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State of Tamilnadu - Section

Section 2 in Tamil Nadu Money-Lenders Act, 1957

2. Definitions.

- In this Act, unless the context otherwise requires, -
(1)[ "bank" means - [Clauses (1), (1-A) and (2) were substituted for original clauses (1) and (2) by section 2(i) of the Tamil Nadu.]
(a)a banking company to which the Banking Regulation Act, 1949 (Central Act X of 1949) applies;
(b)the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955);
(c)a subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959);
(d)a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970);
(e)a Regional Rural Bank established under the Regional Rural Banks Act, 1976 (Central Act 21 of 1976);
(f)the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (Central Act 18 of 1964);
(g)the Agricultural Refinance and Development Corporation established under the Agricultural Refinance and Development Corporation Act, 1963 (Central Act 10 of 1963);
(h)the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956);
(i)the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (Central Act XV of 1948);
(j)the Tamil Nadu Industrial Investment Corporation Limited; and
(k)any other financial or banking institution notified in this behalf by the Government in the Tamil Nadu Government Gazette;
(1-A) "citizen of India" means a person who is a citizen of India within the meaning of Part II of the Constitution of India and the Citizenship Act, 1955 (Central Act LVII of 1955);
(2)"co-operative society" means a society registered or deemed to be registered under the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961);]
(3)"Government" means the State Government;
(4)"interest" includes the return to be made over and above what was actually lent whether the same is charged or sought to be recovered specifically by way of interest or otherwise, but does not include any sum charged by a lender in accordance with the provisions of this Act or any other law for the time being in force for or on account of costs, charges or expenses;
(5)"licence" means a money-lenders licence granted under this Act
(6)"loan" means an advance, whether of money or in kind at interest: and includes any transaction which the Court finds in substance to amount to such an advance, but does not include -
(i)a deposit of money or other property in a Government Post Office Savings Bank or in a Bank, in a company as defined in the Companies Act, 1956 (Central Act I of 1956) or with: co-operative society;
(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 (Central Act XIX of 1925) applies;
(iii)an advance made by Government or by any person authorised by Government to make advances in their behalf, or by any local authority;
(iv)an advance made by any authority specified by Government by notification;
(v)an advance made bona fide by any person carrying on any business, not having for its primary object the lending of money, if such loan is advanced in the regular course of such business;
(vi)an advance made on the basis of a negotiable instrument and defined in the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881), exceeding [rupees ten thousand] [Substituted for the words 'rupees three thousands' by section 2(ii)(a) of the Tamil Nadu Money-Lenders (Amendment) Act, 1979 (Tamil Nadu Act 41 of 1979).];
[(vi-a) an advance made by any company or corporation owned or controlled by the Central Government or any State Government;] [Clause (vi-a) was inserted by section 2(ii)(b), of the Tamil Nadu Money-Lenders (Amendment) Act, 1979 (Tamil Nadu Act 41 of 1979).]
(vii)an advance made to its members by any Nidhi or Permanent Fund registered under any law in force in India;
(viii)an advance made under any Chit Fund Scheme;
(ix)an advance made by an agriculturist to his tenant;
(7)A person shall be deemed to "molest" another person, if he -
(a)obstructs or uses violence to or intimidates such other person, or
(b)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
(c)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
(d)does any act calculated to annoy or intimidate the member of the family of such other person, or
(e)moves or acts in a manner which cause or is calculated to cause alarm or danger to the person or property of such other person;
(8)"money-lender" means a person whose main or subsidiary occupation is the business of advancing and realising loans, but excludes a bank or a co-operative society.Explanation. - Where a person who carries on in the [State of Tamil Nadu] [Substituted for the words 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] the business of advancing and realising loans is resident outside the [State of Tamil Nadu] [Substituted for the words 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.], the agent of such person resident in the [State of Tamil Nadu] [Substituted for the words 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] shall be deemed to be the money-lender in respect of that business for the purposes of this Act;
(9)"principal", in relation to a loan, means the amount actually lent to the debtor;
(10)"year" means the financial year.