Section 18B in The Orissa Money-lenders' Act, 1939
18B. Power of the Government to require money-lenders to produce records.
(1)The State Government may, from time to time, by notification require the money-lender or money-lenders belonging to any class or carrying on business in any local area, to produce before such authority and by such date as may be specified in the said notification, all records relating to their business including documents evidencing advance of loans.(2)The authority specified in the notification referred to in Sub-section (1) shall scrutinise the documents with a view to determining if the transactions exceed the amount for which the money-lender has obtained the registration certificate and shall, after giving the money-lender a reasonable opportunity of being heard, pass an order declaring the particulars of transactions that are within the amount specified in the said certificate.(3)The order referred to in Sub-section (2) shall be published by affixture in the notice-board of the authority passing the order and copies thereof shall also be sent to the Block Development Officer and the Tahasildar within whose local limits of jurisdiction the money-lender's principal place of business is situate for publication by affixture in the notice-boards of their offices.(4)If the authority referred to in Sub-section (2) is satisfied that a money-lender has transacted business in excess of the amount specified in his registration certificate, he may issue an order cancelling the said certificate and may also disqualify him from being registered as a moneylender for such period not exceeding three years as may be specified in the order.(5)An order made under Sub-section (2) or Sub-section (4) shall forthwith be communicated to the concerned money-lender by the authority who has made the order.(6)Any person aggrieved by an order passed under Sub-section (2) or Sub-section (4) may, within one month from the date of communication of the said order, prefer an appeal before such authority as may be specified in the notification referred to in Sub-section (1).(7)An order passed under Sub-section (2) or Sub-section (4) shall, subject to the order passed in an appeal, if any, be final and shall not be called in question in any Court.(8)No Court shall entertain any claim in respect of any loan advanced prior to the date of the order referred to in Sub-section (2) unless the particulars thereof are contained in the said order and all suits in respect of such claims shelf stand abated.(9)An order passed under Sub-section (4) shall, if it is not set aside in appeal, if any, be communicated by the authority passing the order to the concerned Sub-Registrar who shall thereupon make necessary corrections in the register of money-lenders maintained by him.(10)Subject to the provisions of Sub-section (8), the cancellation of the certificate of registration of a money-lender shall not affect his fight to realise the loans advanced by him in accordance with the provisions of this Act prior to such cancellation, but he shall not be entitled to the refund of any fee paid in respect of such certificate.
