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State of Tamilnadu - Section

Section 4 in Tamil Nadu Money-Lenders Act, 1957

4. Grant and refusal of licence.

(1)Every application for a money-lenders licence shall be in writing and shall be made to the licensing authority prescribed under this Act:Provided that a person under the age of eighteen years shall be eligible to apply for a licence only through a guardian:Provided further that if any person acting as a guardian on behalf of a minor applies for, and obtains a licence under this Act, such guardian shall be subject to all the provisions of this Act as if the licence has been granted to himself.
(2)Every licence shall be granted in such form and subject to such conditions as may be prescribed including conditions as to payment of licence fees not exceeding one hundred rupees.
(3)The licensing authority may, by order in writing, refuse to grant a licence, if such authority is satisfied -
(a)that the applicant has not complied with the provisions of this Act or the rules made thereunder in respect of an application for the grant of a licence; or
(b)that the applicant has made wilful default in complying with, or knowingly acted in contravention of, any requirement of this Act; or
(c)that the applicant has -
(i)knowingly participated in or connived at any fraud or dishonesty in the conduct of, or in connection with, the business of money-lending; or
(ii)been found guilty of an offence under Chapter XVII or Chapter XVIII of the Indian Penal Code (Central Act XLV of 1860); or
(iii)been found guilty of an offence [under section 10-A or section 11] [Substituted for the expression 'under section 11' by section 3 of the Tamil Nadu Money-Lenders (Amendment) Act, 1979 (Tamil Nadu Act 41 of 1979).] or section 13 on two or more occasions; or
(d)that the applicant has had his licence cancelled within six months before the date of application.
(4)Any person aggrieved by an order of the licensing authority under subsection (3) may, within one month from the date of communication of such order to him, appeal to the prescribed authority.
(5)Every licence granted under this Act shall, subject to the provisions of sub-section (7), expire on the last day of the year in which it was granted.
(6)A licence granted under sub-section (2) may be renewed from year to year and the provisions of sub-sections (1) to (5) shall apply in relation to the renewal of a licence as they apply in relation to the grant of a licence.
(7)If orders refusing to renew a licence are not communicated to a moneylender by the licensing authority before the expiry of his current licence, the money-lender shall, notwithstanding such expiry, be deemed to have a valid licence till orders are received by him on his application for renewal.
(8)Nothing in this section shall be deemed to disentitle a money-lender, whose licence has expired or has not been renewed, from taking steps to recover any loan advanced during the period when the licence was in force.