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State of Gujarat - Section

Section 40 in Gujarat Money-Lenders Act, 2011

40. Penalty for molestation.

- Whoever molests or abets the molestation of a debtor for the recovery' of a loan due by him to a Money-Lender shall, on conviction, be punished with imprisonment for a term which may extend to two years and with fine which may extend to twenty-five thousand rupees :Provided that in absence of the special and adequate reasons to the contrary to be mentioned in the judgements of the Court -
(i)for the first offence, such imprisonment shall not be less than six months and such fine shall not be less than ten thousand rupees;
(ii)for the second and subsequent offences, such imprisonment shall not be less than one year and such fine shall not be less than twenty-five thousand rupees.
Explanation. - For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing-
(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 thereof, or
(c)loiters near a house or other place where such other person resides or works, or carries on business, or happens to be, or does any act calculated to annoy or intimidate such other person,
shall be deemed to molest such other person :Provided that a person who goes to such house or place in order merely to obtain or communicate information shall not be deemed to molest.