State of Rajasthan - Act
The Rajasthan Money-Lenders Act, 1963
RAJASTHAN
India
India
The Rajasthan Money-Lenders Act, 1963
Act 1 of 1964
- Published on 20 March 1964
- Commenced on 20 March 1964
- [This is the version of this document from 20 March 1964.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-3. Appointment of Registrar General, Registrars and Assistant Registrars.
- The State Government may, by notification in the Official Gazette, appoint such officers, as it thinks proper, to be a Registrar General, Registrars and Assistant Registrars of money-lenders for the purposes of this Act and may define the areas within which each such officer shall exercise his powers and perform his duties.4. Register of money-lenders.
- Every Assistant Registrar shall maintain for the area of his jurisdiction a register of money- lenders in such form as may be prescribed:Provided that any register maintained in any area immediately before the commencement of this Act under the provisions of the enactments repealed by section 49 shall, in so far as it is not inconsistent with this Act or the rules made thereunder, be deemed to have been maintained under this Act.5. Money-lenders not to carry on business of money-lending except for area under licence and except in accordance with terms of licence.
- Save as provided in section 49, no money-lender shall, after the expiration of six months from the date on which this Act brought into force, carry on, or continue to carry on, the business of money-lending except in the area for which he has been granted a licence and except in accordance with the terms and conditions of such licence.6. Application by money-lender for grant or renewal of licence.
| (a) if the place at which the business ofmoney-lending is to be carried on is not more than one. | Rs. 15/- |
| (b) if the business of money lending is to becarried on at more than one place within the limits of the areaof the Registrar... | Rs. 15/-for the licence for the principal place of business, andRs.6/- for the licence for each of the other places in the area. |
7. Inquiry into and disposal of application.
8. Grounds for refusal of licence.
9.
[Assistant Registrar's] [Substituted, by Rajasthan Act No. 6 of 1993, w.e.f. 9-12-1993.] power to cancel licence.10. Term of licence.
- A licence shall be valid for a period of three years from the [date of its issue or upto 31st March of the year in which its terms is to expire, whichever is earlier] [Substituted, by Rajasthan Act No. 6 of 1993, w.e.f. 9-12-1993.]:Provided that when an application for renewal of a licence has been received by an Assistant Registrar within the prescribed period, the licence shall, until the application is finally disposed of, be deemed to be valid.11. [ Dismissal of suit by money-lender not holding licence. [Substituted by Rajasthan Act No. 13 of 1976.]
12.
[Omitted].13. Application for cancellation of licence.
14. [ Application of section 5 of Central Act 36 of 1936 to certain appeals. [Substituted, by Rajasthan Act No. 6 of 1993, w.e.f. 9-12-1993.]
- The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963) shall apply to all appeals made under section 8.9 and 13 for the purpose of the said section of the said Act, the Registrar shall be deemed to be a court].15. Registrar, Assistant Registrar and authorised officer to have powers of civil courts.
- For the purposes of sections 7, 13 and 16, the Registrar, Assistant Registrar and, as the case may be, the officer authorised under section 16 shall have and may exercise the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters:-16. Power of authorised officer to require production of record or documents.
17. Court's power to cancel or suspend a licence.
18. No compensation for suspension or cancellation of licence.
- Where any licence is suspended or cancelled under this Act, no person shall be entitled to any compensation or the refund of any licence fee.19. Persons debarred from doing business during period of suspension or cancellation of licence.
- A person whose licence has been suspended or cancelled in accordance with the provisions of this Act shall, during the period of suspension or cancellation, as the case may be, be disqualified from holding any licence in the State.20. Person whose licence is suspended or cancelled not to apply without giving particulars of endorsement or disqualification.
- No person whose licence has been endorsed under section 17 or who has been disqualified from holding a licence, shall apply for, or be eligible to hold, a licence without giving particulars of such endorsement or disqualification.21. Transfer of licence to heir.
22. Duty of money-lenders to keep accounts and furnish copies.
23. Delivery of statement of accounts and copies thereof by money-lender.
24. Fees for certain statements supplied to debtor and Assistant Registrars.
25. Debtor not bound to admit correctness of accounts.
- Adebtor to whom a statement of accounts or a pass book has been furnished under section 22 shall not be bound to acknowledge or deny its correctness and his failure to do so shall not, by itself, be deemed to be an admission of the correctness of the accounts.26. Procedure of court in suits regarding loans.
-Notwithstanding anything contained in any law for the time being in force, in any suit to which this Act applies-27. [ Maximum amount of interest recoverable on loans and discharge of loans in certain cases. [Substituted by Rajasthan Act No. 13 of 1976.]
28. Power of court to direct payment of decretal amount by instalments.
- Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908), the court may, at any time, on the application of a judgment-debtor, after notice to the decree-holder, direct that the amount of any decree passed against him, whether before or after the date on which this Act comes into force, in respect of a loan shall be paid in such number of instalments and subject to such conditions, and payable on such dates, as, having regard to the circumstances of the judgment-debtor and the amount of the decree, it considers fit:Provided that nothing contained in this section shall apply to a decree passed under Order XXXIV of the First Schedule to the said Code.29. Limitation on rates of interest.
30. Prohibition of charge for expenses on loans by moneylenders.
- No money-lender shall receive from a debtor or intending debtor any sum other than reasonable costs of investigating title to the property, costs of stamp, registration of documents and other usual out-of-pocket expenses in cases where an agreement between the parties includes a stipulation that property is to be given as security or by way of mortgage and where both parties have agreed to such costs and reimbursement thereof, or where such costs, charges or expenses are leviable under the provisions of the Transfer of Property Act, 1882 (Central Act IV of 1882) or any other law for the time being in force.31. Notice and information to be given on assignment of loans.
32. Application of Act as respects assignees.
33. Reopening of transactions or accounts already taken.
- Notwithstanding anything contained in any law for the time being in force, the court shall, in any suit to which this Act applies, whether heard exparte or otherwise,34. Application to court by debtor for taking account.
35. Deposit in court of money due to money-lender.
36. When interest to be paid for entire month.
- Notwithstanding any agreement between the parties or any law for the time being in force, when a statement is delivered or pass book is supplied to a debtor under section 22 or if accounts are taken under section 34 or a tender o remittance is made by a debtor to a money-lender in respect of a loan under section 35 before the tenth day of a calendar month, the interest due shall be calculated as payable for fifteen days of the said month and if the statement is delivered or pass book is supplied or accounts are taken or tender or remittance is made on any subsequent day, then for the entire calendar month irrespective of the fact that such statement is delivered or pass book is supplied or such accounts are taken or such tender or remittance is made on any such day.37. Money-lenders to exhibit their names over shops.
- [(1)] [Renumbered by Rajasthan Act No 6 of 1993, w.e.f. 9-12-1993.] every money-lender shall always keep exhibited over his shop or place of business, in Hindi written in Devnagari script his name with the word 'money-lender' and the number of his licence.38. Entry of wrong sum in bond etc. to be an offence.
39. Penalty for molestation.
- Whoever molests, or abets the molestation of a debtor for the recovery of a debt due by him to a creditor shall, on conviction, be punishable with imprisonment of either description which may extend to three months or with fine which may extend to five hundred rupees or with both.Explanation. - For the purpose 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-40. [ Punishment for contravention of certain sections and rules. [Substituted by Rajasthan Act No 6 of 1993, w.e.f. 9-12-1993.]
- Whoever fails to comply with or acts in contravention of any of the provisions contained in section 5,21,22,23,29,30 and 37 or any of the rules made under this Act, shall, conviction, be punishable.-41. Offences by corporation etc.
- If the person contravening any of the provisions of this Act is an undivided Hindu Family or a company or an un-incorporated body, the person responsible for the management of the business of such family, company or body shall be deemed to be guilty of such contravention.42. Cognizance of certain offences.
- [(1)] [Renumbered by Rajasthan Act No 6 of 1993, w.e.f. 9-12-1993.] No court shall take cognizance of any offence punishable under section 40 for contravening the provisions of sections [x x] [Deleted by Rajasthan Act No 6 of 1993, w.e.f. 9-12-1993.] 22 or 23, except with the previous sanction of the Registrar.43. Compounding of offences.
| Offence | Section applicable | Person by whom offence may be compounded |
| Receiving payment without a receipt oraccepting any article as pawn or pledge or security for a loanwithout giving a plain signed receipt. | 22(4) and (5), 40 | The debtor by whom or on whose behalf paymentis made or by whom the article is pawned, pledged or given assecurity. |
| Charging or receiving interest at a rateexceeding the maximum rates fixed under sub-section (1) ofsection 29. | 29, 40 | The debtor from whom the interest is charged or received. |
| Charging any sum for expenses on loan by money lenders. | 30, 40 | The debtor from whom any sum for expenses on loan ischarged. |
| Entering of wrong sum in bond etc. | 38 | The debtor from whom the documents is taken. |
| [x x x] [Deleted by Rajasthan Act No 6 of 1993, w.e.f. 9-12-1993.] |
| (i) offence under section 5 | Rs. 1000/- |
| (ii) offences under sub-section (2),(4) and (5) of section 22and section 23 | Rs.200/- |
| (iii) offence under section 29 | Rs.500/- |
| (iv) offence under section 30 | Rs.250/- |
| (v) offence under section 38 | Rs.100/-] |