PUNJAB REGISTRATION OF MONEY LENDERS RULES, 1939

Rule 1. Short title.

(1)     These rules may be cited as the Punjab Registration of Moneylenders Rules, 1939. Definition.

(2)     In these rules, unless there is anything repugnant in the context, "Act" means the Punjab Registration of Money-lenders Act, 1938.

Rule 2. Registration of Money-lenders. [Section 4].

Application for registration under section 4 of the Act shall be made, in the annexed form A, to the Collector of the district where the applicant has his residence, or, if he has no residence in [1][Haryana], where he has his principal place of business in the [2][State].

Rule 3. Fee for registration. [Section 4].

Application for registration shall bear the court fee prescribed in article 1(b) of Schedule II of the Court Fees Act, 18,70, and shall be signed and verified by the applicant in the manner provided in Order VI; Rules 14 and 15 of the First Schedule to the Code of Civil Procedure, 1908 for plaints in suits.

Rule 4. Registration on behalf of firms. [Section 4].

An application for registration on behalf of a firm shall be signed by all the persons constituting the firm or their representatives duly empowered or in the case of a minor by the person representing him in the business. Provided that no application shall be entertained which does not bear the personal signature of at least one member of the applicant firm.

Rule 5. Manner of presentation of application for registration. [Section 4].

Every application for, registration shall be presented by the applicant personally or through a duly authorised agent: Provided that where there are more applicants than one, any one of them may present it.

Rule 6. Deposit of fee for registration- [Section 4].

(1)     The Collector shall, if the application for registration is in order (or if it is not in order after getting the necessary corrections made therein), and if he finds after making such inquiries as he considers necessary that the grant of the application will not offend against any order made under section 6 of the Act, direct the applicant to deposit [3][within a period of one month] in the Government treasury a sum representing the fee prescribed in section 4 of the Act.

(2)     After the applicant has deposited the fee in the Government treasury and produced the receipt therefor, the Collector shall direct the money- lender's name to be registered.

[4][(3) If the applicant does not deposit the fee within the prescribed period his application shall be consigned to the General Record Room, and he shall submit a fresh application for registration].

Rule 7. Issue of certificate on registration. [Section 4].

On registration of the applicant's name under the preceding rule the Collector shall issue a certificate to him in form B annexed.

Rule 8. Grant of licence. [Section 5].-

No licence shall be granted under section 5 unless the applicant has been registered under section 4 of the Act.

Rule 9. Renewal of licences. [Section 5].

(1)     Applications for the grant of renewal of licences shall be made to the Collector mentioned in rule 2 in form C annexed.

(2)     The provisions of rule 3 above in regard to verification and to the payment of court fee shall be equally applicable to applications for the grant or renewal of licences under the preceding sub-rule.

(3)     In the case of a firm any adult member, or the guardian of a minor member, may make an application for a licence on behalf of the firm.

Rule 10. Affidavit for the grant/renewal of licences. [Section 6].

Every application for the issue or renewal of a licence shall be accompanied by an affidavit stating whether any court has since the making of the last application (if any) made any order in relation to the applicant in regard to any of the matters mentioned in section 6 of the Act.

Rule 11. Fee for the grant/renewal of licences. [Section 13 (2)(b)]-

After making such inquiries as he thinks necessary, the Collector shall, if he finds that there is nothing to debar the grant or renewal of the licence, direct the applicant to deposit [5][within a period of one month] in the Government treasury a sum representing the fee prescribed in rule 12.

Rule 12. Scale of fees. [Section 13(2)(b)].

(1)     [The fees for grant or renewal of licences shall be as under :-

(a)      For the grant of licence for the district in which the money-lender is first registered-

(i)       if the application is submitted within one month Five rupees a year. from the date of registration of his name

(ii)      if the application is submitted thereafter. Seven rupees a year.

(b)      For the renewal of licence for the district in Three rupees a year. which the money-lender is first registered.

(c)      For the grant [6][or renewal of] licence for every Two rupees a year subject to a maximum of other district to which validity of the licence may fifteen rupees a year (including the initial fee) be extended for the whole [7][State].

(2)     The fee for the issue of a duplicate copy of a registration certificate or of a licence, in event of the loss of the original document, shall be one rupee for each duplicate copy][8].

Rule 13. Grant of licence. [Section 5].

(1)     After the applicant has deposited the prescribed fee in the Government treasury and has produced the treasury receipt therefor, the Collector shall issue a licence in form D annexed.

[9][(2) If the applicant does not deposit the fee within the prescribed period his application shall be consigned to the General Record Room and he shall submit a fresh application for the grant of a licence.]

Rule 14. Renewal of licence. [Section 5].

An application for the renewal of a licence shall be made not less than one month before its expiry : Provided that the Collector may for sufficient reasons condone a delay not exceeding one month on payment of a penalty of two rupees.

Rule 15. Maximum period for which licence may be issued/renewed. [Section 5].-

A licence may be issued or renewed for a period not exceeding three years at one time, on pre-payment by the applicant of the full fees for the period.

Rule 16. Licences ordinarily valid for the District. [Section 5].

Licences shall ordinarily be made valid for the district of issue only, but it shall be open to the Collector after making such inquiries as he considers necessary from the Collector of any other district, to extend the validity of a licence so as to include the area of that district.

Rule 17. Service of notice. [Section 7(1)].

Notices issued under the proviso to sub-section (1) of section 7 of the Act shall be in form E annexed, and shall be served in accordance with the procedure laid down in Order V of the First Schedule to the Code of Civil Procedure for the service of summons.

Rule 18. Cancellation of licence. [Section 7].

As soon as any order is made by the Collector for the cancellation of a licence the money-lender shall surrender the same, and the Collector shall endorse thereon the word "Cancelled" in red ink under his signature with the date of so doing.

Rule 19. Publication of cancellation of licence. [Section 6].

(1)     The cancellation of a licence by a Collector under section 6 of the Act shall be published in the Haryana Government Gazette, and any order made in appeal or review for the restoration of a licence shall be published in the same way.

(2)     Intimation of all orders referred to in the preceding sub-rule shall also be given by the authority making the order to the District Judge of every district in which the licence is operative, with the request that the substance of the order be communicated to all the subordinate civil courts.

Rule 20. Appeals. [Section 11].

(1)     Every appeal against an order of a Collector under section 6 of the Act shall be preferred in the form of a memorandum [duly verified][10] stamped as required under Article 1(c) of Schedule II of the Court Fees Act, 1870, and shall be accompanied by an attested copy of the order appealed against.

(2)     As soon as an appeal is filed the Commissioner shall cause notice of the same to be given to the Collector against whose order it is directed and shall invite him to make such commencements as he may consider necessary in connection with the grounds of appeal.

(3)     Notice of the appeal shall also be served on any other person who may have moved the Collector under sub-section (1) of section 7 of the Act or who may have otherwise appeared as a party before him.

(4)     In all other respects the procedure in appeals under the Act shall be governed by the provisions of the Punjab Tenancy Act, 1887, and the rules made thereunder for the hearing of appeals against the orders of revenue officers, so far as they can be made applicable.

Rule 21.

Every application under sub-section (2) of section 7 or sub-section (sic) or subsection (5) of section 11 of the Act shall bear a court fee stamp as laid down in Article 1(b) or 1(c), as the case may be, in Schedule II of the Court Fees Act, 1870.

Rule 22. Decision on appeals etc. communication regarding. [Section 11].

If an original order under section 6 or sub-section (2) of section 7 or an appellate order under section 11 of the Act is announced in the absence of the money-lender, it shall be communicated to him by registered post (acknowledgement due).

Rule 23. Dismissal of appeal, grant of certificate for instituting suit. [Section 11]-

When a certificate is granted by a Commissioner to a money- lender under sub-section (3) of section 11, it shall be in form F annexed to these rules.

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PUNJAB REGISTRATION OF MONEY LENDERS RULES, 1939

Rule 1. Short title.

(1)     These rules may be cited as the Punjab Registration of Moneylenders Rules, 1939. Definition.

(2)     In these rules, unless there is anything repugnant in the context, "Act" means the Punjab Registration of Money-lenders Act, 1938.

Rule 2. Registration of Money-lenders. [Section 4].

Application for registration under section 4 of the Act shall be made, in the annexed form A, to the Collector of the district where the applicant has his residence, or, if he has no residence in [1][Haryana], where he has his principal place of business in the [2][State].

Rule 3. Fee for registration. [Section 4].

Application for registration shall bear the court fee prescribed in article 1(b) of Schedule II of the Court Fees Act, 18,70, and shall be signed and verified by the applicant in the manner provided in Order VI; Rules 14 and 15 of the First Schedule to the Code of Civil Procedure, 1908 for plaints in suits.

Rule 4. Registration on behalf of firms. [Section 4].

An application for registration on behalf of a firm shall be signed by all the persons constituting the firm or their representatives duly empowered or in the case of a minor by the person representing him in the business. Provided that no application shall be entertained which does not bear the personal signature of at least one member of the applicant firm.

Rule 5. Manner of presentation of application for registration. [Section 4].

Every application for, registration shall be presented by the applicant personally or through a duly authorised agent: Provided that where there are more applicants than one, any one of them may present it.

Rule 6. Deposit of fee for registration- [Section 4].

(1)     The Collector shall, if the application for registration is in order (or if it is not in order after getting the necessary corrections made therein), and if he finds after making such inquiries as he considers necessary that the grant of the application will not offend against any order made under section 6 of the Act, direct the applicant to deposit [3][within a period of one month] in the Government treasury a sum representing the fee prescribed in section 4 of the Act.

(2)     After the applicant has deposited the fee in the Government treasury and produced the receipt therefor, the Collector shall direct the money- lender's name to be registered.

[4][(3) If the applicant does not deposit the fee within the prescribed period his application shall be consigned to the General Record Room, and he shall submit a fresh application for registration].

Rule 7. Issue of certificate on registration. [Section 4].

On registration of the applicant's name under the preceding rule the Collector shall issue a certificate to him in form B annexed.

Rule 8. Grant of licence. [Section 5].-

No licence shall be granted under section 5 unless the applicant has been registered under section 4 of the Act.

Rule 9. Renewal of licences. [Section 5].

(1)     Applications for the grant of renewal of licences shall be made to the Collector mentioned in rule 2 in form C annexed.

(2)     The provisions of rule 3 above in regard to verification and to the payment of court fee shall be equally applicable to applications for the grant or renewal of licences under the preceding sub-rule.

(3)     In the case of a firm any adult member, or the guardian of a minor member, may make an application for a licence on behalf of the firm.

Rule 10. Affidavit for the grant/renewal of licences. [Section 6].

Every application for the issue or renewal of a licence shall be accompanied by an affidavit stating whether any court has since the making of the last application (if any) made any order in relation to the applicant in regard to any of the matters mentioned in section 6 of the Act.

Rule 11. Fee for the grant/renewal of licences. [Section 13 (2)(b)]-

After making such inquiries as he thinks necessary, the Collector shall, if he finds that there is nothing to debar the grant or renewal of the licence, direct the applicant to deposit [5][within a period of one month] in the Government treasury a sum representing the fee prescribed in rule 12.

Rule 12. Scale of fees. [Section 13(2)(b)].

(1)     [The fees for grant or renewal of licences shall be as under :-

(a)      For the grant of licence for the district in which the money-lender is first registered-

(i)       if the application is submitted within one month Five rupees a year. from the date of registration of his name

(ii)      if the application is submitted thereafter. Seven rupees a year.

(b)      For the renewal of licence for the district in Three rupees a year. which the money-lender is first registered.

(c)      For the grant [6][or renewal of] licence for every Two rupees a year subject to a maximum of other district to which validity of the licence may fifteen rupees a year (including the initial fee) be extended for the whole [7][State].

(2)     The fee for the issue of a duplicate copy of a registration certificate or of a licence, in event of the loss of the original document, shall be one rupee for each duplicate copy][8].

Rule 13. Grant of licence. [Section 5].

(1)     After the applicant has deposited the prescribed fee in the Government treasury and has produced the treasury receipt therefor, the Collector shall issue a licence in form D annexed.

[9][(2) If the applicant does not deposit the fee within the prescribed period his application shall be consigned to the General Record Room and he shall submit a fresh application for the grant of a licence.]

Rule 14. Renewal of licence. [Section 5].

An application for the renewal of a licence shall be made not less than one month before its expiry : Provided that the Collector may for sufficient reasons condone a delay not exceeding one month on payment of a penalty of two rupees.

Rule 15. Maximum period for which licence may be issued/renewed. [Section 5].-

A licence may be issued or renewed for a period not exceeding three years at one time, on pre-payment by the applicant of the full fees for the period.

Rule 16. Licences ordinarily valid for the District. [Section 5].

Licences shall ordinarily be made valid for the district of issue only, but it shall be open to the Collector after making such inquiries as he considers necessary from the Collector of any other district, to extend the validity of a licence so as to include the area of that district.

Rule 17. Service of notice. [Section 7(1)].

Notices issued under the proviso to sub-section (1) of section 7 of the Act shall be in form E annexed, and shall be served in accordance with the procedure laid down in Order V of the First Schedule to the Code of Civil Procedure for the service of summons.

Rule 18. Cancellation of licence. [Section 7].

As soon as any order is made by the Collector for the cancellation of a licence the money-lender shall surrender the same, and the Collector shall endorse thereon the word "Cancelled" in red ink under his signature with the date of so doing.

Rule 19. Publication of cancellation of licence. [Section 6].

(1)     The cancellation of a licence by a Collector under section 6 of the Act shall be published in the Haryana Government Gazette, and any order made in appeal or review for the restoration of a licence shall be published in the same way.

(2)     Intimation of all orders referred to in the preceding sub-rule shall also be given by the authority making the order to the District Judge of every district in which the licence is operative, with the request that the substance of the order be communicated to all the subordinate civil courts.

Rule 20. Appeals. [Section 11].

(1)     Every appeal against an order of a Collector under section 6 of the Act shall be preferred in the form of a memorandum [duly verified][10] stamped as required under Article 1(c) of Schedule II of the Court Fees Act, 1870, and shall be accompanied by an attested copy of the order appealed against.

(2)     As soon as an appeal is filed the Commissioner shall cause notice of the same to be given to the Collector against whose order it is directed and shall invite him to make such commencements as he may consider necessary in connection with the grounds of appeal.

(3)     Notice of the appeal shall also be served on any other person who may have moved the Collector under sub-section (1) of section 7 of the Act or who may have otherwise appeared as a party before him.

(4)     In all other respects the procedure in appeals under the Act shall be governed by the provisions of the Punjab Tenancy Act, 1887, and the rules made thereunder for the hearing of appeals against the orders of revenue officers, so far as they can be made applicable.

Rule 21.

Every application under sub-section (2) of section 7 or sub-section (sic) or subsection (5) of section 11 of the Act shall bear a court fee stamp as laid down in Article 1(b) or 1(c), as the case may be, in Schedule II of the Court Fees Act, 1870.

Rule 22. Decision on appeals etc. communication regarding. [Section 11].

If an original order under section 6 or sub-section (2) of section 7 or an appellate order under section 11 of the Act is announced in the absence of the money-lender, it shall be communicated to him by registered post (acknowledgement due).

Rule 23. Dismissal of appeal, grant of certificate for instituting suit. [Section 11]-

When a certificate is granted by a Commissioner to a money- lender under sub-section (3) of section 11, it shall be in form F annexed to these rules.