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State of Gujarat - Section

Section 10 in Gujarat Money-Lenders Act, 2011

10. Refusal for grant or renewal or registration.

(1)The grant or renewal of registration shall not be refused except on any of the following grounds :-
(a)that the applicant or any person responsible or proposed to be responsible for the management of his business as a Money-Lender is disqualified under this Act;
(b)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 or renewal of registration;
(c)that the applicant has made wilful default in complying with, or knowingly acted in contravention of any provision of this Act;
(d)that satisfactory evidence has been produced that the applicant or any person responsible for the management of his business of money-lending 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 section 465, 477 or 477-A of Chapter XVIII of the Indian Penal Code:
(e)that the applicant has made an application for grant or renewal of registration, during the period for which his registration has been suspended or during the period for which he has been disqualified under this Act for holding registration;
(f)that the applicant or the person responsible or proposed to be responsible for the management of the business of money-lending, being a member of a family of a Hindu Undivided Family or a member of a board of directors of a company or a member of an unincorporated body of individuals or a partner of a firm who has been refused the grant or renewal of registration under any of the clauses (a) to (e); and
(g)such other grounds as may be prescribed.
(2)The Registrar shall, before refusing to grant or renew' registration under sub-section (1), give to the applicant a reasonable opportunity of producing evidence, if any, in support of the application and of showing cause as to why the grant or renewal of registration should not be refused; and record the evidence adduced before him and the reasons for such refusal.
(3)An appeal shall lie to the Registrar General against the order of the Registrar refusing the grant or renewal of registration under sub-section (1) and the decision of the Registrar General, thereon shall be final.