BIHAR MONEY LENDERS RULES, 1977[1] In exercise of the powers conferred by
Section 47 of the Bihar Money-Lenders Act, 1974 (Bihar Act 22 of 1975), the
Governor of Bihar is pleased to make the following Rules, namely:- CHAPTER I PRELIMINARY. (1)
These Rules may be called the Bihar
Money-Lenders Rule, 1977. (2)
They shall come into force at once. In these Rules unless there is
anything repugnant to the subject or context.- (a)
"Act" means the Bihar Money-Lenders
Act, 1974 (Bihar Act 22 of 1975); (b)
"From" means a Form set out in the
Schedule to these Rules; (c)
"Section" means a Section of the
Act; and (d)
all words and expressions used in these Rules
and not defined in Rules but defined in the Act shall respectively have the
same meanings as are assigned to them in the Act. CHAPTER II PROCEDURE REGARDING PERSONAL SERVICE OF
NOTICE OR ORDER (1)
Unless otherwise provided in the Act any notice
or order required to be served upon any person shall be served by sending a
copy thereof, duly signed and sealed, by the registered post with
acknowledgement due, to the person or his duly authorised agent on whom such
notice or order is to be served. (2)
The posting of the notice or order shall be
sufficient proof of the service of such notice or order on the person
concerned. (3)
Where the person to be served with a notice
or order under the Act is a minor or a person of unsound mind, the service
shall be made in the aforesaid manner on the guardian of such minor or person
of unsound mind, as the case may be. CHAPTER III MAINTENANCE OF REGISTERS REGISTRATION FEE The Register of Money-lenders to be
maintained by the Anchal Adhikari or such other officer appointed by the State
Government by notification published in the Official Gazette in this behalf
under sub-section (1) of Section 4 shall be in Form M.L. - 1 appended to these
Rules. The form of application for
registration as money-lender shall be in Form M.L. 2 appended to these Rules. The following registration fee shall
be payable by applicants for registration as money-lenders:- (i)
where the money-lender carries on money
lending business for a sum not exceeding five thousand rupees in one calendar
year-Rupees ten; (ii)
where the money-lender carries on money
lending business for a sum exceeding five thousand rupees but not exceeding ten
thousand rupees in one calendar year-rupees fifteen; (iii)
where the money-lender carries on money
lending business for a sum exceeding ten thousand rupees but not exceeding
fifteen thousand rupees in one calendar year- rupees twenty; and (iv)
where the money-lender carries on money
lending business for a sum exceeding fifteen thousand rupees in one calendar
year-rupees twenty-five. On receipt of application in Form M.L.
- 2 for grant of Certificate for carrying on money lending business, the Anchal
Adhikari shall verify, or shall get verified, the correctness of the
particulars furnished in the application by the applicant and shall thereafter
grant a registration certificate in Form M.L. 3. The Collector will examine and inspect
all documents and records maintained by a money-lender at least once in a
calendar year. CHAPTER IV RESUMPTION OF LAND BY MORTGAGOR UNDER
SECTION 12 (1)
On the expiry of the period of mortgage as mentioned
in Section 12 of the Act, the mortgagor shall send a notice in Form M.L. - 4 by
registered post with acknowledgment due requiring the mortgagee to deliver
possession of the mortgaged property within thirty days from the date of
notice. (2)
A copy of the notice shall also be sent by
registered post with acknowledgment due by the mortgagor to the Anchal Adhikari
within whose jurisdiction the mortgaged property is situated. (1)
If on the expiry of the period of notice in
Form M.L. - 4, the mortgagee fails or refuses to deliver possession of the
mortgaged property to the mortgagor, the mortgagor shall file an application in
Form M.L. - 3 to the Collector within whose jurisdiction the mortgaged property
or any part thereof is situated, to eject mortgagee from the mortgaged
property. (2)
The application shall bear a court-fee stamp
of such value as may be payable for it under the Court Fees Act, 1870 (Act VII
of 1870) for the time being in force for an application and shall be
accompanied with the form of the notice duly filled in Form M.L. - 6 in
triplicate. (3)
On receipt of application from the mortgagor
for ejecting the mortgagee the Collector shall issue a notice in Form M.L. - 6
to the mortgagee or his legal representative to show cause within thirty days
from the date of issue of notice as to why the mortgagor should not be put in
possession of the land. (4)
If no cause is shown on or before the date
specified in the notice or by such other date as may be extended by the
Collector or if the cause shown is, in the opinion of the Collector, not
satisfactory, he shall pass an order in writing to eject the mortgagee from the
mortgaged property and put the mortgagor in possession and for that purpose he
may use such force as may be necessary: Provided that the Collector shall not
in any case extend the time by more than thirty days: Provided further that the Collector
shall dispose of the proceeding under this rule within three months from the
date of receipt of the petition. (5)
The delivery of possession will be effected
in the manner prescribed for the purpose in the Code of Civil Procedure, 1908
(Act V of 1908). CHAPTER V CONCILIATION PROCEEDINGS (1)
On the publication of the notification under
Section 23 of the Act constituting a Conciliation Board, the Collector shall
ask the parties to the dispute to nominate a person to represent the parties
concerned in the dispute on the Conciliation Board and also ask the parties to
nominate a common person who shall act as Chairman of the Board, within seven
days of order. (2)
If on the expiry of the period of seven days
from the date of the order under sub-rule (1), the parties do not nominate
their representatives or do not agree on any person to be nominated as Chairman
of the Board, the State Government shall on the recommendation of the Collector
of the district nominate two persons to represent the parties as provided in
Section 24 of the Act and also an officer not below the rank of Sub-Deputy
Collector to be the Chairman of the Board and thereupon the Collector shall ask
the parties to indicate within seven days of the order whether they have any
objection of the nomination on the ground that any of the person nominated has
any connection with the dispute or with any of the parties directly affected by
the dispute. (3)
The party raising the objection shall be
heard by the Collector of the district and if the objection is found to be
valid, the State Government shall on the recommendation of the Collector,
nominate the name of other persons to be the Chairman of the Board or to
represent the parties as the case may be; the order of the Collector of the
district shall be final and there shall be no appeal against it. (4)
On the expiry of the period of seven days
from the date of the order under sub-rule (2), if no objection has been raised
by them or if an objection raised has been disallowed after hearing the parties
under sub-rule (3) the State Government shall on the recommendation of the
Collector of the district appoint the person nominated as the Chairman of the
Board or the representative of the parties as the case may be. (5)
On the appointment of the Chairman under
sub-rules (1) or (4), as the case may be, the State Government shall issue a
notice to the person appointed as Chairman and the members of the Board to
indicate, within a period of seven days from the date of the notice, whether
their services will be available. If the State Government finds that, for valid
reasons shown in reply to the notice issued and after hearing the person, where
considered necessary, the services of a person will not be available to act as
the Chairman or the members representing the parties, as the case may be, the
State Government shall take further action under sub-rules (1) or (4) as may be
appropriate. (6)
If within the time stipulated under sub-rule
(5) no reply to the notice is received or no valid reason is shown for
inability to serve the Board, the State Government shall, on the recommendation
of the Collector of the district appoint the Chairman and the members of the
Board. (1)
If the services of the Chairman or any of the
members cease to be available before the Board has completed its work, the
State Government will initiate action under sub-rule (1) or (4) or (5) or (6)
of Rule 11 as may be appropriate, and may reconstitute the Board with a new
Chairman and member or members as the case may be. (2)
If a member of the Board fails to attend the
meeting of the Board on two successive dates without showing cause to the
satisfaction of the Chairman, the Chairman shall give intimation in this behalf
to the State Government, and the State Government may then ask the Collector of
the district to forward name or names of persons for being appointed as members
of the Board. The State Government shall thereupon appoint to the Board one of
the persons so recommended, as the member in place of the member who had failed
to attend the meetings of the Board on two successive dates. Where the Board has not succeeded in
bringing about an amicable settlement of the dispute, the Chairman of the Board
shall issue a written notice to the parties concerned in Form M.L. - 7 to
appear before the Board on such date, time and place as may be specified in the
notice, for hearing and take such evidence as he deems necessary. (1)
The records of the Conciliation Board shall
contain the following particulars:- (i)
the order constituting the Board; (ii)
written statements filed by the parties to
the dispute, if any; (iii)
memorandum of evidence of each witness, if
any; (iv)
documents produced by the parties to dispute
in support of their case, if any; and (v)
decision of the Board (2)
The Board will give its decision within three
months from the date on which the dispute has been referred to it, or such
further period as the State Government may extend. (3)
The decision of the Board shall contain- (i)
the facts of the case, (ii)
the points of reference and issues involved. (iii)
the findings of the majority on each point of
reference and each issue and not of dissent, if any, and (iv)
the order of the Board. (4)
The Chairman shall forward the decision of
the Board to the Civil Court of competent jurisdiction. (5)
The Court shall thereupon pass a decree in
terms of the decision. (6)
The decree passed under sub-rule (5) may be
executed as a decree passed by a Civil Court in a suit. CHAPTER VI CANCELLATION OF REGISTRATION CERTIFICATE (1)
Immediately on receipt of report under
sub-section (1) of Section 33, the Collector of the district will issue a
notice in Form M.L. 8 to the money-lender to show cause by a date to be
specified in the notice not exceeding 15 days from the date of service thereof,
as to why his registration certificate should not be cancelled. (2)
If no cause is shown on or before the period
specified in the notice or such other date as may be extended by the Collector,
or if the cause shown is, in the opinion of the Collector, not satisfactory, he
shall pass an order in writing cancelling the registration certificate for a
period specified in the order not exceeding five years with effect from such
date as may be specified in the order. (3)
A copy of the order duly signed and sealed
shall be sent by registered post with acknowledgment due to the Anchal
Adhikari, who granted the certificate with a period of three days from the date
of the order and thereupon the Anchal Adhikari shall make endorsement of
cancellation in the Register of Money-lenders and inform the money-lender about
such cancellation by registered post with acknowledgment due. (1)
If no application is made by the money-lender
under sub-section (4) of Section 37 of the Act within three days from the date
of the service of the notice as mentioned in sub-section (3) of Section 37 of
the Act, the Court shall make a report to the Collector. (2)
The Collector shall, as soon as possible make
an application to the court praying for payment to him of the amount in deposit
and the court shall, thereupon, order payment of the amount to him. (3)
The Collector shall on receipt of the amount
deposit the same in the account of Government as unclaimed money. CHAPTER VII MISCELLANEOUS Save as otherwise provided in these Rules, appeal or application for
revision under the Act shall bear court fee stamp of such value as may be
payable for it under the Court-Fees Act, 1870 (Act VII of 1870) for time being
in force in the State of Bihar. Anything done or any action taken in the exercise of the powers
conferred by or under the Bihar Money-Lenders Rules, 1975, shall be deemed to
have been done or taken in exercise of the powers conferred by or under these
Rules as if these Rules were in force on the day on which such thing was done
or action was taken.BIHAR MONEY LENDERS RULES, 1977
PREAMBLE