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State of Tamilnadu - Section

Section 15 in Tamil Nadu Money-Lenders Rules, 1959

15. Procedure for effecting transfer of a licence when a licensee dies.

(1)Any person claiming to be legal representative of a deceased licensee may apply to the licensing authority in Form-G for transferring in his name the licence standing in the name of the deceased.
(2)A certificate of death issued by the [village headman] [Now Village Administrative officer.] of the locality or the Registered Medical Practitioner, who attended on the deceased shall ordinarily accompany the application in Form-G.
(3)The declaration to be obtained from the legal representative under subsection (3) of section 19 shall be in Form-G.Form A(See rule 3)Form of Application of a Money-Lenders LicenceThe Tahsildar,..........Taluk.The Independent Deputy Tahsildar,.............Sub-taluk
1 Name in full of the applicant.  
2 Address in full (any subsequent change shouldbe notified).  
3 Father's name.  
4 If the applicant is a native of State outsidethe State of Tamil Nadu -(i) full address in such State; and  
  (ii) a list of the properties owned in suchState.  
5 Is the applicant a registered firm ? If so, thename of the firm.  
6 If the applicant is the representative of anundivided Hindu family, state whether he is the manager, or thekarnavan or the yajaman of the family.  
7 If the applicant is a member of any otherassociation of individuals not required to be registered underthe Companies Act, 1956 (Central Act I of 1956), the name of theassociation and the applicants relation thereto.  
8 Address of shop or place of business in respectof which he applied for.  
9 If the applicant has more than one shop or placeof business, the address of each such shop or place of business.  
10 Has the applicant applied for a separate licencein respect of each shop or place of business mentioned againstitem 9 and, if so, with what result?  
11 Is the present application made for the grant ofa new licence or for the renewal of an old licence ?  
12 Has the applicant paid the prescribed fee forthe licence?  
The treasury receipt should be enclosed)Signature of the Applicant.I declare that the particulars stated above are correct to the best of my knowledge and belief.
Station:Date: Signature of the Applicant.
Form-B(See rule 4)Money-Lenders LicenceNo.......The Tahsildar,...............................Taluk............................................hereby authorise and empowers the Independent Deputy Tahsildar, ................ Sub-taluk, residing at..................................of............................to carry on the business of moneylender in premises No........................ in taluk from.................................... up to and until the 31st of March subject to the conditions stipulated below : -Conditions of Licence
(1)This licence shall not be transferred to any person.
(2)This licence shall be produced before an Inspector appointed under the Act or any officer not below the rank of a Deputy Tahsildar having jurisdiction over the area, whenever it is demanded for inspection.
(3)This licence shall apply to the premises mentioned above.
(4)This licence shall not entitle or guarantee the renewal of the licence for the succeeding year.Given under my hand and seal, this day of......................................(Fees paid: Rs................................................................)Tahsildar,.....................................taluk.Independent Deputy Tahsildar,....................................................Sub-taluk.Form-C(See rule 6)Account BookName of the money-lender:Full address:Number and date of licence of the money-lender:
1 Number of loan.  
2 Name and address in full of the debtor.  
3 Date of loan.  
4 Amount of the principal of the loan.  
5 Rate of interest charged on the loan.  
6 Nature of the security, if any.  
7 The amount of every payment on account of theprincipal received by the money-lender.  
8 The amount of every payment on account of theinterest received by the money-lender in respect of the loan.  
9 Date of such payment.  
10 Signature of the money-lender or his agent anddate.  
Note. - All entries in the book shall be recorded then and there.Form-D(See rule 7)Receipt
Number and date of LicenceNo..................................dated.............. of themoneylender.
Receivedfrom.......................................on.........................inpart/full.
Re-payment of loannumber:......................................................
Towards principal amount of loan. Rs...........(in words)
Towards interest Rs............(in words)
Total Rs..........(in words)
Signature of the Money-Lender or his Agent.
(Substituted by G.O. Ms. No. 29, Co-operation,dated the 19th September 1969)
Form-E(See rule 8)Statement of AccountName of the money-lender:Full address:Number and date of licence of the money-lender:
1 Name of debtor.  
2 Number of loan.  
3 Date of loan.  
4 Amount of the principal of the loan.  
5 Nature of the security, if any.  
6 Rate of interest charged.  
7 The amount of every payment on account of theprincipal received by the money-lender in respect of the loan.  
8 The amount of every payment on account of theinterest received by the money-lender in respect of the loan.  
9 Date of such payment.  
10 Amount remaining outstanding on account of theprincipal.  
11 Amount remaining outstanding on account of theinterest.  
12 Signature of the money-lender or his agent anddate.  
Form-F(See rule 10)Pass-BookName of the money-lender:Full address:Number and date of licence of the money-lender:Name of debtor:Full address:
1 Number of loan.  
2 Date of loan.  
3 Amount of the principal of the loan.  
4 Nature of the security, if any.  
5 Value of the security.  
6 Rate of interest charged.  
7 The amount of every payment on account of theprincipal received by the money-lender in respect of the loan.  
8 The amount of every payment on account of theinterest charged by the money-lender in respect of the loan.  
9 Date of payment.  
10 Amount remaining outstanding on account of theprincipal.  
11 Amount remaining outstanding on account of theinterest.  
12 Signature of the money-lender or his agent anddate.  
Form-G(See rule 15)Form of Application for the Transfer of LicenceToThe Tahsildar,...........Taluk.The Independent Deputy Tahsildar,...........Sub-taluk.
1 Name in full of the applicant applying for thetransfer of the licence.  
2 Address in full of the applicant.  
3 Name in full of the deceased licensee.  
4 Address in full of the deceased licensee.  
5 Licence number and date (now sought to betransferred).  
6 Applicants relationship with the deceasedlicensee.  
7 Is the applicant the only legal representativeof the deceased ? If not, mention the names of the other legalrepresentatives.  
8 Is the applicant a member of an undivided Hindufamily and, if so, is he the manager or the karnavan or theyejaman of the family ?  
9 Is the applicant already a licensee under theAct? If so, give particulars.  
10 Is the certificate of death of the licenseeenclosed? If not, the reason should be stated.  
Station:Date: Signature of the Applicant.
I declare that the particulars stated above are correct and true to the best of my knowledge and belief.Signature of the Applicant.[Form-H] [Substituted by G.O. Ms. No. 88, Food and Co-operation, dated the 17th February, 1983.](See rule 9-A)Statement of Return Relating to the Loans Advanced by the Money-LendersTo[The Inspector......................] [The expression 'Inspector' in this Form refers to the Tahsildar or Independent Deputy Tahsildar in-charge of the taluk or the sub-taluk, as the case may be, having jurisdiction over the place of business of the money-lender who is submitting this return.]..............................................Return relating to the loans advanced by money-lender................. Licence number..........for the half-year ended on...........
1 Name of the money-lender.  
2 Full address.  
3 Amount advancedfrom........................to.........................  
4 Amount realised as principalfrom.........................to......................  
5 Amount realised as interestFrom..........................to.......................  
Date: Signature of the Money-lender.
NotificationsFixation of Rates of Interest Chargeable by a Money-Lender in Respect of Loans Under Tamil Nadu Money-Lenders Act, 1957[G.O. Ms. No. 406, Co-operation, dated the 5th July, 1979. [Published in Part II, section 2, of the Tamil Nadu Government Gazette, Extraordinary, dated 6th July 1979.]]Whereas under sub-section (1) of section 7 of the Tamil Nadu Money-lenders Act, 1957 (Tamil Nadu Act XXVI of 1957), the Government have been empowered to fix the maximum rate of interest that may be charged by a moneylender on any loan;And Whereas under the proviso to the said sub-section (1), the rate of interest so fixed shall be correlated to the current bank rates of lending as may be fixed by the Reserve Bank of India, from time to time;Now Therefore, in exercise of the powers conferred by sub-section (1) of section 7 of the said Act, the Governor of Tamil Nadu, after taking into account the current bank rates of lending fixed by the Reserve Bank of India, hereby fixes the rate of interest specified in column (2) of the Table below, as the rates of interest chargeable by a money-lender in respect of the loans specified in the corresponding entries in column (1) thereof.Table
Loans Rates of Interest
1 2
(i) Secured loan. Not exceeding nine per cent, per annum, simpleinterest.
(ii) Unsecured loan. Not exceeding twelve per cent, per annum, simpleinterest.
Date of Enforcement of Tamil Nadu Money-Lenders Act, 1957 (Tamil Nadu Act XXVI of 1957) in Chennai City and Certain Municipalities of Tamil Nadu State[G.O. Ms. No. 3485, Industries, Labour and Co-operation, dated the 8th September, 1959 - SRO No. A5507 of 1959 [Published in Part I, page 1329, of the Fort St. George Gazette, dated the 16th September 1959, S.R.O. No. A-5507 of 1959.]]Under sub-section (3) of section 1 of Tamil Nadu Money-lenders Act, 1957 (Tamil Nadu Act XXVI of 1957), the Governor of Tamil Nadu hereby specifies the 16th October, 1959 as the date on which the said Act shall come into force in the following areas of the State of Tamil Nadu, namely : -I. City of ChennaiII. MunicipalitiesAmbur, Arcot, Arakkonam, Anni, Aruppukottai, Bodinayakanur, Chidambaram, Chengalpet, Coimbatore, Kollegal, Coonoor, Cuddalore, Cum-bum, Devakottai, Dharapuram, Dindugal, Erode, Gobichettipalayam, Kudiyatham, Kancheevaram, Karaikudi, Karur, Kodaikanal, Kumbakonam, Kurichi, Kulithalai, Madurai, Mannargudi, Mayavaram, Mettupalayam, Melapalayam, Nagapattinam, Nagerkoil, Ootacamund, Padmanabhapuram, Palayamkottai, Palani, Periyakulam, Pollachi, Pudukottai, Rajapalayam, Ramanathapuram, Ranipet, Rasipuram, Salem, Sencottah, Sivakasi, Srirangam, Srivalliputhur, Tanjore, Tindivanam, Trichirapalli, Tirunelveli, Tiruppathur, Tiruppur, Tiru-vannamalai, Tiruvarur, Tiruvallur, Tiruvetriyur, Tuticorin, Udumalpet, Vaniyambadi Vellore, Villupuram, Virudunagar, Walajapet.Date of Coming into force of Tamil Nadu Money-Lenders Act in Panchayat Towns of Tamil Nadu State.[(G.O. Ms. No. 744, Industrial, Labour and Co-operation, dated the 6th February 1963) - II-I No. 974 of 1963.] [Published in Part II - Section 1, pages 420-422, of the Fort St. George Gazette, dated the 13th February 1963.]Under sub-section (3) of section 1 of the Tamil Nadu Money-lenders Act, 1957 (Tamil Nadu Act XXVI of 1957), the Governor of Tamil Nadu hereby specifies the 15th March 1963 as the date on which the said Act shall come into force in (i) the local area classified and declared as Panchayat Towns under clause (a) of sub-section (1) of section 3 of the [Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958)] [Now, the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).] specified in Schedule I below; and (ii) the areas within the limits of Panchayats specified in Schedule II below: