In exercise of the
powers conferred by section 39 of the Bombay Money-lenders Act, 1946 (Bom. XXXI
of 1947), read with section 2 of the Bombay Money-lenders (Unification and
Amendment) Act, 1959 (Bom. L of 1959), the Government of Bombay hereby makes
the following rules, namely: (1)
These
rules may be called the Bombay Money-lenders Rules, 1959. (2)
They
extend to the whole of the State of Bombay. In these rules, unless there is anything
repugnant in the subject or context - (a)
“Act”
means the Bombay Money-lenders Act, 1946; (b)
“Form"
means, a form appended to these rules; and (c)
“Section”
means a section of the Act. The register of money-lenders required to be
maintained under section 4 shall be in Form No. 1. Every Assistant Registrar shall display on a
notice board in his office a list of money-lenders licensed to carry on the
business of money-lending in the area under his jurisdiction. Such list shall
contain the addresses of the money-lenders. (1) A money-lender
desiring to carry on the business of money-lending in any area shall make an
application in Form No. 2 to the Assistant Registrar concerned. The application
shall be delivered at the office of the Assistant Registrar during office hours
either personally by the applicant or through an agent authorised in writing in
this behalf or sent by registered post addressed to the Assistant Registrar. (2)
An
application for the grant of a licence for the first time may be made on any
date and an application for renewal of licence may be made on any date within
three months prior to the expiry of the licence. If during the currency of a licence a new
partner is taken up or a person is appointed as responsible for the management
of the business of money-lending, the money-lender shall, within seven days,
communicate to the Registrar the name of the partner so taken up or of the
persons so appointed; and shall satisfy the Registrar that the new partner or
the person appointed is not himself disqualified from holding a licence on any
of the grounds mentioned in section 8. A money-lender shall communicate [1][*
* *] any change in his address giving full details of the new address within
seven days of such change [2][to
the Registrar [3][*
* *]. On the receipt of an application for the
grant or renewal of a licence, the Assistant Registrar shall make a summary
inquiry under section 7 by examining the applicant or person responsible for
the management of the business of money-lending or such other persons as he may
deem fit, by calling for such information from the applicant as he considers
necessary and by inspecting or causing to be inspected such accounts and
documents as he may deem fit in order to satisfy himself about the bona fides,
and conduct of the applicant. If from the examination made or information
supplied, the Assistant Registrar is not so satisfied, he may take further
steps to satisfy himself. The Assistant Registrar shall maintain a record of
such inquiry and shall sign below the same. The record shall contain a brief
memorandum of the substance of evidence taken and a summary or the conclusions
regarding the facts elicited during the inquiry.][4] The licence under section 7 shall be in Form
No.3. [5][ * * *] [6][The licence
fee [7][as
provided by] under section 6 shall be paid in cash at the time of presenting
the application or by remitting it by postal money-order addressed to the
Assistant Registrar or by crediting to Government account at a treasury,
sub-treasury or the Reserve Bank of India, Bombay, and forwarding the receipt
of the postal money-order or the receipted chalan to the Assistant Registrar
along with the application. [8][* * *] [9][* * *] (1) On the receipt of an
application for the renewal of a licence, the Assistant Registrar to whom the
application has been made shall call upon the applicant to produce his accounts
for inspection. He shall then assess the inspection fee payable under section
9-A in respect of inspection of books of accounts and call upon the applicant
to pay the inspection fee in the manner prescribed in rule 10. The inspection
fee shall be paid within ten days of the receipt of the order in this behalf by
the applicant or within such further period not exceeding thirty days in the
aggregate of the receipt of the order as the Registrar may grant in that
behalf. (2)
The
Registrar may suo motu or on an application made in that behalf revise the order
of assessment made under sub-rule (1) if he thinks fit. If a Registrar, refuses to grant a licence,
he shall communicate to the applicant his reason for so doing. (1) An appeal under
sub-section (3) of section 8 or 8-A against the order of a Registrar refusing
to grant or cancelling a licence shall be instituted within thirty days from
the date on which the order of refusal or cancellation is communicated to the
money-lender. Such appeal shall be accompanied by a certified copy of the order
appealed against and shall contain in brief the grounds of the appeal. (2)
The
Registrar General shall decide the appeal after hearing the appellant or his
pleader, as the case may be. Every money-lender shall exhibit his licence
in a prominent place on the premises where he carries on the business of
money-lending. He shall also exhibit outside his premises a signboard showing
(i) the name in which the business of money-lending is carried on and (ii) the
number of his licence : Provided that, the Registrar General or the
Registrar of money-lenders may subject to the general or special order of the
State Government, exempt any money-lender from the operation of all or any of
the provisions of this rule. (1) When a licence
granted to a money-lender is lost, destroyed or torn or otherwise defaced in
such a manner as to render it illegible, the money-lender may make an
application to the Registrar for the grant of a duplicate licence. (2)
Where
a duplicate licence is required on the ground that the original licence is torn
or defaced, the money-lender shall surrender the original licence to the
Registrar along with the application made under sub-rule (1). (3)
An
application under sub-rule (1) shall be accompanied by a fee of Re. 1. The fee
shall be paid in the manner prescribed in rule 10. (4)
On
receipt of such application, if the Registrar after making such inquiry as may
be deemed necessary is satisfied that a duplicate licence may be issued to the
money-lender, he shall issue a duplicate licence and direct the Assistant
Registrar to make a note of the issue of such a duplicate licence to the
money-lender against his name in the register. (5)
The
duplicate licence so issued shall bear on its face the number and date of the
original licence and shall also bear the word “Duplicate". Where the property pledged by a debtor to the
money-lender is taken in his custody by the Registrar under section 13-B and
the debtor or his known heirs cannot be traced, the Registrar shall, within ten
days from the date on which the property has come into custody, publish a
notice in Form 3-A for three consecutive days in atleast two newspapers one of
which shall be in Marathi, in circulation within the jurisdiction of the
Registrar inviting to the said property.][10] The cash book and ledger to be maintained by
a money-lender under sub-section (1) of section 18 shall be either in Form Nos.
4 and 7 respectively or in Form Nos. 5 and 6 respectively. The statement under
clause (a) of sub-section (2) of section 18 shall be in Form No. 8. The
receipts under sub-sections (3) and (4) of section 18 shall be in Form Nos. 9
and 10 respectively. Every money-lender shall open a capital
account in Form No. 11 for the purposes of section 9-A. (1)
The
annual statement of accounts to be delivered by a money-lender to each of his debtors
under sub-section (1) of section 19 shall be in Form No. 12. (2)
The
statement shall be furnished to each of the debtor within sixty days after the
close of the year for which the accounts of the money-lender are ordinarily
maintained : Provided that, the Registrar may, on the
application of the money-lender extend such period in the aggregate to not more
than ninety days after the close of such year, if the money-lender proves to
the satisfaction of the Registrar that he was unable to furnish the statements
for some reasonable cause and that not less than two-thirds of the total number
of statements will be furnished within the said sixty days. (3)
The
fee to be paid by a debtor to a money-lender for supplying a statement of
accounts under sub-section (2) of section 19 shall be fifty Naya Paise. (4)
The
expenses to be recovered from a debtor for supplying copies of documents by a
money-lender under sub-section (3) of section 19 shall be according to the
following scale: For copying 100 words or fraction thereof -
Six nP. For copying 100 words or fraction thereof of
tabular statement - Twelve nP. Cost of paper - Two nP. per sheet of foolscap
size. (1)
The
rate of fees recoverable under sub-section (2) of section 19A shall be - (a)
twelve
nP. for each statement or a copy thereof supplied under sub-section (2) of
section 18 and sub-section (1) of section 19, and (b)
fifty
nP. for each pass-book containing not less than eight pages excluding cover
pages supplied under sub-section (2) of section 18 and sub-section (1) of
section 19. (2)
The
amount on account of such fees shall be shown separately in debtor's amount. The pass-book mentioned in sections 18 and 19
shall be either in Form No. 13 or in Form No. 14. The notice to be given to an assignee under
clause (a) the statement of information to be supplied to an assignee under
clause (b) and the notice to be given to the debtor under clause (c), of
sub-section (1) of section 27, shall be in the Form Nos. 15, 16 and 17
respectively. The application to be made by a debtor under
sub-section (1) of section 30 shall be in Form No. 18 and shall be accompanied
by a court-fee of Re. 1. (1)
Any
party to any application, inquiry, or appeal under the Act before the Assistant
Registrar, Registrar or Registrar-General or any person who is interested in
such application, inquiry or appeal may apply to the Assistant Registrar,
Registrar or Registrar-General, as the case may be, for a copy of any document
in the record of such application, inquiry or appeal. (2)
The
application shall be accompanied by deposit of an amount to cover the cost of
preparing copies according to the following scale of copying fees, namely :- (a)
In
the case of English copies, 5 nP. for every 25 words or fraction thereof; (b)
In
the case of copies in regional languages, 5 nP. for every 33 words or fraction
thereof; (c)
In
the case of certified copies, an additional 5 nP. for 100 words or fraction
thereof for comparing; (d)
In
the case of documents in tabular forms, twice the ordinary rate: Provided
further that, a surcharge of 55 per cent, shall be levied on all copying,
comparing and translation fees and added to the total charges for the
preparation of certified copies; (e)
When
the description of the document given in the application is incorrect or
deficient, and it shall in consequence be necessary for the Record-keeper to
search his records in order to find it, a fee at the rate of one rupee for each
year, of which the records are searched, shall be payable by the applicant for
such search, whether the document be found or not and whether the copy for
which he applies, on examination of the said document, be granted or not. (3)
The
amount calculated according to the above scale shall be retained by the
Assistant Registrar, Registrar or Registrar-General to whom the application for
grant of copies is made, as copying fees and the surplus amount, if any,
deposited by the person applying for copies shall be refunded to him at the
time of supplying the copy; provided that the person applying for copies shall,
if the amount deposited by him is not sufficient to cover copying fees, pay the
deficit before taking delivery of the copy. The summons to be issued for enforcing the
attendance of any person under section 13 in connection with an inquiry under
section 7 shall be in Form No. 19 or 20 as the case may be. [11][* * *] The Bombay Money-lenders Rules, 1947 and any
other rules corresponding thereto made under the Central Provinces and Berar
Money-Lenders Act, 1934, the Central Provinces and Berar Protection of Debtors
Act, 1937, the Money-lenders Act, 1949 (Fasli), the Hyderabad Money-lenders
Validity of Licences Act, 1956 or the Bombay Money-lenders Act, 1946 as applied
to the Kutch area (hereinafter referred to as “the said rules") are hereby
repealed : Provided that, anything done or any action
taken under the said rules shall, so far as it is not inconsistent with these
rules, be deemed to have been done or taken the corresponding provision of
these rules, as if the said provisions was in force when such thing was done or
such action was taken, and shall continue in force accordingly, unless and
until superseded by anything done or action taken under these rules. [1]
Omitted by G.N. of 29.7.1976. [2]
Inserted ibid. [3]
Omitted by G.N. of 28.7.1977. [4]
Substituted by G.N. of 29.7.1976. [5]
Omitted by G.N. of 29.7.1976. [6]
Inserted by G.N. of 29.7.1976. [7]
Inserted by G.N. of 29.7.1976. [8]
Omitted by G.N. of 29.7.1976. [9]
Omitted by G.N. of 28.7.1977. [10]
Omitted by G.N. of 28.7.1977. [11]
Inserted by G.N. of 29.7.1976.BOMBAY MONEY-LENDERS RULES, 1959
PREAMBLE