42. Penalty for contravention of section 5,19,33 or 38.
- Whoever-(a)carries on the business of money-lending in any area without registration in contravention of section 5; or(b)fails to produce any record or document in compliance with any requirement made under sub-section (1) of section 19 or knowingly produces any false record or document; or(c)obstructs any officer making an entry, inquiry, search, seizure or entrance under sub-section (2) of section 19: or(d)demands, charges or receives from a debtor the interest at higher rate in contravention of sub-section (3) of section 33; or(e)accepts any promissory note, acknowledgement bond or other writing or document or any instrument in contravention of section 38; or(f)tempers with debtors' record or transaction or makes a wrongful or false entry therein or tempers or mutilates or destroys pawn or property -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 reason to the contrary to be mentioned in the judgements of the Court -(i)for the first offence, such imprisonment shall not be less than three months and such fine shall not be less than five thousand rupees,(ii)for the second and subsequent offences, such imprisonment shall not be less than six months and such fine shall not be less than ten thousand rupees.
