State of Andhra Pradesh - Act
Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Rules, 2011
ANDHRA PRADESH
India
India
Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Rules, 2011
Rule ANDHRA-PRADESH-MICRO-FINANCE-INSTITUTIONS-REGULATION-OF-MONEY-LENDING-RULES-2011 of 2011
- Published on 26 April 2011
- Commenced on 26 April 2011
- [This is the version of this document from 26 April 2011.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules unless the context otherwise requires, -3. Application for Registration.
4. Verification by the Registering Authority.
5. Consequences of furnishing incorrect inFormation.
- If any of the inFormation furnished in Form 1 is found to be incorrect, the Registering Authority shall also launch prosecution under the relevant provisions of the Indian Penal Code, 1860.6. Undertaking to be given by Micro Finance Institution before according Registration.
- Every Micro Finance Institution shall give an undertaking in Form 2 signed by the Chief Executive Officer or a person of equivalent designation of the Micro Finance Institution.7. Time limit for Registration.
- If all the details furnished by the Micro Finance Institution are in accordance with the requirements of Rules 3 and 6, Registration in Form 3 shall be issued within seven working days from the date of submission of Form-1 and Form 2.8. Renewal of Registration.
9. Register of Micro Finance Institutions operating in a district.
10. Cancellation of the Registration.
11. Suspension of Registration.
12. Effect of cancellation or non-renewal of Registration.
- In case of cancellation of registration as per Rule 10 or non-renewal of registration as per Rule 8 (4), such Micro Finance Institution shall not extend any fresh loans to the borrowers, but will be entitled to recover the dues of the subsisting loans subject to following the provisions of Section 16 of the Act.13. No dual membership.
14. Disclosure of interest rates.
15. All Charges to be subsumed under interest only.
16. Discharge of certain loans.
17. Procedure to be adopted in case of excess recovery.
18. Procedure in case Micro Finance Institution wants to advance loan to a Self Help Group member.
19. Granting multiple loans to be an offence.
- Any Micro Finance Institution granting a loan to any Self Help Group or its members having an outstanding loan except as provided in Section 10 shall be liable for punishment under Section 18 of the Act.20. Manner, Form and Format of the loan.
21. Issue of receipts for the repayments.
- Every payment received from a borrower shall be duly acknowledged by issuing a written receipt and a copy of the same shall be available in the records of the Micro Finance Institution.22. Furnishing statement of account to the borrower.
- The Micro Finance Institution shall deliver a copy of the statement of account on demand free of cost to the borrower.23. Place of collecting repayments in urban area.
- No Micro Finance Institution shall collect repayment of the Instalment due in urban areas except in a public place like office of Slum level Federation or ward office.24. Micro Finance Institution not to employ recovery agents.
25. Monthly Statement by Micro Finance Institution to Registering Authority.
26. Procedure for summoning Witnesses and requiring production of documents.
- For the purposes of implementing the provisions of the Act, the Registering Authority shall have the same powers with regard to summoning of Witnesses, requiring production of documents, recording evidence and other proceedings as are provided under the Code of Civil Procedure, 1908 and the provisions of the Code of Criminal Procedure 1973.27. Power to search and seizure.
28. Complaints.
29. Prosecution of cases.
| A. | Format for application for registration |
| 1. Name of the Micro FinanceInstitution/Organization : | |
| 2. Nature of the Organization: | |
| (Company/Partnership Firm/Society/NBFC/Co-Operative Society/Money Lender/HUF/Proprietary Firm / OthersSpecify) | |
| B. | Details of incorporation |
| 1. Whether Incorporated or not : | |
| 2. Date of incorporation: | |
| 3. Place of Incorporation: | |
| 4. Reference number of Incorporation: | |
| 5. Present Address of the registered office: | |
| 6. Details of persons connected with andresponsible For the day-to-day control, business and Managementof the Micro Finance Institution: |
| S.No | Name of the person | Designation Official address | Residential address | Contact number | Address | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| C. | Details of Organization at District Level |
| 1. New Micro Finance Institution or Existing Micro Finance Institution | |
| 2. List of the office(s) of the Micro Finance Institution in the district: |
| S.No. | Name of the branch | Office Address | Name of the head of the branch operations | Contact number | Email address |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 3. Names and details of employees deployed in the district. |
| SI. No. | Name | Designation | Residential Address | Contact No | EPF Code | Area allocated for operation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| D. | Details of subsisting loans |
| Sl No. | Name of the Borrower/ Father/ Husband | Ration Card No. | Village/ Ward/slum | Mandal/Town | Name of the Self Help Group belonging to | Amount of loan given | Purpose for loan | Amount realized so far towards | |
| Principal | Interest | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Number of Instalment's for repayment | Periodicity of payment Daily/ Weekly/Fortnightly/ Monthly | Mode of compounding of interest Weekly restMonthly rest Quarterly rest Half Yearly rest Yearly rest | Instalment amount | Effective rate of interest (including interest,insurance and all other charges payable by the borrower) | |
| Total number | So far paid | ||||
| 11 | 12 | 13 | 14 | 15 | 16 |
| E. | Area of Operation: Currently operating or assigned to operate during the year |
| SI. No. | Village/ slum | Mandal/Town | Name of the functionary /supervisor | Name of the branch of Micro Finance Institutionservicing the area | Number of existing borrowers |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Date:Place: | Signature of the CEO. |
1. Act in conFormity with all the provisions of the Act.
2. Not seek any security from a borrower by way of pawn, pledge or other security for the loan.
3. Not levy any hidden charges by any name or in any Form, in the name of insurance, application fee, processing fee, recovery fee and the like -except the interest rate duly disclosed to the borrower.
4. Display the rates of interest charged in a conspicuous place in the Registered Office, Head Office and all Branch Offices in bold letters visible to members of the public.
5. Not collect interest in respect of any loans advanced an amount in excess of the principal amount under different names.
6. Not resort to further loaning to an Self Help Group or its members having an outstanding bank loan without prior approval in writing from the Registering Authority.
7. Furnish and update the details of the borrowing Self Help Group group members and other inFormation in manner laid down under these Rules.
8. Not deploy any agents for recovery nor shall use any other coercive action.
9. Maintain the statutory records as per the Act and to cooperate with any officers acting under the provisions of the Act.
10. Not carry out any money lending activity outside the area mentioned in the Form 1.
11. Not to recover any loan not disclosed in Form 1.
CertificateThis is to certify that the particulars stated above are true and correct to the best of my knowledge and belief and no inFormation has been knowingly or unwittingly suppressed.I understand that any violation of any of the above conditions of undertaking will result in cancellation of Registration as laid down in the Act and the Rules.| Date:Palce: | Signature of the CEO. |
1. Name of the Micro Finance Institution:
2. Registration Number:
3. Area of operation: Urban/rural
4. List of villages/wards permitted for operation (enclosed):
5. Date of issue of Registration:
6. Date of expiry of the Registration:
This Registration can be cancelled prior to the period of expiry in accordance with the Section 5 of the Act and as laid down in the Rules issued thereunder.This Registration shall not be transferable or assignable to any other person or Organisation. Given under my hand and seal on this....................day of...........20...Registering Authority,..............District.Form 4(Rule 8)Prescribed Format for application for renewal of registration| 1 | Name of the Micro Finance Institution /Organization : | |
| 2 | Nature of the Organization : | |
| (Company/Partnership Firm/Society/NBFC/Co-Operative Society/Money Lender/HUF/Proprietary Firm / Others Specify) | ||
| B. Details of incorporation. | ||
| 1 | Whether Incorporated or not : | |
| 2 | Date of incorporation: | |
| 3 | Place of Incorporation: | |
| 4 | Reference number of Incorporation: | |
| 5 | Present Address of the registered office: | |
| 6 | Details of persons connected with andresponsible For the day-to-day control, business and Managementof the Micro Finance Institution: |
| S.No | Name of the person | Designation | Official address | Residential address | Contact number | Email Address |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| C. Details of Organization at District Level | ||
| 1 | New Micro Finance Institution or Existing Micro Finance Institution | |
| 2 | List of the office(s) of the Micro Finance Institution in the district: |
| S.No. | Name of the branch | Office Address | Name of the head of the branch operations | Contact number | Email address |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 3 | Names and details of employees deployed in the district. |
| SI. No. | Name | Designation | Residential Address | Contact No | EPF Code | Area allocated for operation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| SI.No. | Name of the Borrower/ Father/ Husband | Ration Card No. | Village/Ward/slum | Mandal/Town | Name of the Self Help Group belonging to | Amount of loan given | Purpose for loan | Amount realized so far towards | |
| Principal | Interest | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Number of Instalment's for repayment | Periodicity of payment Daily/ Weekly/Fortnightly/ Monthly | Mode of compounding of interest Weekly restMonthly rest Quarterly rest Half Yearly rest Yearly rest | Instalment amount | Effective rate of interest (including interest,insurance and all other charges payable by the borrower) | |
| Total number | So far paid | ||||
| 11 | 12 | 13 | 14 | 15 | 16 |
| SI. No. | Village/ slum | Mandal/Town | Name of the functionary /supervisor | Name of the branch of Micro Finance Institutionservicing the area | Number of existing borrowers |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Date:Palce: | Signature of the CEO. |
1. Act in conFormity with all the provisions of the Act.
2. Not seek any security from a borrower by way of pawn, pledge or other security for the loan.
3. Not levy any hidden charges by any name or in any Form, in the name of insurance, application fee, processing fee, recovery fee and the like-except the interest rate duly disclosed to the borrower.
4. Display the rates of interest charged in a conspicuous place in the Registered Office, Head Office and all Branch Offices in bold letters visible to members of the public.
5. Not collect interest in respect of any loans advanced an amount in excess of the principal amount under different names.
6. Not resort to further loaning to an Self Help Group or its members having an outstanding bank loan without prior approval in writing from the Registering Authority.
7. Furnish and update the details of the borrowing Self Help Group group members and other inFormation in manner laid down under these Rules.
8. Not deploy any agents for recovery nor shall use any other coercive action.
9. Maintain the statutory records as per the Act and to cooperate with any officers acting under the provisions of the Act.
10. Not carry out any money lending activity outside the area mentioned in the Form 1.
11. Not to recover any loan not disclosed in Form 1.
CertificateThis is to certify that the particulars stated above are true and correct to the best of my knowledge and belief and no inFormation has been knowingly or unwittingly suppressed.I understand that any violation of any of the above conditions of undertaking' will result in cancellation of Registration as laid down in the Act and the Rules.| Date:Palce: | Signature of the CEO. |
1. S.No.:
2. Registration No. :
3. Name of the Micro Finance Institution :
4. Incorporation details :
5. Address of the Head office ;
6. Address of the Head Office in the District :
7. Area of Operation :
8. Name Micro Finance Institution Employees of the village/slum :
9. No of the loans given in the village/slum :
10. Effective Rate of Interest :
11. Date of Expiry of Registration Certificate:
Registering Authority.Form 6Discharge of loans(Rule 16)Proceedings of the Registering AuthorityPresent:________________________Whereas it has come to the notice of the Registering Authority that (state the name of the Micro Finance Institution) has given a loan to (Name of the borrower) of ( L ..........) repayable in instalment's at (effective interest rate)And the said borrower has repaid L ............................. being the principal and the interest thereon,Now the interest having exceeded the principal amount, in accordance with the provisions of Section 9 of the Act, the following orders have been issued:1. The loan stated above taken from the said Micro Finance Institution by the said borrower stand discharged and the said Micro Finance Institution shall not recover any further amounts from the borrower.
2. The said Micro Finance Institution shall return (Rs. ____________ ) being the interest portion that exceeded the principal amount to the borrower within 15 days from the date of this order.
Further the said Micro Finance Institution shall take note that any attempt to recover the loans as discharged in the above manner shall an offence under Section 18 of the Act for which the Registration of the said Micro Finance Institutions would be liable for cancellation as per Section 5 of the Act.Registering Authority.ToThe Representative of the Micro Finance Institution.The Borrower.The Village Organisation/Slum Level Federation.Form 7(Rule 18)Prescribed Format to get prior Approval to advance loan to Self Help Group Member| Name of the Micro Finance Institution: | Registration Number: |
| Name of the Borrower & Name of the SHG womanrelated to the borrower. | Name of the Self Help Group | Bank Form which Loans has been obtained by theSelf Help Group | Date of the loans granted by the Bank | Amount paid to the Self Help Group by the Bank | Amount due from the Self Help Group | Fresh amount of loan sought by the Self HelpGroup from the Micro Finance Institution | Rate of Interest | Instalment amount | Purpose of the loan | Periodicity of the loan repayment |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| Details of other loans of the borrowers | |||||||||
| Total no of instalment's | Anticipated additional monthly income to themember | Details of due diligence done | Name of the Lender | Amount Borrowed | Date of loan | Rate of interest | EMI | Amount repaid so far | Outstanding loans |
| 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| Seal: | Sd/- Registering Authority. |
1. Name of the borrower :
2. Amount sanctioned :
3. Date of the sanction :
4. Effective rate of interest (to include all charges) :
5. No of instalment's :
6. Periodicity of the repayment (monthly/quarterly/half-yearly):
7. Equated instalment amount (Rs. )
8. Purpose of the loan :
9. Name and address of the Micro Finance Institution functionary :
Please arrange to return the duplicate copy of this letter duly signed for having accepted the above conditions.| Seal | Sd/- (Authorized signatory of Micro Finance Institution). |
| Name of the borrower | Name of Self Help Group | Village / slum | Mandal/ Town | Sanctioned amount | Date of Sanction |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Purpose of the loan | Repayment frequency | Number of instalment's | Equated instalment | Amount so far repaid | Outstanding |
| (7) | (8) | (9) | (10) | (11) | (12) |
1.
2.
3.
You are hereby summoned to appear before the Registering Authority in person on the day of............... 20. at........ O'clock at............. (place), to submit your reply; and you are further directed to produce on that day all the documents upon which you intend to rely in support of your defense.Take notice that, in default of your appearance of the day before mentioned, the mater will be heard and determined in your absence.Given under my hand and the seal of the Court, this day of 20.............................| Seal | Registering Authority. |