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Bengal Moneylenders Act, 1940 Complete Act

State: West Bengal

Year: 1940

.....Societies Act, 1912, or any 55. Words subs. for the words "Act of the Provincial Legislature" by "the Adaptation" of Laws Order, 1950. [Provincial Act or Act of the State Legislature], for the time being in force, relating to such societies; (7) "insurance company" means (a) in relation to any loan advanced before the commencement of the Insurance Act, 1938, an insurance company within the meaning of the Indian Insurance Companies Act, 1928, and (b) in relation to any loan advanced after the commencement of the Insurance Act, 1938, an insurance company within the meaning of that Act; (8) "interest" includes any sum by whatsoever name called, in excess of the principal paid or payable to a lender in consideration of, or otherwise in respect of, a loan whether the same is charged or sought to be recovered specifically by way of interest or otherwise, but does not include any sum lawfully charged by a lender in accordance with the provisions of this Act or any other law for the time being in forec for or on account of costs, charges or expenses; (9) "lender" means a person who advances a loan and includes a moneylender; (10) "licence" means a licence granted under this Act; .....

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The Bombay Money Lenders Act, 1946 Complete Act

State: Maharashtra

Year: 1946

.....other property, whether moveable or immoveable, and includes a wholesale or retail merchant, a commission agent, - a broker, a manufacturer, a contractor, a factory owner, but does not include an artisan or a person who sells his agricultural produce or cattle or buys agricultural produce or cattle, for his use. Explanation."For the purposes of this clause an "artisan" means a person who does not employ more than ten workers in a manufacturing process on any one day of the twelve months immediately preceding. NOTES: (A) Changes made by the new amendment in two of the definitions have created disturbance in business community and especially the money-lenders who were advancing loans to traders. (B) Definition of word LOAN in sub-section 2 has been amended by addition of words WHETHER IN CASH OR KIND AND after the words ADVANCING LOANS. These words appear to have been added to clarify the word loan as to include the advance in kind like grains advanced with condition to return one and half times after harvest. The definition of word LOAN in sub section (9) even prior to the amendment states that the loan meant an advance whether of money or in kind. Thus this particular amendment.....

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The Punjab Regulation of Accounts Act, 1930 Complete Act

State: Punjab

Year: 1930

.....property, whether movable or immoveable, and shall include a wholesale or a retail merchant, a commission agent, a broker, a manufacturer, a contractor, a factory owner, but shall not include a person who sells his own agricultural produce or cattle, or buys agricultural produce or cattle for his own use. 3. Duty of creditor to maintain and furnish accounts,-(1) A creditor shall in order to comply with the provisions of this Act- (a) regularly record and maintain an account for each debtor separately, of all transactions relating to any loan advanced to that debtor, in such manner as the 1[State] Government may prescribe; (b) furnish each debtor every six months with a legible statement of account signed by the creditor or his agent of any balance or amount that may be outstanding against such debtor on the 30th day of June or 15th. Har and the 31st day of December or 15th Poh in each year, This statement of account shall include all transactions relating to the loan entered into during the six months to which the statement relates, and shall be sent, in such manner and in such form and containing such details as the 1[ State] Government may prescribe, on or before the 31st.....

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Bombay Money-lenders Act, 1946, (Maharashtra) Section 28

Title: Application of Act as Respects Assignees

State: Maharashtra

Year: 1946

(1) Save as hereinafter provided, where any debt due to a money-lender in respect of money lent by him whether before or after the date on which this Act comes into force or of interest on money so lent or of the benefit of any agreement made or security taken in respect of any such debt or interest, has been assigned, the assignee shall be deemed to be the moneylender and all the provisions of this Act shall apply to such assignee as if he were the money-lender. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, where for any reason any such assignment is invalid and the debtor has made any payment of money or transfer of property on account of any loan which has been so assigned, the assignee shall in respect of such payment or transfer be deemed to be the agent of the money-lender for all the purposes of this Act.

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Bombay Money-lenders Act, 1946, (Maharashtra) Section 31A

Title: when Interest to Be Paid for Entire Month

State: Maharashtra

Year: 1946

1 [31A. When interest to be paid for entiremonth Notwithstanding any agreement between the parties or any law for the time being; in force when a statement is delivered or pass book is supplied to a debtor under section 19 or if accounts are taken under section 30 or a tender is made by a debtor to a moneylender in respect of a loan under section 31 before the sixteenth day of a calendar month, the interest due shall be calculated as payable for fifteen days of the said month, and if the statement is delivered or pass book is supplied or accounts are taken or tender is made on any subsequent day, then for the entire calendar month irrespective of the fact that such statement is delivered or pass book is supplied or such accounts are taken or such tender is made on any such day.] _____________________ 1. Section 31A was inserted, byBom. 57 of 1949, s.6.

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Bombay Money-lenders Act, 1946, (Maharashtra) Section 40

Title: Repeal and Savings

State: Maharashtra

Year: 1946

.....such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Money-lenders (Unification and Amendment) Act, 1959(Bom. L of 1959) had not been passed: Providedfurther that, subject to the preceding proviso, anything done or any action taken (including rules, delegations and authorisations made, registers maintained, registration certificates and licences granted and notifications issued) under a provision of any Act so repealed shall, in so far as it is not inconsistent with any of the provision of this Act, be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly, unless and until altered, amended, or superseded by anything done or any action taken under this Act.] 2 [* * * *] _____________________ 1.Section 40 was inserted by Bom. 50 of 1959, s.4(s). 2.The existing Schedule was deleted by Mah. 76 of 1975,s.20

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The Kerala Moneylenders (Amendment) Act, 1974 [1] Complete Act

State: Kerala

Year: 1974

.....Act. Explanation II.• For the purposes of this clause, clause (7A), proviso to sub-section (1) of section 3, clause (a) of sub-section (3) of section 10, section 16A, and section 17, the word ˜person' shall include " a firm or a joint family;" 3. Amendment of section 4.• In section 4 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:• "(4A) The licensing authority may, if it is satisfied that an applicant could not apply for a licence under this Act, for reasons beyond his control within the period referred to in sub-section (1) of section 3, grant a licence with retrospective effect on realising a penalty not exceeding the prescribed licence fee". 4. Amendment of section12.• Section 12 of the principal Act shall be re-numbered as sub-section (1) of that section and, after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:• "(2) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act". 5. Amendment of section 22.• To section 22 of the principal Act, the following proviso shall be added, namely:•.....

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The Kerala Moneylenders (Amendment) Act, 1986 [1] Complete Act

State: Kerala

Year: 1986

THE KERALA MONEY-LENDERS (AMENDMENT) ACT, 1986 [1] THE KERALA MONEY-LENDERS (AMENDMENT) ACT, 1986 [1] (ACT 30 OF 1986) An Act further to amend the Kerala Money Lenders Act, 1958. Preamble.• WHEREAS, it is expedient further to amend the Kerala Money Lenders Act, 1958, for the purposes hereinafter appearing; BE it enacted in the Thirty-seventh Year of the Republic of India as follows:• 1. Short title and commencement.• (1) This Act may be called the Kerala Money Lenders (Amendment) Act, 1986. (2) It shall be deemed to have come into force on the 15th day of October, 1985. 2. Amendment of section 2.• In section 2 of the Kerala Money Lenders Act, 1958 (35 of 1958) (hereinafter referred to as the principal Act),• (a) for clause (1A), the following clause shall be substituted, namely:• "(10. .A) "bank" means• (i) a banking company to which the Banking Regulation Act, 1949 (Central Act 10 of 1949), applies; (ii) the State Bank of India constituted under the State Bank of India Act, 1955 (central Act 23 of 1955); (iii) a subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act.....

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The Kerala Moneylenders Act, 1958 1 Complete Act

State: Kerala

Year: 1958

.....of 1984);";] [5]. ["(1B) "Commissioner" means the Commissioner of Commercial Taxes appointed under the provisions of the Kerala General Sales Tax Act, 1963 (Act 15 of 1963)";] (2) "co-operative society" means a society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932 [(Madras Act VI of 1932) or the Travancore-Cochin Co-operative Societies Act, 1951(˜Act X of 1952)]; (3) "Interest" includes the return to be made over and above what was actually lent, whether the same is charged or sought to be recovered specifically by way of interest or otherwise, but does not include any sum charged by a lender in accordance with the provisions of this Act or any other law for the time being in force, for or on account of costs, charges or expenses; (4) "licence" means a money-lender's licence granted under this Act; [6]. ["(4A) "licensing authority" means an officer or authority appointed by the Government to perform the functions of a licensing authority under this Act;"]; (5) "loan" means an advance whether of money or in kind at interest, and includes any transaction which the Court finds in substance to Amount to such an advance but does.....

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The Kerala Moneylenders (Amendment) Act, 1987 [1] Complete Act

State: Kerala

Year: 1987

THE KERALA MONEY-LENDERS (AMENDMENT) ACT, 1987 [1] THE KERALA MONEY-LENDERS (AMENDMENT) ACT, 1987 [1] (ACT NO. 16 OF 1987) An Act further to amend the Kerala Money-Lenders Act, 1958. Preamble." WHEREAS it is expedient further to amend the Kerala Money-Lenders Act, 1958, for the purposes hereinafter appearing; BE it enacted in the Thirty-eighth Year of the Republic of India as follows : 1. Short title and commencement." (1) This Act may be called the Kerala Money-Lenders (Amendment) Act, 1987. (2) It shall be deemed to have come into force on the 12th day of May, 1987. 2. Amendment of section 2. "In section 2 of the Kerala Money-Lenders Act, 1958 (35 of 1958) (hereinafter referred to as the principal Act.)" (a) in clause (5)," (i) for sub-clause (vi), the following sub-clause shall be substituted, namely :" "(vi) an advance made by a trader bona fide carrying on any business, other than money lending, if such loan is advanced in the regular course of such business;" (ii) sub-clause (vii) shall be omitted; (b) in clause (7), the opening paragraph shall be substituted as follows, namely : " (7) "money-lender" means a person whose main or subsidiary occu pation is the.....

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