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State of Madhya Pradesh - Section

Section 4 in The M.P. Anusuchit Jan Jati Sahukar Viniyam, 1972

4. Grant or refusal of licences.

(1)
(a)Every application for a money-lender's licence shall be in writing and shall be made to such authority as may be prescribed.
(b)Every such application shall be accompanied by such fee, not exceeding twenty-five rupees as the State Government may, from time to time by notification, determine.
(c)The fee payable under clause (b) shall be paid in such manner as may be prescribed.
(d)Where the licence applied for is refused, the fee paid under clause (b) shall be refunded in full and where the application for the licence is withdrawn by the applicant before the licence is actually granted, the fee paid less ten percent thereof shall be refunded.
(2)Every licence shall be granted in such form and subject to such conditions as may be prescribed.
(3)The licensing authority may, by order in writing, refuse to grant a licence if such authority is satisfied after making due enquiry,-
(a)that the applicant has not complied with the provisions of these Regulations or the rules made thereunder in respect of an application for the grant of a licence;
(b)that the applicant has knowingly acted in contravention of any requirement of these Regulations;
(c)that the applicant 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 any offence under Chapter XVII or Chapter XVIII of the Indian Penal Code 1860 (Central Act XLV of 1860).
Explanation. - For the purpose of this clause, the expression "due enquiry" shall include enquiry relating to previous background, rates of interest charged, manner of recoveries etc. by the applicant in the past :Provided that before passing an order refusing to grant a licence on any of the grounds specified above other than the grounds specified in sub-clause (ii) of clause (c), the applicant shall be given a reasonable opportunity of being heard.
(4)The licensing authority shall, in the matter of granting or refusing to grant a licence by subject to control and direction of the State Government or such other authority as may be prescribed.
(5)Any person aggrieved by an order of the licensing authority under sub-section (3) may, within one month from the date of communication of such order to him, appeal to the prescribed authority.
(6)Every licence granted under this section shall, subject to the provisions of sub-section (7), expire on the last day of the year for which it was granted.
(7)A licence granted under sub-section (2), may be renewed from year to year and the provisions of sub-sections (1) to (4) shall apply in relation to the renewal of a licence, as they applied in relation to the grant of a licence.