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Bombay Presidency - Section

Section 6 in The Bombay Money-Lenders Act, 1946

6. Application for licence.

(1)Every money-lender shall annually before such date as may be prescribed make an application in the prescribed form for the grant of a licence to the Assistant Registrar of the area [within the limits of which the place] [This portion was substituted for 'within the limits of which he intends to carry on the business on money­lending,' by Bombay 58 of 1949, Section 3(i).] [where he carries on or intends to carry on the business of money-lending is situated. When he carries on or intends to carry on such business at more than one place, a separate application in respect of each such place shall be made to such Assistant Registrar] [This portion was substituted for the portion beginning with 'where he intends to carry' and ending with 'is situated' by Maharashtra 76 of 1975, Section 3(a)(i).]. Such application shall contain the following particulars, namely :-
(a)[the true name] [These words were substituted for the words 'the name' and for the words 'the name', respectively by Maharashtra 76 of 1975, Section 3(a)(ii).] in which such money-lender intends to carry on business and [the true name] [These words were substituted for the words 'the name' and for the words 'the name', respectively by Maharashtra 76 of 1975, Section 3(a)(ii).] of the person proposed to be responsible for the management of the business;
(b)if the application is by or on behalf of-
(i)an individual, [the true names] [These words were substituted for the words 'the name' and for the words 'the name', respectively by Maharashtra 76 of 1975, Section 3(a)(ii).] and address of such individual.
(ii)an undivided Hindu family, [the true names] [These words were substituted for the words 'the name' and for the words 'the name', respectively by Maharashtra 76 of 1975, Section 3(a)(ii).] and addresses of the manager and the adult coparceners of such family;
(iii)[a company] [These words were substituted for the words 'a bank or company' by Bombay 13 of 1951, section 3(i)(a).], [the true names] [These words were substituted for the words 'the name' and for the words 'the name', respectively by Maharashtra 76 of 1975, Section 3(a)(ii).] and addresses of the directors, manager or principal officer managing it;
(iv)an unincorporated body of individuals, [the true names] [These words were substituted for the words 'the name' and for the words 'the name', respectively by Maharashtra 76 of 1975, Section 3(a)(ii).] and addresses of such individuals;
(c)the area and the place or principal place of the business of money­lending in the [State] [This word was substituted for, the word 'Province' by the Adaptation of Laws Order, 1950.];
(d)the name of any other place in the [State] [This word was substituted for, the word 'Province' by the Adaptation of Laws Order, 1950.] where the business of money-lending is carried on or intended to be carried on;
(e)whether the person signing the application has himself or any of the adult coparceners of an undivided Hindu family, or any director, manager or principal officer of the [ [* *] [These words were substituted for the original by Bombay 58 of 1948, Section 3(1)(b) and (c).] company] or any member of the unincorporated body on behalf of which such application has been made, as the case may be, has carried on the business of money-lending in the [State] [This word was substituted for, the word 'Province' by the Adaptation of Laws Order, 1950.] in the year ending on the 31st day of March immediately preceding the date of the application either individually, or in partnership, or jointly with any other coparcener or any other person and whether in the same or any other name;
(f)the total amount of the capital which such person intends to invest in the business of money-lending in the year for which the application has been made;
(g)[ if the places at which the business of money-lending is to be carried on are more than one, [the true names] [New clause (g) was inserted by Bombay 58 of 1948, Section 3(i)(a).] of person who shall be in the management of the business at each such place.]
(2)The application shall be in writing and shall be signed-
(a)
(i)if the application is made by an individual, by the individual;
(ii)if the application is made on behalf of an undivided Hindu family, by the manager [* * *] [The words 'and the adult coparceners' were deleted by Bombay 58 of 1948, Section 3(ii)(a).] of such family;
(iii)if the application is made by a [ [*] [These words were substituted for the word 'bank' by Bombay 58 of 1948, Section 3(ii)(b).] company] or unincorporated body, by the managing director or any other person having control of its principal place of business in [the territory of India except Part B States] [These words and letter were substituted for the words, 'British India' by the Adaptation of Laws Order, 1950.] [but including the Saurashtra and Hyderabad areas of the State of Bombay] [These words were inserted by Bombay 50 of 1959, Section 4(e).] or of its place of business in the area in which it intends to carry on the business; or
(b)by an agent authorised in this behalf by a power of attorney by the individual money-lender himself, or the family, or the [ [*] [These words were substituted for the word 'bank' by Bombay 58 of 1948, Section 3(ii)(b).] company] or the unincorporated body, as the case may be.
(3)The application shall also contain such other particulars as may be prescribed.[ [(4) Every application shall be accompanied by a licence fee of [two hundred rupees]: [Sub-sections (4) and (5) were added by Bombay 58 of 1948, Section 3(iii).]Provided that, where an application is made after the expiry of the period prescribed by rules, it shall be accompanied by a licence fee of [four hundred rupees.] [These words were substituted for the words 'two hundred' by Maharashtra 7 of 1992, Section 2(b).]]
(5)The fee payable under this section shall be paid in the manner prescribed and shall not be refunded, notwithstanding the fact that [* * *] [The words 'the grant of licence is refused or' were deleted by Maharashtra 7 of 1992, Section 3(c).] the application is withdrawn.]