The Bombay Money-lenders Rules, 1959
Published vide Notification G.N., I. and C.D., No. MLA. 1259/ 15160-MSC, dated 30th January, 1960 (B.G., Part 4-B, page 150)
mh499
| LEGISLATIVE HISTORY 6 |
In exercise of the powers conferred by section 39 of the Bombay Moneylenders Act, 1946 (Bombay XXXI of 1947), read with section 2 of the Bombay Money-lenders (Unification and Amendment) Act, 1959 (Bombay L of 1959), the Government of Bombay hereby makes the following rules, namely
- Short title and extent.- (1) These rules may be called the Bombay Money-lenders Rules, 1959.
(2) They extend to the whole of the State of Bombay.
- Definitions.- 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.
- Register of money-lenders.- The register of money-lenders required to be maintained under section 4 shall be in Form No. 1.
- Display of list of licensed money-lenders.- 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.
- Application for licence.- (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.
- Change in partnership or management.- 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.
- Change of address.- A money-lender shall communicate [* * *]any change in his address giving full details of the new address within seven days of such change [to the Registrar] [* * *].
[8. Procedure for summary inquiry under section 7. - 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.]
- Form of licence.- The licence under section 7 shall be in Form No. 3. [* * *]
- Manner of payment of licence fees.- [The licence fee 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.
[* * *]
10A. [* * *]
- Levy of inspection fee.- (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.
- Reasons for refusing to grant licence to be communicated to applicant.- If a Registrar, refuses to grant a licence, he shall communicate to the applicant his reason for so doing.
- Appeal against order of Registrar refusing or cancelling a licence.- (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.
- Display of licence.- 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.
- Issue of duplicate licence.- (1) When a licence granted to a moneylender 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".
[15A. Publication of notice inviting claims to pledged property. - 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.]
- Forms of cash book, ledger and of statement and receipt under section 18.- 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.
- Capital Account.- Every money-lender shall open a capital account in Form No. 11 for the purposes of section 9-A.
- Annual statement of accounts to be delivered by money-lender to debtor etc., under section 19(1).- (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 moneylender 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 lo 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.
- Fees for supply of statements or pass books.- (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 subsection (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.
- Form of pass-book.- The pass-book mentioned in sections 18 and 19 shall be either in Form No. 13 or in Form No. 14.
- Notice and information to be given on assignment of loan.- 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.
- Form of application under section 30.- 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.
- Copies of documents on payments of fees.- (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.
- Forms of summons.- 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.
- [* * *]
- Repeal and saving.- 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.
Form No. 1
(rule 3)
Register of Money-lenders
Officer of the Assistant Registrar of ....................... Taluka ....................... District .......................
| Sr.No. | [Name, father's or husband's surname or religion and full residential address of the money-lender] | Name, father's name, and full residential address of the person or persons responsible for the management of the business, if any | Full details of the principal place of business and of the branches thereof | Date and Serial No. of previous licence, if any | Date of the issue of the present licence | Serial No. of application |
| 1 | 2 | 2A | 3 | 4 | 5 | 6 |
| [Cancellation of licence], if any, with date and particulars | Orders of appellate authority, if any | Particulars of cancellation or suspension of licence under Section 14(ii)(a) or disqualification under Section 14(ii)(b) | Number of duplicate licences issued with dates | Signature of Assistant Registrar | Remarks |
| 7 | 8 | 9 | 10 | 11 | 12 |
[Form No. 2]
(rule 5)
Application for the grant of a licence to carry on the business of money-lending
To
The Assistant Registrar of money-lenders :-
| 1. | Full name of the applicant ..... | ||
| 2. | Full address of the applicant....... | ||
| 3. | Name of the Manager and the adult coparceners of the undivided Hindu family and address in full. | ||
| 4. | Names of the Director, Manager or principal officers managing the bank or company, with their addresses in full. | ||
| 5. | Names of all person forming unincorporated body, with their addresses in full. | ||
| 6. | Name(s) or person(s) in full responsible or proposed to be responsible for the management of business of money-lending and their addresses in full. | ||
| 7. | What is the total amount of the capital which the applicant intends to invest in the business of money-lending in the year for which the application has been made ? | ||
| 8. | Amount of licence fee paid to Government (enclose a copy of treasury challan.) | ||
| 9. | If the application is for renewal of a licence, state the amount of maximum capital invested in the business during the previous year. | ||
| 10. | Amount of inspection fee paid to Government (enclose a copy of treasury challan). | ||
| 11. | Whether the books of accounts are maintained in the prescribed forms i.e.. Forms Nos. 4 to 7. | ||
| 12. | Details of loans advanced during the previous year. | ||
| (a) to agriculturists Secured. | No. | Amount. | |
| Unsecured - | |||
| (b) to non-agriculturists Secured | No. | Amount. | |
| Unsecured - | |||
| 13. | Total amount repaid by - | ||
| (a) agriculturists. | |||
| (b) non-agriculturists. | |||
| 14. | Amount of loans outstanding at the close of the year against - | ||
| (a) agriculturists. | |||
| (b) non-agriculturists. | |||
| 15. | [* * *] | ||
| 16. | What is the year for which the applicant's accounts are made? | ||
| 17. | Has the application for licence previously been made? If so, when, where and with what result? | ||
| 18. | In case the application has previously been granted, give the No. of licence and the name in which the money-lending business was carried on. | ||
| 19. | Has any licence granted previously to the applicant been cancelled or suspended or does it contain any endorsement(s) of the Court? If so, full particulars should be given including the name of the officer or the Court and the date and terms of the order. | ||
| 20. | Is the business of money-lending the sole business of the applicant, or is he engaged in any other business, profession or calling? If so, state such business, profession or calling. | ||
Certified that the best of my knowledge and belief all facts and the information stated above are true and correct.
(Signature of applicant with date)
Form No. 2A [* * *]
Form No. 2B [* * *]
Form No. 3
(rule 9)
Money-lender's Licence .........................................
| (1) | Licence Number | ............................................ |
| (2) | Full name and address of the moneylender. | ............................................ |
| (3) | [Full name(s) of persons responsible for the money-lending business] | ............................................ |
| (4) | [Full name(s) of partners/ coparcener] | ............................................ |
| (5) | Name in which money-lending business is carried on | ............................................ |
| (6) | Area for which licence is valid | Taluka......... District............. |
| (7) | Full address of the place of business | ............................................ |
| (8) | Period for which licence is valid | From..............to.................. |
This licence has been granted subject to the provisions of the Bombay Money-lenders Act, 1946, and the rules made thereunder.
The licence shall surrender the licence when ordered to do so, by the Registrar granting it or by the Registrar-General or by a Court.
(Seal)
Register of Money-lenders.
Date :
Back :
Endorsement, if any :
Signature :
Remarks :
[Form No. 3-A]
[rule 15-A]
Notice
| Upon inspection of records and documents of | Shri
Shrimati |
............... [of] .............. [Taluka] ................... [District] ............... who was carrying on the business of money-lending without a valid licence [at] ................the property described in the Schedule hereto was found in the possession of the said [Shri/ Shrimati] ............. The said property was pledged to him as security for the loans advanced by him/ her.
The said property is now in the custody of the undersigned for being returned to the debtor(s), who had pledged it or, where the debtor(s) is/ are dead, to his/ their heirs.
Notice is, therefore, hereby given that the debtor who had pledged the said property to the said [Shri/ Shrimati] ............... or his/ their heirs should present his/their claim in writing with necessary evidence to the undersigned between 10.30 a.m. and 5.30 p.m. on any working day with 20 days [from]. The claims received thereafter will not be entertained and the property shall stand forfeited to the State Government under subsection (4) of section 13-B of the Bombay Money-lenders Act, 1946.
The said property will be open for inspection by the concerned claimants from ...................... to ..................... during working hours.
Schedule
(Here give description of the property)
(Signature) (......................)
Registrar of Money Lenders, District
(Full address).
Form No. 4
(rule 16)
Cash Book
| Receipts................ | Disbursements................. |
| Date | Particulars | Ledger folio | Amount | Date | Particulars | Ledger folio | Amount |
| Rs. P. | Rs. P. | ||||||
| 1946 .... | 1946 …. | ||||||
| Brought forward..... | 6,000.00 | ||||||
| August 2 | Interest received from Jagat Ch. Mookerji on the mortgage bond, dated.... from..... to.... | 25.00 | August 2 | Lent to B.C. rupees five thousand interest percent., per annum. | 5,000.00 | 5,000.00 | |
| By balance C/F | 1,025.00 | ||||||
| 6,025.00 | 6.025.00 | ||||||
| August 3 | To balance B/F.... | 1,025.00 |
In case of loans in kind the entry shall contain clear reference to the commodity advanced with market-value of same at the date of each transaction.
Date.......
Form No. 5
(rule 16)
Cash Book
Date....................
[Credit]
[Debit]
| Amount | Particulars | Amount | Particulars |
| Rs. P. | Rs. P. | ||
| ......... | Opening balance brought forward | ......... | ......... |
| ......... | Closing balance carried over | ......... | ......... |
Note. - The Ledger folio number should be entered in any convenient manner.
[Form No. 6]
(rule 16)
Ledger Folio No. ........................
Name of Debtor ........................................
Full address of Debtor ..........................
| Credit | Debit | ||||||
| Amount | Date | Page No. of the corresponding entry in the cash book | Particulars | Amount | Date | Page No. of the corresponding entry in the cash book | Particulars |
| Total Receipt | Total Payment | |
| Abstract | ||
| Principal | Interest | |
| Debited (during the year) …........................ | ||
| Recoveries (during the year …........................ | ||
| Net balance due …........................ | ||
| Carried over …........................ | ||
Form No. 7
(See rule 18)
Name and address of the debtor ...............
| Ledger Account | Ledger Folio No. | |||||
| Date | Principal amount borrowed or debited | Amount of fee due in respect of supply of statement and pass books of debts | Amount repaid or credited Interest | |||
| Principal | Interest | Fees for statements and pass books of debts | Total | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Balance due after each transaction | Details of calculation of Interest | |||||
| Principal | Interest | Fee for statements and pass books of debts | Principal due | Months | Amount of interest recovered | Remarks |
| (8) | (9) | (10) | (11) | (12) | (13) | (14) |
[Form No. 8]
(rule 16)
Statement showing the details of conditions of the loan
Name of debtor ......................................
Address ...............................................
The number of the Ledger Account or Ledger Folio.
(1) Amount of loan ...................
(2) Date of loan ...................
(3) Date of maturity of loan, if any ..................
(4) Rate of interest per annum ........................
(5) Nature and particulars of security ................. (Weight, estimated value etc),
(6) Particulars of documents, if any .............
(7) Any special conditions on which the loans has been made.
(8) Other connected information .................
Name and address of the money-lender
No. of Licence ................
Date ...............
Signature of the money-lender.
N.B. - A separate statement shall be furnished in respect of each loan transaction. In case of loans in kind there shall be reference to the commodity advanced along with market value of the same at the date of each transaction.
Form No. 9
(rule 16)
Receipt
Serial No. ................ Date ...............
Money-lender's name and address ............................................
Licence No. ........................................
Received Rs. ................. from Shri (debtor's name) in
respect of loan of Rs. ............... advanced on and the amount has been credited as follows
Towards Principal ......... Rs. ................ P. ...............
Towards Interest from ... Rs. ................ P. ...............
(date) to.............
Signature of the Money-lender.
Form No. 10
(rule 16)
| Counterfoil | Receipt to be given to the debtor | ||
| (1) | Full name of the debtor and his full address. | (1) | Full name of the debtor and his full address. |
| (2) | Caste (if he/she belongs to backward class). | (2) | Caste (if he/she belongs to backward class). |
| (3) | Full particulars of the security. | (3) | Full particulars of the security. |
| (4) | Estimated value. | (4) | Estimated value. |
| (5) | Total amount of loans advanced. | (5) | Total amount of loans advanced. |
| (6) | Other connected information. | (6) | Other connected information. |
| Signature of the debtor. | Signature of the Money-lender or the person responsible for the Money-lending business. |
N.B. - In case of valuable articles weight of the article, etc. should be given against item No. 3 above.
Form No. 11
(rule 17)
| Date | Total amount of repayments of loans | Page No. of the cash book | Total amount of loans advanced | Page No. of the cash book | Net total amount remained in vested in the money-lending business |
| Rs. | Rs. | Rs. | |||
| 1st August, 1959 | .... | .... | *50,000 | .... | 50,000 |
| 2nd August, 1959 | 5,000 | 1 | 6,000 | 1 | 51,000 |
| 3rd August, 1959 | 8,000 | 2 | 2,000 | 2 | 45,000 |
| and so on.... |
* Amount remained invested at the end of the last year.
[Form No. 12]
[(rule 18(1)]
Annual Statement of Accounts to be delivered by the money-lender to his debtors within sixty days after the close of the year
| (1) | Name of the debtor | ........... | |
| (2) | Occupation | ........... | |
| (3) | Address | ........... | |
| (4) | Whether the debtor belongs to Backward Class | Yes/No | |
| (5) | No. of Ledger Account or Ledger Folio | ........... | |
| (6) | The amount of principal, the amount of interest and the amount of fees referred to in section 19-A, separately due to the moneylender at the beginning of the year. | ||
| (7) | The total amount of loans advanced during the year. | ||
| (8) | The total amount of repayments received during the year. | Principal Rs. | Interest Rs. |
| (9) | The amounts of principal and interest due at the end of the year. | Principal Rs. | Amount Rs. |
Name and address of the money-lender .............
No. of Licence ..................
Date .............
Signature of the Money-lender.
Form No. 13
(rule 20)
Pass-Book
Cover page
| Name of the Money-lender | : ............................... |
| His address | : .............................. |
| Licensed money-lender under the Bombay Money-lenders Act, 1946 | |
| Name of the debtor | : .............................. |
| His address | : .............................. |
| Occupation | : Agriculture/Industrial/Commercial/ Miscellaneous |
| Whether he/ she belongs to Backward Class | Yes/No |
Explanation. -
(i) Agricultural loan means loan given for production of crops for cultivation and for other allied purposes in connection with agriculture.
(ii) Industrial loan means loan given for manufacturing purposes.
(iii) Commercial loan means loan given for trade i.e., buying and selling goods or other property movable or immovable.
(iv) Personal loan means loan given for paying off old debts, marriage ceremonies, religious ceremonies, personal needs, etc.
(v) Miscellaneous loan includes loan for purposes not covered by (i) to (iv) above.
Contents of the Pass-Book
| Name of the money-lender .................. | Name of the debtor................... |
| His address : .............. | His address : ....................... |
| Occupation : ..................... |
| Sr. No. | Date, month and year | Amount of loan advanced | Nature of security particulars of documents and special conditions, if any | Rate of interest | Date of maturity | Total amount repaid by the debtor |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Amount repaid by the debtor how credited | Balance to be recovered from the debtor | Signature of the Money-lender | Remarks | ||
| Principal | Interest | Principal | Interest | ||
| (8) | (9) | (10) | (11) | (12) | (13) |
Form No. 14
(rule 20)
Pass-Book
Cover page
(1) Name of the licensed Money-lender :
(2) His address :
(3) Name of the Debtor :
(4) His address :
(5) Occupation of the Debtor :
(6) Whether he belongs to Backward Class : Yes/No.
| (Contents of the Pass-Book) | |||||||
| Credit | Debit | ||||||
| Amount | Date | Particulars | Signature of Money-lender | Amount | Date | Particulars | Signature of Money-lender |
| Annual Abstract | |||||||
| Total receipt | Total payment, Principal and interest | ||||||
Signature of the Money-lender.
Form No. 15
(rule 21)
Please take notice under clause (a) of sub-section (1) of section 27 of the Bombay Money-lenders Act, 1946, that pursuant to the agreement
| made by me with you to assign | the loan
the balance of loan interest on the loan balance of interest on the loan |
advanced to Shri............ together with | accrued interest
balance of interest |
and benefits of the agreement under which the aforesaid loan |
| was given to the debtor as well as security in respect of | loan
interest on loan |
you will be subject, with effect from ....................... to the provisions of the Bombay Money-lenders Act, 1946. |
Signature of the Money-lender.
Prior assignee of the Money-lender.
Date
Form No. 16
(rule 21)
Statement of information to be supplied to the assignee under clause (b) of sub-section (1) of section 27 of the Bombay Moneylenders Act, 1946
Name of the Money-lender including subsequent assignees, if any, and his/their/address/ addresses.
Name of debtor ...........
Address ..........
- Date of loan......
- Amount of loan......
- Rate of interest per annum ............
- Amount of fees due in respect of supply of debts.
- Total repayments made by the debtor up-to-date -
(a) Principal ....
(b) Interest ......
(bb) Fees for supply of statement of debts ........
(c) Total....
- Amount outstanding on -
(a) Principal .....
(b) Interest ......
(bb) Fees for supply of statements of debts .......
(c) Total....
- Nature and value of the security
- Particulars of documents including previous assignments, if any.
- Any special condition attaching to the loan.
- List of documents of which copies are attached.
- Other information, if any.
Signature of Assignor/Money-lender.
Address
Date
Form No. 17
(rule 21)
To
..............................
Debtor.
Please take notice under clause (c) of sub-section (1) of section 27 of the Bombay Money-lenders Act, 1946, that I propose to make an assignment of
| the loan
balance of loan interest on loan balance of interest on the loan |
advanced to you on............ together with | accrued interest
balance of interest |
and benefits of the agreement under which the aforesaid loan |
| as well as security taken in respect of the | loan
interest on the loan |
to ..........................................
(Name of the assignee)
....................................................................................................
(Address of the assignee) (dated)
.................. with effect from .................. and that from the date of such assignment, the assignee above-named shall exercise all rights and shall have all the liabilities under the provisions of the Bombay Money-lenders Act, 1946.
Signature of Money-lender.
Address.
Signature of prior assignee of the Money-lender.
Address.
Form No. 18
(rule 22)
Application to a Court under sub-section (1) of section 30 for taking accounts
In the Court of ................................
Misc. Case No. ............. of 20 ...
The undermentioned debtor applies for taking accounts of the loan described below and for declaring the amount due to the money-lender.
Particulars of loan
- Document, if any, with particulars
- Amount
- Description of the Money-lender -
(a) Name
(b) Father's name
(c) Address
- Description of the debtor -
(a) Name
(b) Father's/Husband's name
(c) Address
Date
Signature.
Form No. 19
(rule 24)
Summons to Money-lender
Name of Office
No.
To
Whereas your application for grant of a licence under the Bombay Money-lenders Act, 1946, has been received by me, you are hereby summoned in accordance with section 13 of the said Act, to appear before me at the above address in person on the ............ day of...... 20...., at ... O' clock in the noon, for your being examined in connection with the said application; and you are directed to produce on that day all the documents upon which you intend to rely in support of your application.
Take notice that, in default of your appearance on the day before mentioned, your application for grant of a licence under the said Act shall not be considered.
Given under my hand and seal this ............ day of ...... 20
Seal
Designation of the Officer.
Form No. 20
(rule 24)
Summons to Witness
No.
Name of the Office.
To
Whereas it is necessary to examine you in connection with the application made by Shri .............. for grant of a licence under the Bombay Money-lenders Act, 1946, you are hereby summoned in accordance with section 13 of the said Act, to appear before me at the above address in person on the day of 19 at o'clock in the noon; and you are directed to produce any documents you may have in your possession in support of the information that will be supplied by you.
Take notice that if you fail to comply with this order without lawful excuse, you will be liable to a fine which may extend to five hundred rupees. Given under my hand seal this ........... day of 20
Seal
Designation of the Officer.
