5A. [ Restriction on non-citizens. [Substituted vide Orissa Act No. 11 of 1980.]
(1)Notwithstanding anything contained in Section 5, no person who is not a citizen of India shall, on and from the date of commencement of the Orissa Money Lenders (Amendment) Act (Orissa Act 18 of 1986) (hereinafter referred to as the said date), carry on the business of money-lending.(2)Any licence granted or renewed under this Act prior to the said date in respect of a person who is not a citizen of India, shall stand cancelled and all transactions of money-lending carried on by such person as a moneylender shall cease from that date.(3)Any person referred to in Sub-section (1) who has obtained a licence for money-lending under this Act, prior to the said date may, subject to the provisions of this Act, recover through a competent Court the loans advanced before the said date.(4)Any person referred to in Sub-section (1), who carries on the business of money-lending in contravention of the provisions of this Act or recovers his loan otherwise than in accordance with the provisions of Sub-section (3) shall be punishable with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.(5)Any Court trying an offence under this section shall, unless it is proved to the contrary, presume that the accused is not a citizen of India, and that he was carrying on business of money-lending in contravention of the provisions of this section.]
