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Section 19

The Puducherry Money Lenders Act, 1970Union territory Act of Puducherry · Act 26 of 1970

(1) Where a licensee under this Act dies, any person claiming to be his legal representative may apply to the licensing authority for transfering in his name the licence standing in the name of the deceased.

(2) Every such application shall be in such form and shall contain such particulars as may be prescribed.

(3) The licensing authority may, if he is satisfied that the applicant is in fact the legal representative of the deceased and that he is otherwise eligible to a licence under this Act, transfer the licence in the name of the applicant after obtaining from the applicant a declaration in the prescribed form.

(4) Any licence transferred under sub-section (3) shall be deemed to have been granted to the applicant himself and shall be valid for the period for which it would have been valid if the licence had not been transferred; and the provisions of this Act shall apply accordingly.

Jurisdiction to try offence *[20. No Court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.

________________________________________________________________________ * Substituted vide Act No: 7 of 1983 w.e.f 11-12-1983 and published in Extraordinary Gazette Part-Il No. 30 dated 31-12-1983.

469 Power of court to limit interest recoverable in certain cases

20A. Notwithstanding anything contained in any agreement or any law for the time being in force, no court shall in respect of any loan whether advanced before or after the date of the publication of the Puducherry Money Lenders (Amendment) Act, 1983 in the Official Gazette, decree on account of interest a sum greater than the principal of the loan due on the date of the decree.

Power of court to direct payment of decretal amount by instalments

20B. Notwithstanding anything contained in the Code of Civil Procedure, 1908, the court may, at any time, on application of a judgement debtor, and after notice to the decree holder, direct that the amount of any decree passed against him, whether before or after the date of the publication of the Puducherry Money Lenders (Amendment) Act, 1983 in the Official Gazette, in respect of a loan, shall be paid in such number of instalments and subject to such conditions and payable on such dates, as having regard to the circumstances of judgement debtor and the amount of the decree, it considers fit.

Reopening of transaction

20C. Notwithstanding anything contained in any law for the time being in force, the court shall, in any suit to which this Act applies, whether heard ex-parte 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 of any excessive interest;

(d) if on taking 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 excess amount:

470

Provided that in the exercise of these powers, the court shall not--

(i) reopen any adjustment or agreement purporting to close previous dealings and to create new obligations which has been entered into by the parties or any person through whom they claim at a date more than six years prior to the date of the suit;

(ii) do anything which affects any decree of a court.

Explanation: - For the purposes of this section, “excessive interest’ means interest charged at a rate higher than that fixed by the Government under subsection (1) of section 7.

Inquiry for taking accounts and declaring the amount due

Where this provision sits

ActThe Puducherry Money Lenders Act, 1970
Section19
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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