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State of Jharkhand - Section

Section 2 in Jharkhand Private Money Lending (Prohibition) Act, 2016

2. Definitions.

- In this Act unless the subject or context otherwise requires -
(a)"State Government" means Government of the Jharkhand;
(b)"Bank" means-
(i)a banking company to which the Banking Regulation Act, 1949 (Central Act 10 of 1949) applies;
(ii)the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955);
(iii)a subsidiary bank defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959.
(iv)a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970);
(v)A primary credit as defined in clause (c) (iv) of Section 2 of the Reserve Bank of India Act, 1934.
(vi)A Co-operative Bank as defined in clause (b)(ii) of Section 2 of the Reserve Bank of India Act, 1934.
(vii)The Reserve Bank of India constituted under the Reserve Bank of India Act, 1934.
(viii)Agriculture Refinance Corporation constituted under the Agriculture Refinance Corporation Act, 1963.
(ix)The Life Insurance Corporation of India constituted under the Life Insurance Corporation Act, 1956.
(x)The Unit Trust of India.
(xi)The General Insurance Corporation of India.
(xii)a regional rural bank established under the Regional Rural Banks Act, 1976 (Central Act 21 of 1976);
(xiii)a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980);
(xiv)the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (Central Act 18 of 1964);
(xv)the National Bank for Agriculture and Rural Development established under the National Bank for Agriculture and Rural Development Act, 1981 (Central Act 61, 1981);
(xvi)the Export Import Bank of India established under the Export Import Bank of India Act, 1981 (Central Act 11 of 1959).
(xvii)the Industrial Finance Corporation of India established under the Industrial Finance Corporation of India Act, 1948 (Central Act 15 of 1948);
(xiii)State Financial Corporations established under the State Financial Corporation, Act, 1951(Central Act 63 of 1951);
(xix)the Industrial Reconstruction Bank of India established under the Industrial Reconstruction Bank of India Act, 1984 (Central Act 62 of 1984);
(xx)the Industrial Credit and Investment Corporation of India Limited, a company incorporated under the Indian Companies Act, 1913 (Central Act 7 of 1913).
(xxi)the Agricultural Finance Corporation Limited a company incorporated under the Companies Act, 1956;
(c)"Loan" means a loan on interest advanced by a money lender whether in cash or in kind and shall include mandeorha, sawaiya, rehan, Bandhaki, pauni, sudbharna, kishti and any transaction which, in substance, is a loan but shall not include -
(a)a loan advanced by the Central/State Government or by any local body authorised by the Central/State Government,
(b)a loan advanced on a deposit of money, in 1a8 P o?st? O/?ff?ic, e 2S0a1v6in gs Bank or a deposit of money or any other property in any other bank or any Company or a Co-operative Society registered, under the Bihar and Orissa Co-operative Societies Act, 1935.
(c)a loan advanced by Public Sector Undertakings or any Private Limited Company registered under Indian Companies Act to its employees.
(d)an advance made to a subscriber to, or a depositor in, a Provident Fund from the amount standing to his credit in the fund in accordance with the rules of the fund;
(e)a loan to or by an Insurance Company as defined in the Insurance Act, 1938 (Central Act IV of 1938);
(f)a loan to or by a Bank;
(d)"Private Money Lender" means an individual or group of individuals advancing loan and shall include a Hindu undivided family and the legal representatives and successors-in-interest, whether by inheritance, assignment or otherwise of a person who advances a loan, but does not include any corporation incorporated by the Central or State Government as a Bank or Financial Corporation or a Co-operative Society or registered Financial Institution.
(e)"Interest" means and includes the return to be made over and above what was actually lent whether the same is charged or sought to be recovered specifically by way of interest or otherwise.
(f)"Business of money-lending" means the business of advancing loans whether in cash or in kind.