THE
PUNJAB REGISTRATION OF MONEY-LENDERS RULES, 1939
1.
(1)
These rules may be cited as the Punjab Registration of Money-Lenders Rules,
1939.
(2) In these rules, unless there is
anything repugnant in the context, Act means the Punjab Registration of
Money-Lenders Act, 1938.
2.
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 Punjab, where he has his principal place of business
in the [State].
3.
Application
for registration shall bear the court fee prescribed in article I (b) of
Schedule II of the Court Fees Act, 1870 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, for plaints in suits.
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.
5.
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.
6.
(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 [within a period of one month] in
Government treasury a sum representing the fee prescribed in section 4 of the
Act.
(2) After the applicant has deposited the
fees in the Government treasury and produced the receipt therefor, the
Collector shall direct the money-lenders name to be registered.
[(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.]
7.
On
registration of the applicants name under the preceding rule the collector
shall issue a certificate to him in form B annexed.
8.
No
license shall be granted under section 5 unless the applicant has been
registered under section 4 of the Act.
9.
(1)Applications
for the grant or renewal of licenses shall be made to Collector mentioned in
rule 2 above 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.
10.
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 last application (
if any) made any order in relation to the applicant in regard to any matters mentioned in section 6 of the
Act.
11.
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 [ within a period of one month] in the Government treasury
a sum representing the fee prescribed in rule 12.
12.
[(1)
The fees for grant or renewal of licences shall be as under :-
(a)
|
(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 from the date
of registration of his name. |
Five rupees a year. |
|
(ii) If the application is submitted thereafter |
Seven rupees a year. |
|
(b) For
renewal of licence for the district in which the Money-lender is first
registered. |
Three rupees a year |
|
(c) For
the grant [or renewal of] licence for every Other district to which validity
of the licence subject to a maximum Of fifteen rupees a Year (including the
Initial fee) for the Whole [state.] May be extended. |
Two rupees a year |
(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.]
13.
(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.
[(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.]
14.
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.
15.
A
licence may be issued or renewed for a period not exceeding three years at one
time, on the payment by the applicant of the full fees for the period.
16.
Licences
shall ordinarily ne 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 licences
so as to include the area of that district.
17.
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.
18.
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.
19.
(1)
The cancellation of a licence by a collector under section 6 of the Act shall be published in the Punjab
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.
20.
(1)
Every appeal against an order of a Collector under section 6 of the Act shall
be preferred in the form of a memorandum stamped as required under Article I
(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 comments,
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.
21.
Every
application under sub-section(2) of section 7 or sub-section (4) or sub-section
(5) of section 11 of the act shall bear a court fee stamp as laid down in
Article I(b) or I(c), as the case may be, in Schedule II of the Court Fees Act,
1870.
22.
If an
original order section 6 or sub-section (2) of section 7or 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).
23.
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.
Application for registration of a
Money-lender
(Section 4 of the Punjab Registration of Money-lenders Act, 1938[Nh1])
In the office of the Collector
of ___________________________tehsil
____________________________ (Here give
the name of the tehsil containing the town or village where the money-lender
resides or has his principal place of business.)
Town/Village __________________________________
( Here given the name of the town or the village where the money-lender resides
or has his principal place of business.)
(a)
Name
of the applicant, with parentage,
caste, residence, and address in full.
(b)
In
cases where the applicant is a firm, the names of all persons constituting it,
with parentage, caste, residence and address in full of each.
(c)
In
cases where the applicant is a firm: whether it is a Hindu joint family firm
otherwise constituted, and whether it has been registered under the Indian
Partnership Act, 1932.
(d)
Name
of style under which the applicant carries on his money-lending business.
(e)
Name
of the district within which the applicant has his business on the date of the
application.
(f)
Names
of the districts to which the applicant wishes in future to extend his
business.
(g)
Location
of the applicants principal place of business, with full particulars thereof
and the name, parentage, caste and address of the person in charge.
(h)
Has
the applicant any office at any other station? If so, give complete particulars
with the name, parentage, caste and address of the person in charge of each
office.
(i)
What
is the extent of the total business of the applicant on the date of
application?
(j)
For
how long has the applicant carried on the business of money-lending?
(k)
Whether
any application for registration had previously been made by the applicant; or
where the applicant is a firm, by any one or more of its members singly or
jointly inter se or with any other person under any name. If so, when, where
and with what result?
(l)
(I) In
case the applicant had previously been registered and licensed, give full
particulars of the licence.
(ii) State whether any licence
granted previously to the applicant ( or where the applicant is a firm, to any
one or more of its members singly or jointly inter se or with any other person)
has been cancelled: If so, full particulars should be given, including the name
of the officer and terms of the order cancelling the licence.
(m)
Whether
money-lending is the sole business of the applicant or whether he is engaged in
any other business profession or calling.
Certified that all the facts set out in the application are true to my
knowledge except paragraphs ________________ which are true to my belief being
based on information supplied by _______________________
(Signature of the person making
the verification with date and
place of so doing.)
(Signature of the applicant with
date.)
Money-Lenders Registration
Certificate
(Section 4 of the Punjab
Registration of money-lenders Act, 1938)
District
Tehsil
..
Register No
.
Certified that
son/daughter/ wife of
.. caste
resident
of
the firm
..
(his/her)
With ___________________________________
principal place of business at ____________________________________________ has
been registered as a money-lender under section 4 of the Punjab Registration of
Money-Lenders Act, 1938, on the ______ day of ______________19 .
The registration firm is constituted by
1.
Son of
.., caste
., resident of
2
Son of
.., caste
., resident of
3
Son of
.., caste
., resident of
4
Son of
.., caste
., resident of
5.
Son of
.., caste
., resident of
6
Son of
.., caste
., resident of
(Seal of the Collector)
Signed
____________________,
Collector,
District
Where the money lender is a single
individual cross out this portion
grant
Application
for the _________________ of a Money-Lenders Licence.
Renewal
(Section 5 of the Punjab
Registration of Money-Lenders Act, 1938)
In the office of the Collector _____________
Tahsil _________________,
Town Post
Office
__________ ________________
Village Police
Station
The applicant submits as follows:-
(1)
That
he is registered money-lender in the district with necessary particulars being.
Tahsil _____________________________
Town Post
Office
__________ ________________
Village Police
Station
Register No. _______________________
Commencement
of the act
(2)
That
since the ________________________________________
Application
for the grant of the previous
Licence dated __________________________
No court has given any finding against the
applicant with regard to acts or omissions of the kind referred to in section 6
of the Act, with the following exceptions :-
(1)
______________________________________
(2)
______________________________________
(3)
That
on the date of this application his total business does not exceed Rs.
_____________ as principal.
He may be
granted a licence
(4)
That
he prays that _____________________________________
His licence
which expires on
For the year
________________________________________
May be renewed for three years
_____________________ to ___________________ on the prescribed terms in regard
to fee and otherwise.
Verified
that all the facts set out in the application are true to my knowledge except
paragraphs ________________________ which are true to my belief based on the
information supplied by ________________
(Signature
of the person
making
the verification with
date and
place.)
Signed
: ___________________
Dated
_____________________
Money-Lenders Licence
(Section 5 of the Punjab Registration of Money-Lenders Act, 1938)
District
..
Tahsil
...
Town Post
Office
__________ ________________
Village Police Station
Licence No
.
This licence has been granted to
to practise as a money-lender on the following terms:-
(a)
This
licence will be valid up to
..
(b)
It
shall entitle the licensee to carry on the business of money-lending within the
area of
.
(c)
The licencsee shall report to the Collector
issuing this licence any finding which any court may during its currency give
against him regarding acts or omissions of the kind described in section 6 of
the Act.
(d)
The
licensee shall surrender the licence when ordered to so by the Collector granting it or by the Commissioner or any
Court.
(Seal of
the Collector) Signed
..
Collector,
Dated
Renewal
This licence has on payment of the proper fees
been renewed as under :-
From
to
.
(Signature
of the officer granting renewal.)
Dated
.
E
Notice to Money-Lender.
[Section 7(1) of the Punjab
Registration of Money-Lenders Act, 1938.]
IN THE OFFICE OF THE COLLECTOR
DISTRICT.
(Notice under section 7 of the Punjab Registration of Money Lenders
Act, 1938)
To
( Here give the name and full
particulars of the money-lender, whether an individual or a firm, and in case
of a firm, give the name and full particulars of the manager in addition.)
case
Whereas
it has come to my notice that in the
. Noted overleaf cases finding has court
a
adverse to you
. Been given by the
. Therein findings have courts mentioned, you
are hereby called upon to appear before me personally or through a duly
authorised agent or lawyer on
.. at
. And show cause why your licence should not be cancelled for such
period as may be considered proper by me.
Further
take notice that if you fail to appear at the appointed time and place, the
case will be heard and disposed of in your absence.
(Seal of the Collectors Office) Signed
..
Collector,
Dated
(Reverse)
Particulars of case/cases
|
Name of the court |
Name of Parties |
Date of Decision |
Nature of the adverse finding |
|
|
|
|
|
F
Commissioners Certificate
[Sub-section(3) of section 11 of the
Punjab Registration of Money-Lenders Act, 1938]
Certified that
. son of
.. caste
resident of
The & Distt. whose, appeal No.
of 19
against the order of the Collector
. dated
, has
today been dismissed, has been allowed to prosecute if already filed, or to
file and prosecute, suits for the recovery of the undermentioned loans and
application for the execution of the undermentioned decrees : -
1.
Loan
of Rs.
. dated
. raised by
.., son of
,
town/village
., Tahsil
, District
..
2.
;
3.
..
etc
Decrees
1.
Decree
No.
, dated
, from Court of
.. for Rs.
against
son of
. of village/town Tahsil
., District
..,
2.
;
3.
..
etc
Signed
.
Commissioner
Division.
Dated
(Seal of the Commissioner)