis:..."
mone3T-lender has committed such centravention of the provisions oi this the rules at; would, in its opinion, aaa&fi him unfit 10 carry on the ' businas; or money-len d in g—
(a) may order that all the licences held by such money-lender in the Unipti territory be cancelled or suspended' for such time as it raay think fit, end
(b) may, if it thinks fit declare any such money-lender, or if money-lender is a Hindu undivided family, a company or an unincorporated body, such family., company or body and also any person resaonsibie for the management oi the_ business of money-lending ca r r i edon bv such family, company or body, to be disqualified, from holding any licence in the Union territory for such time as the Court may think fit '(2) Where a Court convicts a money-lender of an offence under this Ac: or makes an order or declaration under clause (a) or (b) of sub-section (!'. it shall cause the particulars of the conviction, order or declaration, as the case' may be to be endorsed on all the licences held by the money-lenders convicted or bv any other person affected by the order 0 r declaration and shall cause cop;=s oi its order or declaration to be sent to the Registrars by whom the licences were granted for the purpose of entering such particulars in the registers:
Provided that where any licence held by any money-lender is suspended or cancelled or any money-lender is disqualified from holding any licence unde- this section he may appeal against such order to the Court to which an appeaf ordi nari ly hes from the decision of the Court passing the order; and the Court which passed the order or the Court of appeal may, if i t thinks fit. nending the anoeal, stay the operation of the order under this section. " "WW»
(3) Any licence required by a Court for endorsement in accordance witk subtlf^M ±lVa 1 > r o d u c e d b y ^ P ™ W whom it is held in such manner and within such time as may be directed by the Court and anv person who with out reasonable cause, makes default in producing the licence so reouirei 3 ffiH^^I" ^Ceeding * m for eaeh ̂ 8 S JS CoJrt^TppIafTin'revSon.001"1 * * * ^ S S 6 C t i c b m a y ̂ * * « * « * ^ la- Ne compensation for suspension or cancellation of licence— t v w = - ^ licence is suspended or cancelled under this Act, no person shall' b ^ t ' t ? ^ any compensation or the refund of any licence fee. f - c l : ' 0 " s l l a u D& ant, tied to
16. Person debarred from doing; business tlnrin"- neriod nf ™di»i>d^ _ - T la km of licence A person wl/se Ece«« & ™ S r 5 j J 5 2 f S ^ £ S S f t accordance with the provisions of this Act shall, during the period o f S S S ™ been endorsed under £ & £ 14 « ? W f f i T ^ 3 J S H r f f e ^ f ? h a S m such manner as may be prescribed- «="ser m su^n sarin and
(2) Every money-lender shall— i • • ioliver or cause to be delivered— (il to the debtor within 30 days from the date on which u loan U made.
a statement to a s? recognised language showing in clear and dis tinct terms ihe amount and date of the loan and of its maturity.
the nature of the- security, if any. tor the loan, the name and address of the debtor and of the mtrtney-lender and the rate of interest charged :
Provided that no such statement snail be required to he delivi. • d to & debtor ii he is supplied by the money-lender with a pass booi; which shall be in the prescribed form and shall contain an up-to-date account ci the transactions with the debtor:
(ii) to the Assistant Registrar, within the said period a statement con tinuing the particulars referred to in clause (a){i):
• t ) upor; repayment of & loan, mark indelibly every paper signed by the debtor v.-ith words indicating payment or cancellation, and discharge every mortgage, restore every pledge, return every note and cancel or reassign every assignment given by the debtor as security for the loan- C2A) Noiwlthstanding anytbins contained in {a Kii) of sub-seetinu (2), the Administrator may by order in writing permit such class of money-lenders as:
may be' specified in the order to deliver or cause to be delivered to the Assistant Registrar" a statement containing the particulars referred to in clause (aKi) of sub-section (2) in respect of all loans made during every such period as may be specified i'n the order. And upon the issue of such order a money-lender electing to "delive.i a periodical statement as provided in this sub-section shall deliver or cause to be delivered the same within a period of 30 days from the date of expiry of every such period.
(3) No money-lender shall receive any payment from a debtor en account of any loan without giving him a plain and complete receipt for the payment
(4) No money-lender shall accept from a debtor any article as a pawn, pledge or security for a loan without giving him a plain signed receipt for the same with its description, estimated value, the amount of1 loan advanced against it and such other particulars as may be prescribed- Such money-lender shall maintain the duplicates of such receipts in a separate register.
19. Deliverv of statement of accounts and copies thereof by money-lender.—
(1) Every- money-lender shall deliver or cause tci be delivered every year to each of his debtors a~ legible statement of such debtor's accounts signed by the money lender or his agent of any amount that may be outstanding against such debtor- The statement shall show—
(i) the amount of principal, the amount of interest and the amount of fees referred to in sectiou 19-A. separately, due to the money-lender at the beginning of the year;
(ii) the total amount of loans advanced during the year;
(iii) the total amount of repayments during the year; and
(iv) ihe amounts of prlncip.il rnd interest due at the end of the year- The statement shall be signed pv the money-lender, or his agent, and shall be in any recognised language. It shall be in such form and shall be «uppliea to the debtor on or before such date as may be prescribed r
Provided that no such statement shall be required to he delivered to a debtor if he is supplied by the money-lender with a pass hook which shall be in the prescribed form and shall contain an up-to-date account of the transactions with the debtor- The money-lender shall on or before the aforesaid date deliver or cause to be delivered a statement containing the particulars specified in clauses (i) to (iv) to the Assistant Registrar.
<2) In respect of any particular loan, whether advanced before or after the date on which this Act comes into force, the money-lender shall, on demand in writing being made by the debtor at any time during the period when the loan http://prlncip.il 11 S ft the demand, a statement, in any recognised language, s l S n ^ . - L in !!V::-:--lSlder or hi- agent. and containing the relevant particulars specified IU sub-section (11- i '•• i A money-lender shall, on demand in writing by the debtor. and lender of the l prescribed s mi of exposes , supply a copy of any document relat ing to ft I', made hv Mm or any security therefor to the debtor, or if ihe debtoi SO requires to any person specified itt that behalf tn tfce aemand.
For the purposes ol this section, "year" means the year for which tbe : n t 5 0f the mon / -Send- are ordinarily maintained in Ins own books, >i A Fees *or certain statements supplied to debtors and Assistant Eci.vislrars — ( n I m S t o i e may recover from a debtor fees for the statements or a p a s s bo lk J f p S j to him under sub-section (2) of section IS or sub-section 1 > D " 4fon IS and in respect of copies of such statement?; supplied to the Assistant R e g i ^ a r under the said sub-sectitin or in respect of copies of statements supplier:
to Mm under sub-section (2A) of section 18.
f*5 Such fees shall be recoverable at such rates and in such manner as may be described, subject to the maximum of two ropes^ per oeotor pe, y e - . .
irrespective of the number of statements or copies thereof supplied to the debtor or the Assistant Registrar during the relevant year.
28 Debtor not hound to admit correctness of accounts.—A debtor to ^ h ° m f statement of accounts or a pass book has been furnished under section IP sban not 0 e bound to acknowledge or deny its correctness and his failure to no so shall not. by itself, be deemed to be an admission of the correctness oi the accounts.
21 Pi'occ-'lute of Court ill suit regarding" loans-—-Notwithstanding a8y#ring contained in any law IQT the time beinc in force, in any suit to which this Act applies— (-.) A Court shall, before deciding tbe claim 0&Q meriis. frame and decide the issue whether the money-lender has complied with tbe provisions ol sections .18 and 19;
(b) if the Court finds that the provisions of section 18 or section 19 have not been complied with by the money-lender, it may, if the piamti.l s claim is established, in -whole or in pari, disallow tne whole or an> portion of the interest found due, as may seem reasonable to it m. tne circumstances of the case and may disallow costs.
Exvlanatiati-—A money-lender who has given the receipt or furnished a state ment" of accounts or a pass book in the prescribed form and manner, shall be held to have complied with the provisions of section 18 or section 19 as the case may be, in spite of any errors and omissions, if the Court tods that such errors and omissions are not material or not made fraudulently- 22 Previsions of certain sections not to apply to loans made by company or unincorporated body exempted by Government.—Nothing in sections 18 to 2* snail apply to loans advanced by any, company or unincorporated bony which ttte Administrator may by notification in the Official Gazette exempt from the operation of those sections.
•y Power of Court to limit interest recoverable in certain cases.—Notwith standing anything contained in any agreement or any law for the time being in force, no Court shall in respect of any loan whether advanced befoie or after the date "on which this Act comes into force, decree, on account of lnteres-., a sum greater than the principal of the loan due on tbe date of the decree.
24 Power of Court to direct payment of decretal amount by instalments-— Notwithstanding anything contained in the Code of Civil Procedure. 1908 <o of190B< the Court may, at any time, on application of a juogment-debtor, after notice K3 the decree-holder, direct that the amount of any decree passen against mm.
whether before or after tbe date on which this Act comes into force, m n f l K t of a loan shall be paid in such number of instalments and subject to such com ditions. and payable on such dates, as, having regard to the circumstances ot the judgment-debtor and the amount of the decree, it considers nt- 25- Limitation on rates of interest.—(1) The Administrator may from time to time bv notification in the Official Gazette fix the maximum rates ol interest for any local area or class of business of money-lending in respect of secured, and unsecured loansass p a n thereof has not been repaid, and on payment oi the prescribed fee zam§ to the debtor, or if the debtor so requires tc any person specifleu in that iK th= demand, a statement, in any recognised language signed by the m o ^ - t e a d e ? or hi? agent. and contain in- the relevant particulars specified in suh section (!)• r- i A monev-ieader shall, on demand In writing by the debtor, and tender of the s n s c r f b e a m m of nartbt tB. supply a copy of a » docimie^ relating to a loan'""made by him or any security therefor to the debtor. or ,i the debtor so requires to any person specified in that hehali in the demand.
- For f ie purposes of this section, "year"' means the year for whicft the :,-•• .-.[3 of fee mon - leaner arc ordinarily maintained :n his own Bootes, Jfl-A Fee* ^or certain statements supplied to debtors and Assistant Kerdslrsrs — f n Amoney leade r may recover b o m a debtor fees fcfe the statements or a pass b i k S to him under sub-seetior; C2> of s e c h ^ 18 or f ^ ^ t t ° » J ^ section « and in resoect of copies of such statements supplied to the Ass^ten Reglsfcar under the said sub-secticta or in respect of copies or statements supplied to hirft under sub-section (2A't of section IB.
m Such fee' sha'l be recoverable at such rates and in such manner as may be described- subject to the maximum of two nrpess per debtor, per yea. .
irrespective of the number of statements or copies thereoi supplied to the debLO.
or the Assistant Registrar during the relevant year.
20 Dclitcr not uound io admit correctness of accounts.—A debtor to whom a statement of accounts or a pass book has been furnished under section IS snaU not be" bound to acknowledge or deny its correctness and his failure to do so shall not. by itself, be deemed to be an admission of the correctness oi the accounts.
Zi Proi'nlure of Court in suit regarding loans-—Notwithstanding anything contained In any law for the time beinc in force, in any suit to which this Act applies—
(a) A Court shal l before deciding the claim on merits, frame and decide the issue whether the money-lender has complied with Oie provisions oi sections 18 and IS;
(bl if the Court finds that the provisions of section 18 or section 19_ have not been complied with by the money-lender, it may. if the plaintiffs claim is established, in whale or in pait, disallow tne whole or any portion of the interest found due, as may seem reasonable to it in the circumstances of the case and may disallow costs- E-mlavatism.—.A money-lender who has given the receipt or furnished a state ment of accounts or a pass book in the prescribed farm anc. manner, shall be held to have complied with the provisions of section IS or section 19 as toe ca.e may be, in spite oE any errors and omissions, if the Court finds that such errors and omissions are not material or not made fraudulently.
<>2 Provisions of certain sections not to apply to leans made by company or unincorporated body exempted by Government.—Nothing m sections 18 to Jl siia:i apply to loans advanced by any, company CS unincorporated body which the Administrator may by notification in the O^cial Gazette exempt from the operation of those sections.
23 Power of Court to limit interest recoverable in certain cases.—Notwith standing anything contained in any agreement or any law for the time being in force no Court shall iti resuect of any loan whether aavanced before or after tne date "'on which this Act comes into force, decree, on account, of la tere*, a sum greater than the principal of the loan due on the date of the decree.
24 Power of Court to direct payment of decretal amount b * to^lmcnta-- Nctwithsianding anything contained in the Code of Civil Procedure, 1908 <o of 19081.
the Court may. at any time, on application of a ^cgment-debtor aae r notice tc the decree-holder, direct that the amount of any decree .passed against torn, whether before or after the date on which this Act comes into force, in respect of a loan shall be paid in such number of instalments and subject to such con ditions. and payable on such dates, as, having regard to the circumstances of the judgment-debtor and the amount cf the decree, it considers nt- 25- Limitation on rates of interest.—(1) The Administrator may from time to time bv notification in the Official Gazette fix the maximum rates of interest for any local area or class of business of money-lending m respect of secured and unsecured loans- ' ' . ' : . ' : •: .- - : 5 .
;
. : . : - . .
the t; ah - &r. : • ::i - : •• . . . . ;
. . . -• ' - • h e s i the is ivjs • A it.
. i - o£ ohicrgp to. expeiES • c, . : . . • by m - '' • ' • -:'- eccive IiT'i-'i ; <• btoE se intern i i . debtpi anj Sum othes thai • . -- tnvestigatins .'•' ; ; costs o£ si mi and rej s; c.
:ases when i .. . : -Km between the parties meludej :
... property i s to be gl eu as security c; by wgjr of mortgage anc where , ;2raed to such costs and reim ursemenl thereoi or when • n ecsfe or charges are leviable under the provision! tri thf Transfer of F, :;"
Act, ±G£2 (4 oi I&32], or any other law for. fee time being in force,
27. Kotice ftlifi hiiormatlon to be given on assignment of Ittm+r—<1) Where a lean advanced, whether before or fetter the date- on which this Act comes into force, ci- any interesi- of such loan or tin* benefit oi any agreement made or security taken in respect oi such loan or interest is assigned tc any fissi^nee, the assignor whether he is the money-lender by whom the money was Eny person to whom the debt has been previously assigned., shall, btiore the assignment i s IT; F d e - fa.! ;..ive the assignee notice in writing that the loan, interest, agirsemsftt " o r security is affected by the operation of this Act;
[hj supply to the assignee all information necessary to enable hfci to comply with the provisions oi this Act: and
(c) give the debtor notice in writing of the assignment supplying the name and address of the assignee-
(2) Anv person acting in contravention of the provisions of sub-section fl) shall be liable to indemnify any other person who is prejudiced by the rjontinven tionii,;. Asphcafion of Act as respects assignees-—(I) Save as hereinafter provided where an'} debt due to a money-lender in respect ex. money lent by him whether before or after the date on which, this Act comes into force or of interest on money so lent or of the benefit of Rny agreement made of security taken in respect' oi any such debt or interest has been assigned, the assignee shall be deemed to be the money-lender and all the provisions of this Act shall apply to such assignee as if he were the money-lender.
(2) Notwithstanding anything contained in this Act or in any other lav.- for the time bejng in force where for any reason any such assignment is invalid and the debtor has made any payment of money or transfer of property on account of any loan which has been so assigned the assignee shall in respect of such payment or transfer be deemed to be the agent of the money-lender for all the purposes of this Act- 29- Eeopeniufr of traEsaettons.—STotwithstandiiiE anything contained in any law for the time being in force, the Court shall in any sait to which this Act applies, whether heard crj pn-rta or otherwise—
(a) reopen any transaction, or any account already taken between the parties;
(b) take an account between the parties;
(c) reduce the amount charged to the debtor in respect o£ any excessive interest;
(d; if on trking accounts it is found that the money-lender has received more than what is due to him pass a decree in favour of the debtor in respect of such amount :
• • : . _ . , e « G I - - ' -V.. .
. . . . . .
i : . - :: " . . - - ' - • • - • • • • • -. ' . • - . . . - - . - BESVJ!
. j a ai charge i spem • . . . . . ' ! -I:-.
•-..._" .• J . iB2 , - ST. i n t e n L. . . _-:. . : .: . s u m Dtht . I .
bis •• .-.. .•. .--, /esrtigatiajg ,i •• • the ! < es*i of st< ... :-... ... a •:.
•• •• in isses wh i . >• til between the parties- includtss e sU?«- - that property: is to be gives a? security or by Way ol mertgagi anc -. -1 par have agreed to such costs and: reiraSsirsement thereof or i;osts or charges are leviable under the provisions of the Tisnsfei t ! • to;
Act 18S2 i.4 of 1S82). or any other law for th i g in &£*e
27. Srifiee an3 b:forinai;o:i to be given on assignment of lisar-..—'..!] Where a loan advanced. whether before or after the daie on v.'hich this Act c&Hies ia to ior<:e, 'm any ' interest of such lean or the benefit of any agreement made or security t a i s n in respect of such loan or interest is assigned to a::y sssigaee, the assignor whether he is the money-lender by -whom the monej- was !err or any person to whom the 6sbi has be^n previously assigned, shall, Isefore the assieivv aai is made— fa.) give the assignee notice in writing that the loan, interest, agreement or security is affected by the operation of this Act;
(b: supply to the assignee all information necessary to enable has to comply with t i e provisions of this Act; and
(e) give the debtor notice in writing of the assignment supplying the name and address of tils assignee-
(2) Any person acting in contravention of the provisions of sub-section (1) shall be liable to indemnify' any other person who is prejudiced by the contraven tion.
23. Application cf Act as respects assignees.—CD Save as hereinafter provided where any debt due to a money-lender in respect of money lent by him whether before or after the date on which this Act come? into force or of interest on money so lent or of -the benefit of any agreement made of security taken in respect ' c i any such debt o_r interest has been assigned, the assignee shall be deemed to be t'iiQ money-lender and all the provisions of this Act shall apply to such assignee as if he were the money-lender.
(2) ISTotwithstanding anything contained in this Act or in any other law for the time being in force where for any reason any such assignment is invalid and the debtor has mads any payment of money or transfer of property on account of any loan which has been so assigned the assignee shall in respect of such payment or transfer be deemed to be the agent of the money-lender for all th? purposes of this Act- 29- Reopening of transactions.—Notwithstanding anything contained in any law for the time beinc ha force, the Court shall in any s;:it to which tbis Act applies, whether heard ex paris or otherwise—•
(a) reopen any transaction, or any account already taker between the parties;
(TcO take an account between the parties;
(c) reduce the amount charged to the debtor in respect of any excessive interest;
('J) if on taking accounts it is found that the money-lender has received more than what is due to him pass a decree in favou.r of the debtor in respect of such amount :
as :
, . the exercise of these powers, the Court shall not— (.; j . •• sajusfca agreesaen pun • :.:::;. I close pre* d to ^resi*: new GbligKtions which have been enters tin :• • e • or any • taip ' they (ilia m at : . : . . : i tl si>; years from til* ttete a! tiu suit;
._.; g, eg yrhiijfa : tfscree cf a Court, —For the purpose .!.:/ secli '^exaessive i:. : ' a r^tj which contravenes any c: fee ; « inns C-J sectKSS 2 l ic i i i -v for taking accounts and declaring lite amount clue.—tl) Any j& •v. j&e a^ application at any time- to the Court whether the loan has 01 M £ fcetwrise payable :.'- ta- ing accounts and for declaring the amount due :' oney-leaaer. Such application shall be in the prescribed form and aceomp'aniec; by the prescribed fee.
t2 ; On receipt oi such application the Court shall cause a notice oi ...
CH<: " to Be given to fee money-lender-.
• • i On ®m date fixed lor the hearing oi" the application or on such date to wMct the hearing may be adjourned from time to time, the Court shall n.ake an inoui -v- and shall alter taking an account oi the transactions between the parties tsife. ar ordc- deciarme the amount, if any, still payable by the t e s t e r to the Thouey-lendea- in respect oi the principal and interest if any. In takim: accounts under this section the Court shall follow the provisions of sections 18 to ?.'.! and section 31-A- 3j, i.e»osiL in Court of money due to money-lender.—Ci) At any time a debtor may tender to a money-lender any sum of money due Irom him to Ihemoney-lender in respect oi a loan by way oi principal interest cr boii-
(2) II the money-lender refuses to accept any Stan so tendered, the debtor ma ••"deposit the said sura in Court to the account oi the money-lender.
(3) The Court shall thereupon, cause written notice oi the deposit to be served on the money-lender, and he may, on presenting a petition stating the sum then due in respect of the loan, and his -willingness to accept the said sum, receive and ' appropriate it first towards the interest and the residue if any towards the principal.
(4) When the money-lender does not accept the sum, the Court shall appropriate the said sum first towards the interest and the residue if any towards the principal.
ZiA. When interest id be paid for entire monih.—Xotwithstanding any agreemen [ between the parties or any law tor the time being in force, when a statement is delivered or pass book is supplied to a debtor under section 10 or if accounts are taken under section SO or a tender is made by a debtor to a money-lender a n i i I I LUC ^ t C ^ C i J i t ^ U *~ U C : i W C l C U L/S P G M U U U I . 1^ 3 U C W _ ^ U U l ClV,L^TLii_t^ Q 4 C l l l ^ w .
or tender is made on any subsequent day, then for the entire calendar month irrespective of the fact that such statement is delivered or pass book is supplied or such accounts are taken or such tender is made on any such day.
32. Entry of wrons sum hi hond, etc. to br, an offence.—(1) No money-lender shall take "any promissory note, acknowledgment bond or other writing which does not state the actual amount of the loan, or which states such amount wrongly or execute any instrument in which blanks are left to oe filled after execution.
(2) "Whoever contravenes the provisions oi fub-section (1) sha'-I. on conviction be punishable with tine which may extend to Rs- 1,000 or with imprisonment of either description which may extend to six months or with both.
33. Penalty far molestation.—(11 Whoever molests, or abets the molestation, of a debtor for the recovery of a debt due by him to a creditor shall, on conviction, be punishable with imprisonment of either description which may extend to three • months or with fine which may extend to Rs- 500 or with both.
E^plannzion-—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 de 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 ' : :. thai i.. the Sxereise ( ., • «-£, the Court shaU net— . . any t dSustn; agreera I ---••:.
EJ ati( to cheats: new obligations which havt been e a t w the pi , • or an . 1•••"• w h o m triej c l s im a • - - years in • • ' fe !
.. _ which affect .-: scree of .
,:--.v .—For the purpoi his • • ' • • . : . • • . nd « f ter* el a ret* which contravenes any ci the prdsOEions cl section 2y.
Inquiry Jar fcakteg accounts as : : declaring the amount due.—(1) Any S .-' ;- ieation at am- tinie to the Court whether the loan has & - - •,: . tasilng accounts z:>c 'o r dfidaring the amount t n e :;. -lender. Such application snail h? in the prescnoea form L..:. a e » pame< D3 Use: prescribed fee.
(2) On receipt oi such application the Court shah cause a notice o! Ess* appjicai: to b= given to the money-lemier., i On th° date fixed lor the hearing or the application or on such d a u to which •• e bearing may he adjourned £coro time to time, the Court shall make _ar.
inouiry and shall alter taking an account of the transactions between the parties pa=-' an order declaring the amount, if any, still payable by the debtor to trie wtenev-leuder in respect of the principal and Interest, if any. In taking accounts under: this section the Court shall follow the prevision;: of sertidrs 18 to 23 ana section 3.1-A- 33; l-ecosit in Court of mon ty dsc to money -lends i .—(i) At any time a debtor may tender to a moneylender any sum of mousy due from him to the money-lender in respect of a loan by way oi" principal interest or botn- (21 If the money-lender refuses to accept any sum so tendered, the debtor may deposit the said sum in Court io the account of the money-lender.
(3) The Court shall thereupcci, cause written notice of the deposit to be served on the money-leader* and he may, on presenting a F*'-:!on stating the sum teen duein respect of the loan, and his willingness to acce:;i the said sum, r e m v g RUH appropriate it first towards tlie interest and the residue if any towards the principal.
(4) When the money-lender does not accept the sum, the Court shall appropriate the said sum first towards the interest and the residue if any towards the principal.
Z-A. "When interest to be paid for entire menih*—Nolwithstanding any agree ment between the parties or any law far the time bsinj; in force, when s statement is delivered or pass book is supplied to a debtor under section 19 or if accounts are taken under seer, ion 30 or a tender is made by a debtor to a money-lender in respect of a loan under section 31 before the sixteenth day of a calendar month, the interest due shall be calculated as payable for fifteen days of the said month, and if the statement is delivered or pass book is supplied or accounts are taken or tender is made on any subsequent day, then for the entire calendar month irrespective of the fact that such statement is delivered or pass hook is supplied or such accounts are taken or such tender is made on any such day, $2. E:itrv of wrong sum in bond, etc. to be an offence—(1) No money-lender shall take "any promissory note, acknowledgment oond or other writing which does not state the actual amount of the loan, or which states such amount wrongly or execute any jr.strument in which blanks are left to be filled after execution.
(2) Whoever contravenes the provisions of sub-section (1) shah, on conviction be punishable with tine which may extend to Hs. 1,000 or with imprisonment of either description which may extend to six months or with both.
if3. Penalty for molestation-—(1) Whoever molests, or abets the molestation, of a debtor for the recovery of a debt due by him to a creditor snail, on conviction:
be punishable with imprisonment of either description which may extend to three months or with fine which may extend to Bs. 500 or with both.
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 de 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 —- u
(b) persistently follows such ether person from plate to piece or inter:-:--:
ivitb any property owned, or used by Win or deprives hiin cf. or hinders him ir, the v.se therec:. or
(e) loiter;- iietr a house or other place where such other person resides or works, or carries on business, or happens to be. or does t.r.y act ea!culated to annoy or intimidate such other person.
shall be deemed to molest such other person j Provide;; that a person v. ho goes to such bouse or plate h* order merei j to obtain or communicate information shall not be deemed to mo'.esl.
S4, Genera! provision reKardinj penalties,—Whoever feds to comply v,\ acts in contravention of tiny provision of this Act, shall) U So Specific penalrv has been provided for in this Act, be punishable—
(a) for tfce first, offence with simple imprisonment which may extend to two months or with fine which may extend to Rs- 50D or with both, and (b; for the second or s-fb sequent. offence with imprisonment of either description which may extend to six months or with fine or with both.
35- Offences By corporations, etc.—li the person contravening- any of the pro visions of this Act is an undivided Hindu family or a company or an "unincor porated body, the person responsible for the management of the business of such ramiiy. company or body shall be deemed tc be guilty of such contravention.
35-A. Certain offences to be oosni^ibk-.—rT^twithslanding anything combined in the Cods of Criminal Procedure, 18H8, ofiences punishable—
(a) under section 34 for contravening the provisions of section 5, and <b) under section 33.
shall be cognizable.
35-13. Cufriiiz&uce of certain oifences.—Ko Court shall take cognizance of any offence punishable under secttoh 34 for contravening the provisions; of section 18 " or section iy, except with the previous sanction of the Registrar- 35-C. Compounding of certain offences.—(!) The Registrar may, either before or after the institution of proceedings for any offence punishable under section 54 for contravening the previsions cf section 3?> or section 19. accept from any person charged with such offence by way of ccsnposition cf the offence a sum not exceeding fifty rupees.
(2) On payment of such sum as may be determined by the Registrar under sub-section (1) no further proceedings shall be taken against the accused person in respect of the same offence-
36. Arrest and imprisonment in execution of decree for money, against agri cultural debtors abolished.—Notwithstanding any law for the time being in force, no debtor who cultivates land personally and whose debts do not exceed Rs. 15.00(1 shall be arrested or imprisoned in execution of a decree for money passe3 in favour otf a money-lender, whether before or after the date on which this Act comes into force.
-• * * * *
37. Every officer to be public servant—Every officer of the Government acting under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code {45 of 1860).
+ * 4 * t 3B-A Power of State Government to delegate the powers.—The Administrator may delegate to any officer any of the powers conferred on him by or under this Act.
39. Rules.— (11 The Administrator may make rules for carrying out the pur poses of this Act- 14
(b) persistently follows such other person from place to place or inter;eres with any property owned, or ttssd by him or eteprives him < hinders him in the use thereof, ii (c> loiters near a house or other place where such other person resides cr works, or carries on business, or ha;ip<;:.;- to be. or does :-.et calculated IQ annoy or intimidate such other personshall be deemed to raofest such other person-:
Provided that a person who goes to such house or place in orSe merely to tain or communicate information shall not be deemed to molest.
34. General provision regarding penalties-—Whoever i t Us lu comply wi.;. or acts in contravention oi any prevision oi this Act, shall, if no specific per ait v has been provided for in Ihis Act, be punishable—
(a) fur the first oli'once with simple i.mprincinmtnt which may extend to two months or with fine which may extend to Rs- 5*30 or with ooth, fmd
(b) lor ihe second 'Jr subsequent offence with imprisonment ci either description which may extend to six months or with fine or with both-
35. Offences by corporations, etc.—If the person contravening any of the pro visions of this Act is an undivided Hindu family or a company or an unincor porated body, the person responsible for the management oi the business of such :amiVy. company or body shall be deemed to be guilty of such contravention.
35-A. Certain offences to be cognwibk-.—ri'.<twith sand ing anything ceut ' ined In the Code of Criminal Procedure, 1898, offences punishable—
(a) under section 34 lor contravening the provisions of section 5, and
(b) under section 33, shall be cognizable- 35-B. Cognizance of certain offences—Ho Com-! shall take cognizance oi any.
offence punishable under section 34 for contravening the provisions of section 18 . or section It), Except with the previous sanction of the Registrar- 35-C. Compounding of certain offences.—(1) The Registrar may, either before or after the institution of proceedings for any Offence punishable under section 34 for contravening the provisions of section 18 or section 19, accept from any person charged with such offence by way of composition of the offence a sum .not exceeiirtg fifty rupees.
(2) On payment of such sum as may be determined by the Registrar under sub-section (1) no further proceedings shall be taken against the accused person ir; respect of the same offence.
\ 36*. Arrest and imprisonment in execution of decree for money, against agri cultural debtors abolished.—Notwithstanding any law for the tone being in force, no debtor who cultivates land personally and whose debts do not exceed Rs- 15.000 ', shall be arrested or imprisoned in execution of a decree for money passed in favour of a money-lender, whether before or after the date on which this Act comes into force.
-* * * » » 37- Every officer to be public servant.—Every officer of the Government- acting under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
• * u. * * 38-A Power of State Government to delegate the powers.—The Administrator may delegate to any officer anv of the powers conferred on him by or under fhis At'!..
3D. Rules.—(1^ The Administrator may make rules for carrj'ing out the ourposes of this Act- I' (21 I„ particular and xSSfeOOT prejudice to the generality el the fore .--£ provisions such rules may provide for all or any of the following matters :— <a) the form of register under section 4:
(b) the form of amplication for a licence, the further particuli be included therein, and the manner oi payment of licence : s under section 6:
(v\ the form and conditions of the Ucence, the manner of payment ef licence fee and ths procedure for a summary inquiry under Becnoa f,
(d) the form of cash book and ledger and the manner in which they should be maintained under sub-section CD, and the other particulars to he prescribed under sub-section (4) of section IS;
fej the form of the statement of accounts and pass books to be furnished or delivered snd the date before which it is to he furmshea or delivered under sub-section (1), the fee to be paid under suo-seraon <2) ; and the sum of expenses to be psid under sub-section (3) ot section 19:
(ee) the rates at which and the mannei- in which fees may be recovered nnder section 19-A:
(I) the form of application and the fee to be paid under sub-section U) of section 30;
<g) any other matter which is or may be or escribed under this Act or 'any matter for which there is no provision or insufficient provision m this Act and for which provision is, in the opinion of the Administrator, necessary for giving effect to the provisions of this Act
(3) The rules made under this section shall subject to the condition of pre vious publication, be published in the Official Gazette.
* n « * THE SCHEDULE (See Section S-A) Maximum Capital utilised Rate of inspection fee in in rupees rupees and nave paise Up to 5,000 N i L From 5,001 to 10,000 ••• 5.00 From 10,001 to 20,000 • -• 7.00 From 20,001 to 50,000 •• 12-50 50,001 and above ••- 20.00 [No. F. 10/2/G7-UTL-99-J P. N. VASITDEVAN: Dy. Secy.
GMGIPND—Lino—1S0M. of H.A.—J.C. 3836—4-1-68—50.
15
(2) Ir particular and without prejudice To the generality. 0* the toft •- p t t S c S S S may provide for all n afiy of the l o l k , v - & matten . - (at the form el register uader section 4:
(b) the lorn> u: at>plieati0B lor a licence, the lurther parti re U p t o - b e l i S d therein, ar.d the manner ci payment ci licence i : inc'uds section 6;
tel the tono and conditions of the licence, the nianner of 1 ^ ™ " * £ licence iee and the procedure for a saamsaiy inquiry under .=?-•-.
<fi) the form ot cash book and ledger and the manner in which they/™si;ld be maintained under sub-section CD. and the other parbculflrs to be prescribed under sub-section (4) of section 18;
r*3 t*e form of the statement of accounts and pass bopfcs to be furnished or delivered and the date before which it js to be furnisher or delivered under sub-section CD. the fee to be paid under sub-ser.ion
(2) ; and the sum of expenses to be paid under sub-sec a cm (3) section 19:
•(ee) the retes at which and the manner in which fees may be recovered under section If)-A:
{I) the form of application end the fee to be paid under sub-section CD oi section 30;
{•0 any other matter which is or may be prescribed under this Ac: or any matter for which there is no provision or insufficient provision m this Act and for which provision is, in the opinion of the Administrator, necessary for giving effect to the provisions of this Act.
(3) The rules made under this section shall subject to the condition of pre vious publication, be published in the Official Gazette- » * * * THE SCHEDULE (See Section 9-A) Maximum Capital utilised JW» «t inspection fee in in runees rupees and nave pmse fjp to 5,000 Nfl* From 5,001 to 10,000 •-- 5-fj0 From 1.0.001 to 20,000 -- 7-0 0 From 20,001 to 50,000 •• 32-50 50,001 and above ••- 2 ° - o c [No. F. KI/2/67-UTL-99-1 P. N. VASODEVAN. Dy. Secy.
GMGIPND—Lino—iSo M- of H.A.—J.C. 3836—4-1-68—50.