The Chhattisgarh Money-Lenders Act, 1934
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actTHE MADHYA PRADESH MONEY-LENDERS ACT 193,1,
'
Preamble
Sections
No. 13 of 1934
TABLE OF CONTENTS
1. Short title, extent and commencement.
Page
115
2. Definitions. ll 5
2-A. Money-lender to deliver voucher to the debtor 117
containing description of loan etc.
3. Maintenance of accounts by money-lender and 118
supply of statements thereof to debtors.
=
4. Evidential value of copies of accounts.
5, Debtors not bound to
of accounts supplied.
6, Receipt for repayment
admit correctness
of loan.
118
118
118
7. Procedure of court m suits regarding loans. 118
8 S . '119 . avmgs.
9. Power of court to limit interest recoverable in 119
certain cases.
IO: Power of court to limit interest to the extent of 119
principal of loan.
v 11.; Power to direct payment of decretal amount ll!J
by instalments.
11-A. Register of money-lenders. 120
I HB. Registration of money-lenders and regist- 120
ration certificate.
11-\BB. Transfer of old record by Sub-Registrar to 120
Tahsildar.
11-C. Registration fee. l 20
11-b. District in which business is to be carried on. 120
11-E. (omitted) 120
11-F. Bar to carry on business without registration 121
certificate.
11-FF. Penalty for contravention of provisions of 121
section 2-A and section 3(1) (C) of the Act.
11-G. Composition of offences. 121
11-!I. Suit not to proceed without registration 121
certificate, etc.
11-I. Continuance in force of registration certi- 12 i
ficates.
11-J. Interpretation of district. 121
12., Power to make rules. 122
13. Inapplicability of Act to proprietors. 122
14 Inapplicability of Act to certain Corporations. 123
i
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THE MADHYA PRADESH MONEY-LENDERS ACT; 1934
(No. 13 of 1934) 1
An Act to regulate the transactions .of money-lending m
[Madhya Pradesh J2
Preamble.
Whereas it is expedient to make better provision for
the regulation and control of the transactions of money-lending;
And whereas the previous sanction of the Governor - General,
required under sub-section (3) of section 80-A of the Government
of India Act, has been obtained to the passing of this Act ;
It is hereby enacted as follows :-
1. (1) This Act may be called the [Madl;iya Pradesh)3 Money
lenders Act 1934.
(2) [ It extends to and shall be in force in the whole Madhya
Pradesh.]4
Short title, extent and
commencement.
2. In this Act, unless there is anything repugnant in the Definitions.
subject or context- .
(i) "bank" means company carrying on the business of ban
king and, registered under any of the enactments relating to compa
nies for the time being in force in the United Kingdom or in any
of the Colonies or Dependencies thereof, or in [ a part A State or
a Part C State ]5 or incorporated by an Act of Parliament [ of the
United Kingdom]6 or by Royal Ch,rter or Letters Patent or
by any [ Central Act]7;
(ii) "company" means a company registered under any of
~he enactments relating to companies for the time being in force
in the United Kingdom or any of the Colonies or Dependencies
thereof, or in [a Part A State or a Part C State JS, or incorporated
by an act or Parliament [of the United Kingdom]7 or by Royal
Charter or Letters Patent and includes Life Assurance Companies
to which the Indian Life Assurance Companies Act, 1912 [VI of
1912]8, applies;
(iii) "co-operative society" means a society registerred under
the Co-oprative Societies Act, 1912, [II of 1912]9 ;
l. For Statement of Objects and Reasons and Report of Select
Committee, see Centrsl Provinces Gazette, dated the 12th January,
1934 ,!'1':l 3d A,1gus•, 1934, Part II, page~ 3 to 6 andp ages 188 to
194, respectively. Fordiscus,ion, c:ee Central Pmvinces Legislative Council
Proceedings, dated the 18til January, 1934, 23rd January, 1934 and
22nd Allgllst, 1934, pages 15, 150 to 161 of Vol. VII of 193-\ and pages
2
3.
4.
5.
6.
7.
8.
9.
512 to 535 of Vol. VIII of 1934, r~sµcctively.
Subs. by A. 0. 1950, for "C. P. and Bernr".
Sllbs. by M. P. Act 23 of 1958, S. 3 (4), Sch. Part A. item 29 for
"C. P. and Bera1 ".
Subs. by S. 3 (3), ibid, for "Sub-sections (2) and (3) ".
Subs. by A. 0. 1950, for "British India".
Ins. ibid.
Subs, ibid, for "Act of the Central Legislature".
See now the Insurance Act, 1938 (IV of 1938).
See now the Co-operative Societies Act, 1960 (17 of 1960)
116 THE MADHYA PRADESH MONEY-LENDERS ACT, 1934
(iv) "court" includes a court acting in the exercise of insol
vency jurisdiction;
(v) ''many-lender" means a person who, in the regular course
of business, advances a loan as defined in this Act and shall in
clude, subject to the provisions of section 3, the legal representa
tives; and the successors in interest whether by inheritance,
assignment or otherwise of the person who advanced the loan
[ and, money-lending shall be construed accordingly] 1;
[ (vi) "interest" includes the return to be made over and
above what was actully lent whether the same is charged or sought
to be recovered specifically by way of interest or otherwise, whe
ther or not such interest is capitalized within twelve years from
the date of the last transaction J2;
(vii) "loan" [means an actual advance made within twelve
years from the date of the last transaction]3 whether of money
or in kind at interest and shall include any transaction, which the
court finds to be in substance a loan, but it shall not include-
(a)
(b)
(c)
(d)
(e)
[(f)
(g)
a deposit of money or other property in a Government
post office, bank or any other bank or in a company or
with a co-operative society,
a loan to or by or a deposit with any society, or associa
tion registered under the Societies Registration Act,
1860, (XXI of 1860) or under any other enactment,
a loan advanced by [any Government]4or by any local
authority authorized by [any Government]4,
a loan advanced by a bank, a co-operative society or
a company whose accounts are subject to audit by a
certificated auditor under the Companies Act, 1913
(VII of 1913),
an advance made on the basis of a negotiable instru
ment, as defined in the Negotiable Instruments Act,
1881 (:X!.XVI of 18~1 ), other than a promissory note,
a transaction which is a charge created by operation
of law on, or is in substance a sale of , immovable
property. J, 5
a loan advanced to an agricultural labourer by his
employer;
(viii) "prescribed" means prescribed by rules made under
this Act;
[(viii-a) "Sub-Divisional Officer" means the Sub-Divisional
officer within the meaning of section 22 of the Madhya Pradesh
Land Revenue Code, 1959 (No. 20 of 1959); •
1. ! Ins. by C. P. and Berar Act 14 of 1940, S. 2. (i).
2. Subs. by C. P. and Berar Act 18 of 1939, S. 2.
3. Subs. by S. 2 (ii), ibid, for "means an advance''.
4. Subs. by A.O. 1937, for "Government".
5. : Subs. by C. P. and Ben,r Act 23 of 1939, S. 2.
'
Tim MADHYA PRADESH MONEY-LENDERS ACT, 1934 117
(ix) ''Tahsildar" means a Tahsildar appointed under sub
section (1) of section 19 of the Madhya Pradesh Land Revenue
Code, 1959 (No. 20 of 1959]1
2[2-A. (1) Every money-lender shall, on advancing a loan to
a debtor forthwith deliver to the debtor a voucher under his signa
ture evidencing the transaction of loan.
(2) Such voucher shall contain,-
( a) amount or, as the case may be, the quantity of loan
advanced;
(b) sufficient description of movable or immovable pro
perty pledged or mortgaged, as the case may be,
so as to enable identification of property;
(c) the rate of interest chargeable on the loan advanced;
( d) where movable property is being pledged, acknow•
ledgement of the delivery of such movable property
by the debtor and receipt thereof by the moeny
lender; and
(e) such other particulars as may be prescribed.
(3) The money-lender shall also forward a copy of the
voucher delivered to the debtor under-section (1) to the [Sub
Divisional Officerp concerned within such time as may be pres
cribed.]
3. (1) Every money-lender shall-
(a) regularly maintain an account for each debtor separa
tely of all transactions in respect of any loan advanced
to that debtor;
(b)
4[(c)
furnish such debtor every year with a legible state
ment of accounts signed by the money-lender or his
agent or any balance of amount that may be outstan
ding against such debtor on such date and in such
areas as may be prescribed. Such statement of
accounts shall include all transactions in respect of
the loan entered into during the year to which the
statement relates and shall be furnished, in the court
language of the district in which the debtor resides,
and in such manner, in such form, containing such
details and on such date as may be prescribed.
furnish to the [Sub-Divisional Officerl3 concerned a
copy of every statement of account furnished to a
debtor under clause (b).]
l. Subs. by M. P. Act 43 of 1984, S. 2.
2. fos. by M. P. Act 30 of 1982, S. 3.
3. Subs. by M. P. Act 43 of 1984, S. 3., for "Registrar".
4. Ins. by M. P. Act 30 of 1982, S. 4.
Money-lender to deliver
voucher to the debtor
containing description of
loan. etc.
Mail1teuance of accounts
by money-lender and
supply of statements
thereof to debtors
118 THE MADHYA PRADESH MONEY-LENDERS ACT, 1934
Evidential value of copies
of accounts.
Debtors not bound to
admit correctness of
accounts supplied.
(2) The account requited under clause (a) of sub-section
(1) shall be so maintained that items due by way of interest
shall be shown as separate and distinct from the principal sum and
separate totals of principal and interest shall be shown. The
money-lender shall not, in the absence of agreement, include the
interest or any portion of it in the principal sum, and the
principal and interest shall be seperately shown in the opening
balance of each new annual account:
Provided that -
(i)
(ii)
if the loan has, since it was originally advance, passed
by inheritance or assignment to a widow or a minor,
such widow or minor shall not be bound to maintain
and furnish the account under sub-section (1) for a
period of two years from the date of such passing;
nothing in this section shall be deemed to lay upon
any person the duty of maintaining and furnishing
the account under sub-section (1) in the case of a
loan wherein the title to recover is sub-judice bet
ween two or more persons claiming as money-len
ders adversely to each other unless and until the
title has been finally decided by a court of competent
jurisdiction.
4. Copies of entries in the account required to be maintained
under clause ( a) of sub-section ( 1) of section 3, when certified in
such m'.annet as may be prescribed, shall be admissible in evidence
for any purpose in the same manner and to the same extent as the
original entries.
5. A debtor to whom a statement of accounts has been furnished
under clause (b) of sub-section ( 1) of section 3 shall not be bound
to acknowledge or deny its correctness and his failure to protest
shall not by itself be deemed to be an admission of the correctness
of the account.
Receipt for repayment of 6. Every money-lender, who receives repayment from his
Joan. debtor on account of any loan advanced to him, shall forthwith
give a receipt therefor.
Procedure of court 7. Notwithstanding anything contained in any other enact
in suits regarding loans. ment for the time being in force, in any suit or proceeding relating
to a loan-
(a)
(b)
the court shall, before deciding the claim on the
merits, frame and decide the issue whether the money
lender has complied with the provisions of clauses
(a) and (b) of sub-section (1) ofsection 3;
if the court finds that the provisions of clause (a) of
sub-section ( 1) of section 3 or of section 6 have not
been complied with by the money-lender, it shall,
if the plaintiff ,s claim is established in whole or in
part, disallow the whole or anv portion of the interest
found due, as may seem re~sonable to it in the cir
cumst.:mces of the case, and may disallow costs;· and
THE MADHYA PRADESH MONEY-LENDERS AEIT, 193-1 119
( c) if the court finds that the provisions of clause (b) of
sub-section (1) of section 3 have not been complied
with by the money-lender, it shall, in computing
the amount of interest due upon the loan, exclude
every period for which the moneylender omitted duly
to furni~h the account as requied by that clause;
Provided that if the money-lender has, after the time pres
cribed in that clause, furnished the account and the plaintiff
satisfies the court that he had sufficient cause for not furnishing
it earlier, the court may, notwithstanding such omission, include
any such period or periods for the purpose of computing the
interest.
Explanat1on.-A money-lender who has maintained his
account and furnished his annual statement of accounts in the
prescribed form and manner shall be held to have complied
with the provisions of clauses (a) and (b) of sub-section (1) of
section 3 inspite of any errors and omissions, if the court finds
that such errors and omissions arc accidental and not material
and that the accounts have been kept in good-faith with the inten
tion of complying with the provisions of those clauses.
8. The provisions of sections 3, 4, 5, 6 and 7 shall not apply Savings.
to any loan made before this Act comes into force :
Provided that, if any fresh transaction in respect of a loan
made before this Act comes into force is made after this Act comes
into force, such transaction shall be subject to the provisions of
those sections.
9. Notwithstanding anything contained in any other enact
ment for the time being in force, no court [original or appellate]l
shall decree, in respect of any loan made before this Act comes
into force, on account of arrears of interest, a sum greater than
the principal of such loan [ * * * ].'
10. No court shall, in respect of any loan made after this
Act comes into force, decree on account of arrears of interest a sum
greater than the principal of the loan.
11. The court may, at any time on the application of a judg
ment-debtor, after notice to the decree holder, direct that the
amount of any deer ee passed against him, whether before or after
this Act comes into force, in respect of a loan shall be paid in such
number of instalments and subject to such conditions on the dates
fixed by it as, having regard to the circumstances of the Judgement
debtor and the amount of the decree, it considers fit. [During the
pendency of an inquiry under this section, the court may · order
1
the stay of execution of -the decree, subject to such conditions as
it may impose. Such order shall be deemed to have been passed
under section 47 of the Code of Civil Procedure, 1908 (V of 1908)] 3
1"----------------------------
1. Ins. by C. P. Act 24 of 1937. S. J.
2. Words '"w1less it is satisfied that the money-lender had reasonable
grounds for not enforcing his claim eal'itcr" omitted by C. P. Act
18 of 1939 S. 3.
3. Ins. by C. P. Act 19 of 1937, S. 3.
Power of court
to limit interest recove
rable in certain cases.
Power of court to limit
interest to the extent of
principal of loan.
Power to direct payment
of decretal amount by
instalments.
120 .. THE MADHYA PRADESH MONEY-LENDERS ACT, 1934
Register of money-le:1der,.
Registration of money-len
ders and registration
certificate.
Transfer of old record by
Sub-Regisrtrar to Tahsil
dars.
Registration fee.
District in which business
is to be carried on.
1 [11-A.J (1) Every Tahsildar shall maintain a register of money
lenders in such form as may be prescribed] 2
(2) Such register shall be deemed to be a public document
within the meaning of the Indian Evidence Act, 1872 ( I of 18 72),
[ * * ]3
11-B.[ (l)Every person who carries on or intends to carry on
tl:/e business of money lending shall get himself register<'.d by an
application made to the Tahsildar of the tahsil of the district or
al).y one of the districts in which he carries on or intends to carry
ori such business and, on such registration the Tahsildar shall
grant a registration certificate to him in such form as may be pres
cribed :
Provided that no person being a firm or partner of a firm of
money-lenders shall be so registered except upon production before
the Tahsildar of a certified copy of an entry showing such person
as' the firm or partner, as the case may be, made in the Register
ofiFirm under section 59 of the Indian Partnership Act, 1932 (No.
9 ©f 1932)]4•
• (2) The appplication made under sub-section (1) shall be
in• writing and shall specify the district or districts in which the
applicant carries on or intends to carry on the business of money
lending and such other particulars as may be prescribed.
. [11-BB. All the record held by Sub- Registrar prior to 29th
September, 1984 shall stand transferred to the Tahsildar.] 5
6[11-C.[(l). The person who makes an application under·
section 11-B shall pay in the prescribed manner a registration
fee at the rate of fifty rupees per annum in reapect of each
district in which he carries on or intends to carry on the business
of• money-lending :
! Provided that the State Government may, by notification,
exdmpt any class of persons from the paym>.nt of the registration
fee' either generally or for any specified area.]7
(2) A registration certificate may, at the request of the
apJ!llicant therefor, be granted for a p~riod of one year or two
years].
11-D. The registration certificate granted under section 11-B
sha:11 not entitle the holder thereof to carry on the business of
money-Jending in any district other than the district or districts
for which such certificate has been granted.
[11-E. * * * * * ).8
I. Subs. by C. P. aud Berar Act, 14 of 1940, S. 3.
2. Subs. by M. P. Act 43 of 1984, S. 5.
3. Words "or the same Act as applied to Berar" omitted by M. P. Act
23 of 1958, S. 3. (3) Sch. Part A, item 29 .
. 4. Subs by M. P. Act 43 of 1984, S. 6. {f
5. Subs. by S. 7, ibid.
6. Subs. by C. P. and Berar Act 9 of 1949, S. 2.
7. Subs. by M. P. Act 43 of 1984, S. 8.
·. 8. Omitted by C. P. and Berar Act, 9 of 1949. S. 3.
THE MADHYA PRADESH MONEY-LENDERS Af!f, 1934
11-F. (1) No person shall carry on the business of monev
lending in any district unless he holds a vaficl. registration
certificate in respect of that district.
[(2) Whoever contravenes the provisions of sub-section
(I) shall be punishable with fine which may extend to two
hundred rupees or if he has previously been convicted of an
offence under that sub-section, with fine which may extend to
fiw: hundred rupees.] 1
[11-FF. Whoever contravenes the provisions of section 2-A
or clause (C) of sub-section (1) of section 3 shalJ be punishable
with fine which may extend to two hundred rupees, or if he
has previously been convicted of an offence under section 2-A
or clause ( C) of sub-section (I) of section 3, as the case may be,
with fine which may extend to five hundred rupees.]"
Bar to carry on buslnesa
without registration
certificate.
Penalty for contravention
of provisions of sction
2-A and section 3 (l)
(c) of the Act.
U-G. 3[(1) [The Sub-Divisional Officer]4 may accept from Composition of offences.
any person who has committed an offence against sub-section
(1) of section 11-F or section 11-FF a sum of money not ex-
ceeding five hundred rupees by way of compensation for such
offence.]
(2) On payment of such sum of money, no further procee::l
ings shall be taken against such person in respect of such offence,
and if in custody he shall be discharged.
11-H. No suit for the recovery, of a loan advanced by a
money-lender shall proqeed in a civil court u,11til the court is
satisfied that he holds a valid registration certificate or that he
is not required to have a registration certificate by reason of the
fact that he does not carry on the business of mo11ey-lending in
any of the district of [Maclhy?, Pradesh]:"
Provided that this section shall not apply to a suit in~tituted
before the 1st October, 1940.
Suit not to proceed
without registration cer
tificate, etc.
11-I. Notwithstanding the expiry of the Central Provinces Continuance in force of
Money-lenders (Amendment) Act, 1936, (XIII of 1936), any registratioa certificates.
registration certificate granted thereunder by a Sub-Registrar
of a sub-district shall be deemed to have been grant~d in respect
of the district in which the sub-district is situated and shall
continue to be in force for the period for which it was granted.
11-J. For the purposes of sub-section ~2) of section 11-B Interpretatio11 of district.
and 11-C, 11-D, 11-F and 11-I the term "district" slrnll
have the meaning assigned to it in the Central Provinces Land
Revenue Act, 1917 (II of 1917)6 [ * * *]7
1. Subs. by M. P. Act 40 of 1965, S. 3.
2. Ins. by M. P. Act 30 of 1982, S. 5.
3. Subs. by M. P. Act 30 of i982 , S. 6.
4. Subs. by M. P. Act 43 of 1984, S. 9. for "The Collector or the Sub
Divisional Officer within the meaning of section 22 of the Madhya
Pradesh La,1d Revenue Code, 1959 (No. 20 of i959)".
5. Subs by M. P. Act 23 of 1958, for "Mahakoshal region"
6. Now see M. P. Laud Revenue Code, 1959 (20 of 1959).
7. Words "or the Berar Land Revenue Code 1928", omitted by M. P.
Act 23 of 1958, S 3 (3), Sch. Part A, item 29.
122 THE MADHYA! PRADESH MONEY-LENDERS ACT 1934
' '
Power to make rules'.
Inapplicability of Act to
proprietorst
!. 12. (1) All rules for which provision is made in this Act
shlall be made by the State Government and shall be consistent
with this Act.
i (2) All rules shall be subject to the condition of previous
pt1blication.
, ,, (3) In p~rticular and without prejudice to the generality
of,the foregomg power, the State Government may maj{e rules
pr1scribing-
1 [ (a) (i) the other particulars to be stated in the ,voucher ,
under clause (e) of sub-section (2) of section
2-A;
(ii) .the time within which a copy of the voucher
shall be forwarded to the [Sub-Divisional Officer) 2
under sub-section (3) of section 2-A;]
3[(aa)] the manner and form with numerals in which
statement of accounts shall be furnished and the
details to be given in such statement under clause
( b) of sub-section ( 1) of section 3;
(b) the manner in which copies of entries in the account
shall be certified under section 4;
4((c) the form under section 11-A;
(d) the form of registration certificate under sub-section
(I) of section 11-B;
(e) the particulars of an application under sub-section
(2) of section 11-B;
((f) the manner in which · the Registration fee payable
under section 11-C shall be paid;
i (ff) the manner in which refund shall be made; and] 5
(g) the grant of copies of registration certificates].
i
6\[13. This Act shall not apply to a proprietor who advances
grai~ or money exclusively to any of his tenants for seed, land
imp~ovement or agricultural operations.
'
.Explanation.-For the purpose of this section the word
"improvement" shall have the meaning assigned to it in the
Lan;:.J Improvement Loans Act, 1883 (IX of 1883).
l[ * * * * * ]7
Ji. Ins by M. P. Act 30 of 1982, S. 7.
2. Subs. by M. P. Act 43 of 1984, S. 10, for "Registrar'\
3r Renumbered by M. P. Act 30 of 1982, S. 7.
4r Ins. by C. P. and Berar Act 14 of 1940, S. 4.
5, Subs. by C. P. and 5 Berar Act 9 of 1949, S. 4.
I
6. las. by C. P. and Berar Act 37 of 1939, S. 2.
7. Words "and the same Act asapplied to Berar" omitted by M. P.
Act 23 of 1958, S. 3 (3), Sch Part A, item 29.
I .
I
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CHHAmSGARH ACT
(No. 7 of 2006)
THE CHHATTISGARH MONEY LENDING (AMENDMENT) ACT, 2005 .
An Act to amend the Chhattisgarh Money Lenders Act, 1934 (No. 13 of 1934).
Be it enacted by the Chhattisgarh Legislature in the fifty sixth year of the republic of India as follows:-
!.
2.
(I) This Act may be called the Chhattisgarh Money Lenders (Amendment) Act, WM. .
•
(2) It shall come into force from the date of its publication in the· Official Gazette.
(]) In sub-section (I) of Section 11-C of the Principal Act,-
. For the figure and word "50 Rupees" the figure and word" lOOO Rupees" shall be sµbstituted. ·
(2) In sub-section (2) of Section 11-C of the Principal Act,-
For the words "one year or two" the word."five" shall be substituted.
Short title, extent and
Commencement.
Amendment of Sec
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. CHHA TTISGARH ACT
(No. 2 of 2011)
THE CH!IATTISGARH MONEY LENDERS (AMENDMENT) ACT, 2010
' .
An Act further to amend the Chhattisgarh Money Lenders Act, 1934 (No. 13 ur . . .
. -
Be it enacted by the Chhattisgarh Legislature in the Sixty Iii-st year of the Republic of
Indi,i;as follows :- · ·
. Short title . alfd I. (I) This Act m;y be called the Chhattisgarh Money Lenders (Amend_ment) Act,
Commencement.
Amendment
Se'ction 1. ·
of
2010. . . · I •
(2). . It shall come 'in.to force from ·the dat~ of its publ.ication in the Official Gazette.
. .
2. ' For sub-sc~tion (2) of Section I of the Chhattisgarh Money Lenders Act, ·I 934 (No .. 13
of 1934); thcfollowing sub-section shall be substituted, namely:-
"(2) H extends to the.whole of Chhattisgarh except referred Scheduled Areas."
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