(1) The Punjab Registration of Money Lenders Rules, 1939 as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 are hereby repealed.
(2)Notwithstanding such repeal anything done or action taken under the rules hereby repealed in so far it is not inconsistent with the provisions of rules, shall be deemed to have been done or taken under these rules.
FORM-‘A’ (See rule 3) APPLICATION FOR REGISTRATION OF A MONEY-LENDER In the Office of the Collector of ……………/Tehsil…………(here give the name of the tehsil containing the town or village where the money-lender resides or has his principal place of business) Town/Village………………………..(here given the name of the town or the village where the money-lender resides or has his principal place of business).
(a) Name of the Applicant, with parentage ,caste, residence and address in full
(b) In cases where the applicant is a firm, the names of all persons constituting it, with parentage,caste, residence and address in full of each.
(c) In cases where the applicant is a firm whether it is a Hindu Joint Family firm or otherwise Constituted, and whether it has been registered under the Indian Partnership Act, 1932.
(d) Name of style under which the applicant carries on his money-lending business.
(e) Names of the Districts within which the applicant has his business on the date of application.
(f) Names of the districts to which the applicant wishes in future to extend his business.
(g) Location of the applicant’s Principal place of business, with full particulars thereof and the name, parentage, caste and address of the person in charge.
(h) Has the applicant any office at any other station? If so, give complete particulars with the name, parentage, caste and address of the person in charge of each office.
(i) What is the extent of the total business of the applicant on the date of application?
(j) For how long has the applicant carried on the business of money-lending?
(k) Whether any application for registration had previously been made by the applicant; or where the applicant is a firm, by anyone or more of its members singly or jointly inter se or with any other person under any name. If so, when, where and with what result?
(l) (i) in case the applicant had previously been registered and licensed, give full particulars of the licence. (ii) State whether any licence granted previously to the applicant (or where the applicant is a firm, to any one or more of its members singly or jointly inter se or with any other person) has been cancelled. If so, full particulars should be given, including the name of the officer and terms of the order cancelling the licence.
(m) Whether money-lending is the sole business of the applicant for whether he is engaged in any other business, profession or calling.
Certified that all the facts set out in the application are true to my knowledge except paragraphs ………………………….which are true to my belief being based on information supplied by …………………………………………….
(Signature of the person making the verification with (Signature of the applicant with date and place of so doing).
FORM ‘B’ (See rule 8) MONEY-LENDER’s REGISTRATION CERTIFICATE District…………………… Tehsil……………………… Register No………………..
Certified that …………………………..son/daughter/wife of………………………………………..caste resident of………………………………….
the firm………………………..
His/her with……………………/its principal place of business at………………………has been registered as a money-lender under section 4 of the Himachal Pradesh Money Lenders’ Act, 1976, on the ……………………..day of………………………19 2The registered firm is constituted by-
1. …………………..Son of…………………….caste………………..resident of………………….
2. …………………..Son of…………………….caste………………..resident of………………….
3. …………………..Son of…………………….caste………………..resident of………………….
4. …………………..Son of…………………….caste………………..resident of………………….
5. …………………..Son of…………………….caste………………..resident of………………….
6. …………………..Son of…………………….caste………………..resident of………………….
Signed………… Collector (Seal of the Collector) District…………… 2 Where the Money-lender is a single individual cross out this portion.
FORM ‘C’ (See rule 10) APPLICATION FOR THE GRANT/RENEWAL OF A MONEY-LENDER’s LICENCE In the office of the Collector…………………………………….Tehsil…………………..Town/Village……………………………………….Post Office/Police Station………………………….
The applicant submits as follows:-
(1) That he is registered money-lender in the district, necessary particulars being, Tehsil………………………………………….,Town/Village……………………. Post Office……………………………../Police Station………………………..Register No…………………………….
(2) That since the commencement of the Act/application for the grant of the previous Licence date……………..no court has given any finding against the applicant with regard to acts or omissions of the kind referred to in section……………………….of the Act, with the following exceptions:-
(1) …………………………
(2) …………………………
(3) That on the date of this application his total business does not exceed Rs……………as principal.
(4) That he prays that he may be granted a licence for the *3year/his licence which expires on …………… may be renewed for three year………………….to………………………..on the prescribed terms in regard to fee and otherwise.
Verified that all the facts set out in the application are true to my knowledge except paragraphs……………………which are true to my belief based on the information supplied by………………………….
…………………………………..
…………………………………… (Signature of the person making The verification, with date and place).
Signed………………………… Dated………………………….
3 Where the money-lender is a single individual cross out this portion.
FORM ‘D’ (See rule 14) MONEY LENDER’S LICENCE District……………….Post Office/Police Station……………………Tehsil………………….Licence No………………..Town/Village…………… This Licence has been granted to………………….practice as a money-lender on the following terms:-
(a) This licence will be valid up to………………………….
(b) It shall entitle the licensee to carry on the business of money-lending within the area of……………………..
(c) The licensee shall report to the Collector issuing this licence any finding which any court may during its currency give against him regarding acts or omissions of the kind described in section 6 of the Act.
(d) The Licensee shall surrender the licence when ordered to do so by the Collector granting it or by the Commissioner of any Court.
Signed………… Collector (Seal of the Collector) District…………… Renewal This licence has, on payment of the proper fees, been renewed as under:- From……………………………..to…………………………………….
(Signature of the officer granting renewal).
Dated……………………………………….
FORM ‘E’ (See rule 14) NOTICE TO MONEY- LENDER In the office of the Collector,………………………………….District.
(Notice under section 7 of the Himachal Pradesh Registration of Money-Lenders’ Act, 1976) To…………………………………………..
(Here give the name and full particulars of the money-lender, whether an individual or a firm, and in case of a firm, give the name, and full particulars of the manager in addition).
Whereas it has come to my notice that in the case /cases noted overleaf a finding/findings adverse to you has/have been given by the court/courts therein mentioned, you are herby called upon to appear before me personally or through a duly authorized agent or lawyer on………………………..at…………………….and show cause why your licence should not be cancelled for such period as may be considered proper by me.
Further take notice that if you fail to appear at the appointed time and place, the case will be heard and disposed of in your absence.
Signed………… Collector (Seal of the Collector’s Office) District…………… Reverse PARTICULARS OF CASE/CASES Name of the Court Name of parties Date of decision Nature of the FORM ‘F’ (See rule 24) COMMISSIONER’S CERTIFICATE Certified that……………………..4son of………………………caste……………………,resident of……………..Tehsil………………..District……… whose appeal No…………………….of 19……………….against the order of the Collector……………………dated………………….has today been dismissed, has been allowed to prosecute if already filed, or to file and prosecute, suits for the recovery of the undermentioned loans and application for the execution of the undermentuioned decrees:- Loans
1. Loans of Rs……………………..dated……………,raised by ……………………son of………………….., Town/Village……………, Tehsil………………..,District
2. ………………………………………..;
3. ……………………………….;etc.
Decrees
1. Decree No…………………….,dated………………….., from Court of…………………….for Rs………………..against5……………son of ………………………………………of Village/Town………………….,Tehsil…………………,District…………………………….,
2. …………………………………….;
3. ………………………………….;etc.
Signed………… Commissioner (Seal of the Commissioner) District…………… 4 In case of a firm give its name and cross our blanks not relevant.
5 In case of a firm give its name and cross our blanks not relevant.