The KARNATAKA MICRO LOAN AND SMALL LOAN (PREVENTION OF COERCIVE ACTIONS) ACT, 2025
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 15 OF 2025
THE KARNATAKA MICRO LOAN AND SMALL LOAN (PREVENTION OF
COERCIVE ACTIONS) ACT, 2025
Arrangement of Sections
Sections:
1. Short title, commencement and application
2. Definitions
3. Registration of Micro Finance Institute or Money Lending Agencies
or Organizations or Lender
4. Power to cancel or suspend Registration
5. Lending Norms
6. Micro Finance Institutions or Money Lending Agencies or
Organizations or Lender not to seek security
7. Transparency in rates of interest charged by Micro Finance
Institutions or Money Lending Agencies or Organizations or Lender
8. Penalty for coercive actions against Micro Finance Institutions (MFI)
9. Power to require production of records or documents and power of
entry, inspection and seizure
10. Complaints
11. Appointment of an Ombudsperson
12. Grievances redressal forum
13. Penalty for contravention of section 8 of the Act
14. Every officer to be public servant
15. Relief to borrower from coercive action by the unlicensed and
unregistered Micro finance institutions or Money Lending Agencies
or Organizations or Lender
16. Power to remove difficulties
17. Power to give directions
18. Power to make rules
19. Repeal and savings
STATEMENT OF OBJECTS AND REASONS
Act 15 of 2025:- 1. The micro loan, small loan, private finance and
other unregulated lending mafia are harassing and strangulating the
borrowing community like poor rural indigents, urban workers, weaker and
vulnerable section of the society. The borrower is constrained to pay
sometimes double the amount or more, towards interest. The borrower is
driven to streets and driven to commit suicide, on account of lenders. The
proposed Legislation is to protect and rescue the helpless who happen to
borrow loans and then are doomed in debts.
The proposed Legislation is to protect and relieve the economically
vulnerable groups and individuals, especially women and women self help
groups from the undue hardship of usurious interests rates and coercive
means of recovery by Micro Finan ce Institutions or Money Lending Agencies
or Organizations involved in buying and selling Agricultural commodities by
accepting agricultural produce from farmers or money lenders who lend
money to poor and extract the principal with interest in form of cas h or kind
or shop or commercial establishment or estate entity and for this purpose to
create an effective mechanism to regulate the Micro Finance Institutions or
Money Lending Agencies or Organizations operating in the state of
Karnataka and for matters connected therewith and incidental thereto.
2. The primary objective of the proposed Legislation is to protect
helpless borrowers from coercive and unlawful recovery practices, which
aligns with:
(a) Article 21 -Right to Life and Personal Liberty. The Supreme Court
has repeatedly held that economic exploitation and harassment infringe
upon the dignity of individuals. The proposed Legislation seeks to prevent
financial distress that has led to suicides and severe hardships, thereby
ensuring the protection of fundamental rights.
(b) Articles 38 and 39 of the Directive Principles of State Policy. The
State has a duty to reduce inequalities and prevent the concentration of
wealth in a few hands. The proposed Legislation addresses this by regulating
unregistered lenders who operate outside legal frameworks.
(c) The principle of reasonable classification under Article 14 (Right to
Equality) allows the State to treat different categories of lenders differently
based on legitimate concerns. The proposed Legi slation applies only to
unregistered and unregulated lenders, who are not subject to RBI oversight.
(d) Article 19(6) -Reasonable Restrictions on Trade and Business
which allows the State to regulate professions in the interest of the general
public. The p roposed Legislation does not prohibit lawful lending but
restricts coercive recoveries, which have been a cause of public concern.
(e) The Supreme Court, in cases like State of Gujarat v/s Mirzapur
Moti Kureshi Kassab Jamat (2005), has upheld State interv ention when
public welfare is at stake. Given that coercive lending has led to numerous
cases 10 of farmer suicides and financial ruin, the proposed Legislation is a
proportional response to a pressing social issue.
3. The proposed Legislation imposes pen alties, including
imprisonment and fines.
(a) The punishment aligns with the doctrine of deterrence, as seen in
financial laws like the Prevention of Money Laundering Act (PMLA), 2002,
which imposes strict penalties for financial misconduct.
(b) The Supr eme Court has upheld the power of the legislature to
determine penalties unless they are manifestly arbitrary (State of Andhra
Pradesh v/s McDowell & Co., 1996). Given the impact of coercive lending,
the penalties serve as a necessary deterrent.
4. The pr oposed Legislation mandates the release of securities taken
by unregistered lenders. While this differs from banking practices, it is
justified because:
(a) Article 39(c) Directive principles of state policy, mandates that the
State prevent economic explo itation. Unlike banks, unregistered lenders
operate without regulatory oversight and often acquire securities through
coercion.
(b) Existing legal mechanisms have failed to protect borrowers,
necessitating stronger interventions. The Supreme Court, in D.S . Nakara v.
Union of India (1983), upheld that the State can take proactive measures for
the socio-economic welfare of vulnerable groups.
(c) The Supreme Court, in Krishna Kumar Singh v. State of Bihar
(2017), held that Legislation must be based on immediate necessity. The
urgency of borrower protection justifies the proposed Legislation.
5. The provisions of this Act shall not be applicabl e to legal, registered
and regulated bodies like Banks (including Small Finance Banks, Local Area
Banks, Regional Rural Banks and Business Correspondents of
Banks)regulated by RBI, all Co -operative Banks and all Co -operative
Societies registered under the Karnataka Co -operative Societies Act, 1959
(Karnataka Act 11 of 1959 ) and all Souharda Societies registered under the
Karnataka Souharda Sahakari Act, 1997 (Karnataka Act 17 of 2000) and all
Non-Banking Financial Companies and Housing Finance Co rporations,
registered with RBI.
The proposed Legislation is a necessary and legally sound intervention
to address financial exploitation and does not violate any fundamental rights
but rather strengthens protections for vulnerable borrowers. The principles
of socia l justice, economic fairness, and the protection of life and dignity
justify the need for immediate enforcement.
As the matter was urgent and both the Houses of the State Legislature
were not in session, the Karnataka Micro Loan and Small Loan (Prevention
of Coercive Actions) Ordinance, 2025 (Karnataka Ordinance No. 02 of 2025)
was promulgated to achieve the above object.
This Bill seeks to replace the above ordinance.
Hence, the Bill.
[L.A. Bill No. 06 of 2025, File No. SAMVYASHAE 03 SHASANA 2025]
[Entry 30 of List II and entries 20 and 23 of List III of the Seventh Schedule
to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.188 in part-IVA
dated:25.03.2025]
KARNATAKA ACT NO. 15 OF 2025
(First Published in the Karnataka Gazette Extra-ordinary on the 25th day of March,
2025)
THE KARNATAKA MICRO LOAN AND SMALL LOAN (PREVENTION OF
COERCIVE ACTIONS) ACT, 2025
(Received the assent of the Governor on the 24th day of March, 2025)
An Act to protect and relieve the economically vulnerable groups and
individuals, especially farmers , women and women’s self help groups from
the undue hardship of usurious interest rates and coercive means of
recovery by Micro Finance Institutions or Money Lending Agencies or
Organizations operating in the state of Karnataka and for matters connected
therewith and incidental thereto.
1. Short title, commencement and application. - (1) This Act may
be called the Karnataka Micro Loan and Small Loan (Prevention of Coercive
Actions) Act, 2025.
(2) It shall deemed to have come into force with effect from 12 th day
February, 2025.
(3) Nothing in this Act shall be applicable to legal, registered and
regulated bodies like Banks (including Small Finance Banks, Local Area
Banks, Regional Rural Banks and Business Correspondents of
Banks)regulated by RBI, all Co -operative Banks and all Co -operative
Societies registered under the Karnataka Co -operative Societies Act, 1959
(Karnataka Act 11 of 1959 ) and all Souharda Societies registered
under the Karnataka Souharda Sahakari Act,1997 (Karnataka Act 17 of
2000) and all Non -Banking Financial Com panies and Housing Finance
Corporations, registered with RBI.
(4) The provisions of this Act shall be in continuation of and not in
derogation of any existing law for the time being in force.
2. Definitions.- (1) In this Act, unless the context otherwise
requires,-
(a) "Borrower" means an individual or a Self Help Group (SHG) or
Joint Liability Group (JLG) or group of individuals who avail
money in the form of a loan for any purpose from Micro Finance
Institutions or Money Lending Agencies or Organizations or Lender
under an agreement either orally or in writing with terms and
conditions that the money shall be repaid within a certain period
of time.
(b) "Coercive Action" means the Coercive Action as explained in
section 8.
(c) "Interest" for the purposes of the terms defined under the
provisions of this Act means a return on the amount lent by the
Micro Finance Institutions or Money Lending Agencies or
Organizations or Lender in cash or kind as the case may be, to a
Borrower and includes interest charged on daily, week ly, monthly
or yearly basis;
(d) "Loan" means micro loan, small loan and an advance or hand loan
whether of money or in kind such as seed, fertilizer, etc, given to
the borrower at interest explicitly or otherwise.
(e) “Lender” includes Micro Finance Institutions (MFI) or Money
Lending Agencies or Organizations and any partnership firm or
person or group of persons or digital lending platform whose
principal or incidental activity is to lend money or offer financial
support of whatsoever nature, in cash or kind to earn profit by
charging interest on daily, weekly, monthly or yearly basis.
(f) "Registering Authority" means the Deputy Commissioner of the
concerned District:
Provided that, the State Government may by notif ication
appoint such other designated officer as Registering Authority.
(g) "Vulnerable section of the society" means and includes farmers,
women, self help group of women, agricultural labours, workmen,
footpath vendors, other vendors who move from one place to other,
worker working in milk dairy, construction workers, migrant
workers, those group of people who are disadvantaged as
compared to others mainly on account of reduced access to their
basic services and the underlying determinants of health, housing
sanitation etc. and the people who are economically backward, low
on livelihood patterns with no regular source of income.
(2) Words used but not defined in this Act, shall have the same
meanings respectively assigned to them in the relevant Acts and rul es made
thereunder.
3. Registration of Micro Finance Institute or Money Lending
Agencies or Organizations or Lender.- (1) All Micro Finance Institutions or
Money Lending Agencies or Organizations or Lender operating in the State of
Karnataka as on the date of the commencement of this Act, shall within
thirty days from the date of commencement of this Act, apply for registration
before the Registering Authority of the district specifying there in the villages
or towns in which they have been operating or propose to operate, the rate
of interest being charged, system of conducting due diligence and system of
effecting recovery and list of persons authorized for conducting the activity
of lending or recovery of money which has been lent and the name and
address of the borrower, the total principal amount lent to the borrower, the
amount already recovered from the borrower, the balance amount yet to be
recovered from the borrower, and a w ritten undertaking that it shall always
act in conformity with the provisions of this Act.
(2) No Micro Finance Institutions or Money Lending Agencies or
Organizations or Lender operating or intending to start the business of
lending money after the commen cement of this Act shall grant any loans or
recover any loans without obtaining registration under this Act from the
Registering Authority.
(3) The Registering Authority shall verify the details furnished by the
Micro Finance Institutions or Money Lending Agencies or Organizations or
Lender and accord registration in such manner as may be specified for
operation of Micro Finance Institutions o r Money Lending Agencies or
Organizations or Lender for a period of one year.
(4) Where the Micro Finance Institutions or Money Lending Agencies
or Organizations or Lender applies for renewal of registration, an application
for that purpose shall be filed by the Micro Finance Institutions or Money
Lending Agencies or Organizations or Lender within sixty days before the
expiry of the period of one year referred to in sub -section (3) and the
Registering Authority shall decide either to grant renewal or refuse renewal
of registration at least fifteen days before the date of expiry of registration,
after due verification of the performance of the Micro Finance Institutions or
Money Lending Agencies or Organizations or Lender in the field level and
after hearing objections, if any, from the general public regarding extension
of registration.
(5) Every Registering Authority shall maintain registers as specified for
the area under its jurisdiction of all Micro Finance Institutions or Money
Lending Agencies or Organizations or Lender having valid registration.
4. Power to cancel or suspend Registration. - (1) The Registering
Authority may, at any time, either suo -motu or upon receipt of complaint by
a borrower cancel or recommend to cancel the registration of a Micro
Finance Institution or Money Lending Agencies or Organizations or Lender
after hearing and after assigning sufficient reasons in writing for such
cancellation and no order of cancellation of the registration shall be passed
without issuing notice to the Mic ro Finance Instituti on (MFI) or Money
Lending Agencies or Organizations or Lender intimating the facts upon
which the prima-facie decision to cancel the registration has been taken and
the Micro Finance Institution (MFI) or Money Lending Agencies
Organizations or Lender shall be afforded a reasonable opportunity of being
heard against such notice.
Explanation: For the purposes of sub -section (1), conviction of a
Micro Finance Institution (MFI) or Money Lending Agencies or Organizations
or Lender for an offe nce of violation of any of the provisions of this Act shall
be sufficient cause for cancellation or recommend to cancellation of its
registration.
(2) Pending enquiry under sub -section (1), the Registering Authority
may, for sufficient reasons to be record ed, suspend the registration, of a
Micro Finance Institution (MFI) or Money Lending Agencies or Organization
or Lender.
5. Lending Norms.- The Government may, by notification, specify the
lending norms, collection and recovery practices.
6. Micro Finance Institutions or Money Lending Agencies or
Organizations or Lender not to seek security. - No Micro Finance
Institution (MFI) or Money Lending Agencies or Organizations or Lender
shall seek any security from a borrower by way of pawn, pledge or other
security for the loan:
Provided that, any such security obtained from a borrower before the
date of commencement of this Act shall forthwith stand released in favor of
the borrower.
Explanation: For the p urpose of this Act “security” means, any form
of collateral.
7. Transparency in rates of interest charged by Micro Finance
Institutions or Money Lending Agencies or Organizations or Lender.- (1)
There shall be only four components in the pricing of the loan viz. the
interest charge, the processing charge, the insurance premium and delayed
penal payment.
(2) There shall be a standard loan agreement as specified.
(3) Micro Finance Institutions or Money Lending Agencies or
Organizations or Lender shall provide the borrower a loan card reflecting.-
(i) the effective rate of interest charged;
(ii) all other terms and conditions attached to the loan;
(iii) information which adequately identifies the borrower; and
(iv) acknowledgements by the Micro Finance Institution (MFI) of
all repayments including installm ents received and the final
discharge;
(v) all entries in the Loan Card shall be in Kannada.
(4) The effective rate of interest charged by Micro Finance Institution
(MFI) or Money Lending Agencies or Organizations or Lender shall be
prominently displayed in all its offices and in the literature issued by it and
on the website.
(5) All borrowings by a borrower from Micro Finance Institutions (MFI)
or the Money Lending Agencies or Organization or Lender shall be entered in
the manner, wherein the process of sanc tion and disbursement of loans
shall comply that,-
(i) all communications to the borrower shall be in the kannada;
(ii) Loan application forms shall include necessary information which
may affect the interest of the borrower, so that a meaningful
comparison with t he terms and conditions offered by other Micro
Finance Institutions (MFI) or Money Lending Agencies or
Organization or Lender can be made and a proper decision can be
taken by the borrower. The loan application form shall indicate the
documents required to be submitted with the application form.
(6) Every Micro Finance Institution (MFI) or Money Lending Agencies
or Organization or Lender shall keep and maintain a cash book, a ledger
and such other books of account as may be specified.
(7) Every Micro Finance Institution (MFI) or Money Lending Agencies
or Organization or Lender shall deliver or cause to be delivered, to the
borrower within one day before the date on which a loan is made, a
statement in the specified form showing in clear and distinct terms the
amount and date of the loan and of its maturity, the name and address of
the functionary of the Micro Finance Institution (MFI) or the Money Lending
Agencies or Organization or Lender and the effective rate of interest charged;
(8) Every Micro Finance Institution (MFI) or Money Lending Agencies
or Organization or Lender shall have a registered office in the local area.
(9) No Micro Finance Institution (MFI) or Money Lending Agencies or
Organization or Lender shall receive any payment from a borrower on
account of any loan without giving him/her a duly signed receipt for the
payment.
(10) A Micro Finance Institution (MFI) or Money Lending Agencies or
Organization or Lender shall, on a demand in writing by the borrower,
supply a copy of any document relating to a loan obtained by him/her, or if
the borrower so requires, to any person specified in that behalf in the
demand:
Provided that, in respect of loans given prior to the commencement of
this Act, it shall be obligatory for the lende r to specify if any security was
accepted from the borrower.
(11) Every Micro Finance Institution (MFI) or Money Lending Agencies
or Organization or Lender shall submit a quarterly Statement and annual
statement to the Registering Authority before 10th da y of ensuing quarter
and financial year as the case may be, giving therein the list of borrowers,
the loan given to each and the interest rate charged on the repayment made.
(12) The Micro Finance Institution (MFI) or Money Lending Agencies or
Organization or Lender who fails to submit the quarterly Statement and
annual statement shall be punishable with imprisonment for period of six
months or with fine which may extend to Ten Thousand rupees or with
both.
8. Penalty for coercive actions against Micro Fin ance Institutions
(MFI).- Micro Finance Institution (MFI) or Money Lending Agencies or
Organization or Lender shall not use any coercive action either by itself or
by its agents for recovery of money from the borrower and any form of
coercive recovery shall be liable for punishment under the provisions of this
Act and empower the Registering Authority to suspend or cancel the
Registration of such Micro Finance Institution (MFI) or Money Lending
Agencies or Organization or Lender as provided under the provisions of this
Act.
Explanation: For the purposes of this section, "coercive Action" by a
Micro Finance Institution (MFI) or Money Lending Agencies or Organization
or Lender against the borrowers include the following, namely:-
(i) exerting pressure or obstructing or using violence to or
insulting or intimidating the borrower or his/her family
members, or
(ii) persistently following the borrower, his/her family member from
place to place or interfering with any property owned or used by
him/her or depriving him/her of, or hindering him/her in the
use of any such property, or
(iii) frequenting the house or other place where the borrower resides
or works, or carries on business, or happens to be, with an
intension of taking coercive action, or
(iv) using the service of private or outsource or external agencies,
criminal background to negotiate/urging the borrower to make
payment using coercive and undue influence, or
(v) Seeking to take forcibly any document from the borrower which
entitles the b orrower to a benefit under any Government
programme.
9. Power to require production of records or documents and
power of entry, inspection and seizure. - (1) The Registering Authority or
any officer authorized by him/her in this behalf may, to verify whether the
business of the Micro Finance Institution (MFI) or Money Lending Agencies
or Organization or Lender is being carried on in accordance with the
provisions of this Act, enter the premises of the Micro Finance Institution
(MFI) or Money Lending Agencies or Organization or Lender office or of any
person who in his/her opinion is carrying on the business of lending and
call upon him/her to produce any rec ord or document relating to such
business and every such Micro Finance Institution (MFI) or Money Lending
Agencies or Organization or Lender shall allow such inspection and
produce such record or document during such inspection and as and
when required.
(2) The Registering Authority may, for the purposes of sub -section (1)
search the premises and seize any record and document as may be
necessary and the record or document seized shall be retained only for such
period as may be necessary for the pur poses of examination, prosecution or
other legal action.
(3) The Registering Authority or the other officer referred to in sub -
section (1), shall also have power to summon and examine the Micro
Finance Institution (MFI) or Money Lending Agencies or Organiz ation or
Lender any person who in his/her opinion is in a position to furnish
relevant information.
10. Complaints.- A complaint can be filed regarding violation of the
provision of this Act by a Micro Finance Institution (MFI) or Money Lending
Agencies or Organization or Lender before the concerned/ jurisdictional
police station and the concerned police officer. No police officer shall refuse
to register a case:
Provided that, a Police officer not below the rank of Deputy
Superintendent of Police shall be empowered to file a suo-moto case.
11. Appointment of an Ombudsperson. - The Government may by
notification, appoint an Ombudsperson who can act as mediator between
the borrower or lender, for settling the disputes.
12. Grievances redressal forum .- The Government shall establish
suitable grievance mechanism. The procedure and guidelines for grievance
mechanism shall be in the manner as may be prescribed.
13. Penalty for contravention of section 8 of the Act.- Any person
who contravenes of section 8 of this Act, shall be tried and punishable by
the Judicial Magistrate First Class, with imprisonment for a term which may
extend to ten years and with fine which may extend to rupees five lakh. The
offences under this Act are cognizable and non-bailable.
14. Every officer to be public servant. - Every officer of the
Government and every person acting under the provisions of this Act shall
be deemed to be a public servant within the meaning of sub -section (28) of
section 2 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023).
15. Relief to borrower from coercive action by the unlicensed and
unregistered Micro finance institutions or Money Lending Agencies or
Organizations or Lender. - Notwithstanding anything in any law for the
time being in force or in any contract or instrument having force by virtue of
any such law and save as otherwise expressly provided in this Act, with
effect from the date of commencement of this section,-
(a) Every loan advanced before the commencement of this section
including the amount of interest, if any, payable by the borrower to Micro
finance institutions or Money Lending Agencies or Organizations or Lender
shall be deemed to be wholly discharged for "Vulnerable section of the
society" if unregistered and unlicensed Micro finance institutions or Money
Lending Agencies or Organizations or Lender resort to coercive action.
(b) No Civil Court shall entertain any suit or proceeding against the
borrower for the recovery of any amount of such loan including interest, if
any:
Provided that, where a suit or proceeding is instituted jointly against
the borrower and any other person nothing in this section shall apply to the
maintainability of the suit or the proceeding in so far as it relates to such
other person.
(c) All su its and proceedings (including appeals, revisions,
attachments or execution proceedings) pending on the said date against any
borrower for the recovery of any such loan shall abate.
16. Power to remove difficulties. - If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, by an order,
published in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act which appear to it to be necessary or
expedient for the purposes of removing the difficulty:
Provided that, no such order shall be made under this section after the
expiry of the period of two years from the date of commencement of this Act.
17. Power to give directions. - The Government may, from time to
time, issue such orders, instructions and directions by specifying the
Registers, Forms, Online procedures, Portals, Help Centers not inconsistent
with the provisions of this Act and the rules made thereunder to the officers,
Micro Finance Institutions (MFI) or Money Lendi ng Agencies or
Organizations, borrower, lender for the purpose of proper implementation of
the Act and such officers and all other persons employed in the enforcement
of the Act, shall comply with such orders, instructions and directions.
18. Power to m ake rules. - (1) The State Government may, by
notification in the Official Gazette make rules to carry out the purposes of
this Act.
(2) The power to make rules conferred by this section shall be
subject to the condition of the rules being made after previous publication.
(3) Every rule or notification made under this Act shall be laid as
soon as may be after it is made, before each House of the State Legislature
while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions and if before
the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the
rule or notification or both Houses agree that the rule or notification should
not be made, the rule or notification shall, from the date on which the
modification or annulment is notified have effect only in such modified form
or be of no effect as the case may be; so, however, that any such
modification or annulment shall be without, prejudice to the validity of
anything previously done under that rule or notification.
19. Repeal and savings. - (1) The Karnataka Micro Loan and Small
Loan (Prevention of Coercive Actions) Ordinance, 2025 (Karnataka
Ordinance No. 02 of 2025) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have
been done or any action taken or deemed to have been taken under The
Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions)
Ordinance, 2025 (Karnataka Ordinance No. 02 of 2025) shall be deemed to
have been done under this Act.
The above translation of ಕರ್ನಾಟಕ ಕಿರು (Micro) ಸಾಲ ಮತ್ತ ು ಸಣ್ ಣ ಸಾಲ
(ಬಲವಂತದ ಕ ರ ಮಗಳ ಪ್ ರ ತಿಬಂಧಕ) ಅಧಿನಿಯಮ, 2025 (2025 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ
ಸಂಖ್ಯೆ :15) be published in the official Gazette under c lause (3) of Article 348
of the constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARANATAKA
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary
Affairs and Legislation
Lex