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Section 1

The Laccadive, Minicoy and Amindivi Islands Money-Lenders Regulation, 1973.Regulations · 1973

(1) This Regulation may be called the Laccadive, Minicoy and Amindivi Short title, Islands ~ o n e ~ ~ e e n d e r s Regulation, 1973. extent and commence-

(2) I t extends to the whole of the Union territory. ment.

(3) It shall come into force on such date as the Administrator may, by notification, appoint.

2. In this Regulation, unless the context otherwise requires,- Definitions.

(a) "Administrator" means the Administrator of the Union territory appointed by the President under article 239 of the Constitution;

(b) "appellate authority" means any officer or authority appointed by the Administrator to exercise the powers of an appellate authority under this Regulation;

(c) "bank" means a banking company as defined in section 5 of the 10 of 1949. Banking Regulation Act, 1949, and includes the Reserve Bank of India I 2 of 1934. constituted under the Reserve Bank of India Act, 1934, the State Bank of India constituted under the State Bank of India Act, 1955, any subsidiary 23 of 1955.

bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, 38 of 1959.

a corresponding new bank constituted under section 3 of the Banking 1 5 of 1970. Companies (Acquisition and Transfer of Undertakings) Act, 1970, any i 1 other banking institution notified by the Central Government under section 1 I 51 of the Banking Regulation Act, 1949, and any other banking or financial , , institution notified by the Central Government as a bank for the purposes I of this Regulation;

(d) "co-operative society" means a society registered under the Lacca- I dive, Minicoy and Amindivi Islands Co-operative Societies Regulation, I 5 of 1960. 1960;

(e) "Inspector" means an Inspector appointed under section 11;

( f ) "interest" includes the return to be made over and above the actual an;ount lent or the cash value of what was lent, whether the saiue is charged or sought to be recovered, specifically by way of interest, profit or otlierwise, but does not include any surn charged by a lender in accorda~ice with the provisions of this Regulation or an). othel. law for the time 1 . . ,L ,~ , . . . - , ; : ,o ill force, for, or o!; r<czou!~t of, cosi.?, cl!?:.g?s 0:- cs11!2ns:s;

(g) "licencc" lneans a money-lender's licence granted under this Regulation;

(h ) "licensing authority" means any ofiicer or authority appointed by the lid~ninistrator to perfor111 the functions of the liceusing authority ~ ~ n d c r thi5 Regulation;

( i ) "loan" means an ad\lancc whelliei of moi;ey or ill tied; an!{ include~,- (I) an advance against the security of the usufructs of' cocorl~~t trees,

(2) any transaction which the Court finds in substance to aluoullt to an advance, I' f but does not include,- : I (i) a deposit of money or other property in a Post Ofice Savings 4 Bank or in a bank or with a company as defined in the Companies Act, 1956, or with a co-operative society; 1 of 1956.

(ii) an advance made by a bank or a co-operative society or an advance made from a provident fund to which the Provident Funds Act, 1925, applies; 19 of 1925.

(iii) an advance inade by Government or by any person authorised by Government to make advances on its behalf, or by any local @ 4 authority;

(ir) an advance made by any authority specified by thc jltln~inistra- a!

I tor by ilotification;

(v) an advance inade on the basis of a negotiable instrument as 1 defined in the Negotiable Instruments Act, 1881. exceeding three 26of1881.

t h o ~ ~ s a ~ z d rupees;

(vi) an advance made to its members by any 11id11i or pcrinanent fund registered under any law in force in India; 01.

1 ( ~ i i ) an advance made u ~ d c r any Chit Fullcl Scheme;

( j ) a person shall be deemed to "molest" anotl-rer person if he-- (I) obs t l~~cts or uses \jolence to, or intimidates, such otller person, or

(2) 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 of, any such property, or

(3) loiters at or near a house or other place where such other person resides, or works, or carries on business, or happens to be, or

(4) does any act calc~~lated to annoy or intimidate the members of the family of such other person, or (5 ) inoves or acts i n a manner which causes or is calc~~latecl to cause alarm or danger to the person or property of such other person;

(k) "money-lender" means a ],crson whose main or subsicliary occu- 1,ntioll is the 1)usiiiess or nilvancing and rcalisirig lon~ls, but.docs ~!ot iilcll~dc - a bank or co-opcrativc socicly or thc 12ifc, l~~sur:l~:ce Corporation of India Exp1nnntion.-Where a person who carries on the busin,ess of advancing and realising loans in the Union territory is resident outside the Ullion territory, the agent of such person resident in the Union territory shall be deemed to be the money-lender in respect of that business for the purposes of this Regulation;

( I ) "notification" means i: notification published in the Laccadives Gazette;

(in) "prescribed" means prescribed by rules made under this Regulation :

(72) "principal", i l l relati011 to a loan, means the actual a ~ n o u n t lent or the cash value of what was lent to the debtor;

(0) "Union territory" means the Union territory of

(p) "year" means the financial year.

Money-len-

Where this provision sits

ActThe Laccadive, Minicoy and Amindivi Islands Money-Lenders Regulation, 1973.
Section1
StatusIn force as published by the source

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