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MADHYA PRADESH MONEYLENDERS (AMENDMENT) ACT, 2020

MADHYA PRADESH MONEYLENDERS (AMENDMENT) ACT, 2020

THE MADHYA PRADESH MONEYLENDERS (AMENDMENT) ACT, 2020

[Act No. 16 of 2020]

[25th September, 2020]

PREAMBLE

An Act further to amend the Madhya Pradesh Moneylenders Act, 1934.

Be it enacted by the Madhya Pradesh Legislature in the seventy first year of the Republic of India as follows:--

Section 1 - Short title

This Act may be called the Madhya Pradesh Moneylenders (Amendment)) Act, 2020.

Section 2 - Amendment of section 2

In Section 2 of the Madhya Pradesh Moneylenders Act, 1934 (No. 13 of 1934) (hereinafter referred to as the principal Act), in clause (vii), after sub-clause (d), the following sub-clause shall be inserted, namely:--

"(da) a loan advanced by a "non-banking financial company" as defined in Section 45-I(f) of the Reserve Bank of India Act, 1934, (No. 2 of 1934),".

Section 3 - Insertion of section 2-B

After Section 2-A of the principal Act, the following section shall be inserted, namely:--

"2-B. Limit of interest.--

No moneylender shall charge interest more than the rate notified by the State Government from time to time.".

Section 4 - Renumbering of section 11-FF and insertion of new section 11-FF

Section 11-FF of the principal Act shall be renumbered as Section 11-FFF and before Section 11-FFF as so renumbered, the following new section shall be inserted, namely:--

"11-FF. Loan by unregistered moneylenders shall not be recoverable in certain conditions.--

Notwithstanding anything contained in any other law for the time being in force, any loan advanced to any person by a moneylender not registered under section 11-B shall not be recoverable in any court of law unless at the time of filing the suit the moneylender held an effective registration and the court is satisfied that the loans advanced were in compliance with Section 2-B.".

Section 5 - Amendment of section 11-FFF

In Section 11-FFF as so renumbered of the principal Act, in marginal heading and in provision, for the word, figure and letter "section 2-A" wherever they occur, the words, the figures and letters "section 2-A, section 2-B" shall be substituted.