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State of Gujarat - 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, where he intends to carry in the business of money-lending or if he intends to carry on such business at more than one place in the area, the principal place of such business is situated] [This portion was substitute for the words 'within the limits of which he intends to carry on the business of money-lending' by Bombay 58 of 1948, section 3 (i).]. Such application shall contain the following particulars, namely.-
(a)the name in which such money-lender intends to carry on business and the name 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 name and address of such individual,
(ii)an undivided Hindu family, the names and addresses of the manager and the adult co-parceners of such family;
(iii)[a company] [These words substituted for the words 'a bank or Company' by Bombay 13 of 1951, section 3(1) (a).], the names and addresses of the directors, manager or principal officer managing it;
(iv)an unincorporated body of individuals, the names and addresses of such individuals;
(c)the area and the place or principal place of the business of money-lending 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 co-parceners of an undivided Hindu family, or any director, manager or principal officer of the [[* * * company] [These words were substituted for the original, by Bombay 58 of 1948, section 3 (1)(b) and (c).] 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 immediatly preceding the date of the application either individually, or in partnership, or jointly with any other co-parcener 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 names of person who shall be in the management of the business at each such place.] [New clause (g) was inserted by Bombay 58 of 1948, section 3 (i) (a).]
(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 [[* * company] [These words were substituted for the word 'bank' by Bombay 58 of 1948, section 3 (ii) (b).] or the unincorporated body, as the case may be.
(3)The application shall also contain such other particulars as may be prescribed.
(4)[ The application shall be accompanied by a licence fee at the following rates:-
(a)If the place at which the business of money- [Rs,10.] lending is to be carried on is not more than one.
(b)If the business of money-lending is to be [Rs. 10.] [These letters and figures were substitute for the letters and figures 'Rs. 5' by Gujarat 44 of 1963, section 3 (i).] for the principal place of carried on at more than one place within the business and [Rs.4.] [These letters and figure were substituted for the letters and figure 'Rs. 2' by Gujarat 44 of 1963, section 3 (ii).] for the licence limits of the area of the Registrar. for each of the other places in the area:
Provided that where an application is made after the expiry of the period prescribed by rules in respect of such application, it shall be accompanied by a licence fee at double the rates specified above.
(5)The fee payable under this section shall be paid in the manner prescribed and shall not be refunded, notwithstanding the fact that the grant of the licence is refused or the application is withdrawn.] [New sub-sections (4) and (5) were added by Bombay 58 of 1948, section 3 (iii).]