¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉè

jÉø 14, ¶ÉEäò 1936

RNI No. MAHENG/2009/35528
1
Reg. No. MH/MR/South-344/2014-16

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 32
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Ê´ÉvÉÒ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Money-Lending (Regulation) Act, 2014 (Mah. Act No. VIII of 2014),
is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

H. B. PATEL,
Principal Secretary to Government,
Law and Judiciary Department.
——————————
MAHARASHTRA ACT No. VIII OF 2014.
(First published, after having received the assent of the Hon’ble President in
the “Maharashtra Government Gazette”, on the 4th April 2014.)
An Act to regulate the transactions of money-lending in the
State of Maharashtra.
WHEREAS the harassment at the hands of money-lenders had been
increased in the State resulting into the frequent suicides by farmers ;
AND WHEREAS the then existing enactment on money-lending was
found to be inadequate to protect the farmers-debtors and to prevent them
from the harassment by the money-lenders ;
AND WHEREAS under the circumstances it became absolutely
necessary for the Government to take appropriate and stringent social and
legal measures to effectively prevent the harassment to the farmers-debtors
at the hands of the money-lenders ; it was expedient to make a new law
having better provisions for the regulation and control of transactions of
money-lending in the State of Maharashtra ;
AND WHEREAS both Houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that
circumstances existed which renderd it necessary for him to take immediate
action to make a law, for the purposes aforesaid ; and, therefore, promulgated
Mah. the Maharashtra Money-Lending (Regulation) Ordinance, 2014, on the 16th
Ord. I of
2014. January 2014 ;
¦ÉÉMÉ +É`ö------32-1 (1)
2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
AND WHEREAS it is expedient to replace the said Ordinance by an Act
of the State Legislature; it is hereby enacted in the Sixty-fifth Year of the
Republic of India as follows :—
Short title, 1. (1) This Act may be called the Maharashtra Money-Lending
extent and (Regulation) Act, 2014.
commence-
ment. (2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 16th January 2014.
Definitions. 2. In this Act, unless the context otherwise requires,—
(1) “bank” means a banking company or a co-operative bank to which
the Banking Regulation Act, 1949 applies and includes,— 10 of
1949.

(a) the State Bank of India constituted under the State Bank 23 of
of India Act, 1955 ; 1955.

(b) a subsidiary bank as defined in the State Bank of India 38 of

(Subsidiary Banks) Act, 1959 ; 1959.
(c) a corresponding new bank constituted under the Banking 5 of
Companies (Acquisition and Transfer of Undertakings) Act, 1970, 1970.
or, as the case may be, under the Banking Companies (Acquisition 40 of
1980.
and Transfer of Undertakings) Act, 1980 ; and

(d) any other banking institution referred to in section 51 of

the Banking Regulation Act, 1949 ; 10 of
1949.

(2) “ banking company ” shall have the same meaning as assigned

10 of
to it by clause (c) of section 5 of the Banking Regulation Act, 1949 ;
1949.

(3) “ business of money-lending ” means the business of advancing

loans whether in cash or kind and whether or not in connection with, or
in addition to any other business ;
(4) “ capital ” means a sum of money which a money-lender invests
in the business of money-lending ;
(5) “ company ” means a company as defined in the Companies Act, 1 of
1956 or the Companies Act, 2013 ; 1956.
18 of
2013.
(6) “ Co-operative Bank”, “ co-operative society ”, “ multi-state
co-operative Bank ” and “ primary credit society ” shall have the same
meanings as assigned to them by clause (c) of section 56 of the Banking 10 of
Regulation Act, 1949 ; 1949.

(7) “debtor” means a person to whom a loan is advanced whether in

cash or kind and includes his successor in interest or surety ;
(8) “ inspection fee ” means the fee leviable under section 12 in
respect of inspection of books of accounts of a money-lender ;
(9) “ interest ” includes any sum by whatsoever name called, in excess
of the principal paid or payable to a money-lender in consideration of,
or otherwise in respect of, a loan, but does not include any sum lawfully
charged by a money-lender for, or, on account of costs, charges or
expenses in accordance with the provisions of this Act, or any other law
for the time being in force ;
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 3
(10) “ investment in business” means total amount invested, from
time to time, in business of money-lending by a money-lender ;
(11) “ licence ” means a licence granted under this Act ;
(12) “ licence fee ” means the fee payable in respect of a licence ;
(13) “ loan” means an advance at interest whether of money or in
kind but does not include,—
(a) a deposit of money or other property in a Government
Post Office bank or in any other bank or in a company or co-operative
society ;
(b) a loan to, or by, or a deposit with any society or association
21 of registered under the Societies Registration Act, 1860 or any other
1860. enactment relating to a public, religious or charitable object ;
(c) a loan advanced by the Government or by any local authority
authorized by the Government ;
(d) a loan advanced to a Government servant from a fund,
established for the welfare or assistance of Government servants,
and which is sanctioned by the State Government ;
(e) a deposit of money with, or a loan advanced by, a co-operative
society ;
(f) an advance made to a subscriber to, or a depositor, in a
provident fund from the amount standing to his credit in the fund
in accordance with the rules of the fund ;
(g) a loan to, or by, an insurance company as defined in the
4 of Insurance Act, 1938 ;
1938.
(h) a loan to, or by, a bank ;
(i) a loan to, or by, or deposit with, any corporation (being a
body not falling under any of the other provisions of this clause),
established by or under any law for the time being in force which
grants any loan or advance in pursuance of that Act ;
(j) an advance of any sum exceeding rupees three thousand
made on the basis of a negotiable instrument as defined in the
26 of Negotiable Instruments Act, 1881, other than a promissory note ;
1881.
(k) an advance of any sum exceeding rupees three thousand
made on the basis of a hundi (written in English or any Indian
language) ;
(l) an advance made bonafide by any person carrying on any
business, not having for its primary object the lending of money, if
such advance is made in the regular course of his business ;
(m) except for the purposes of sections 29 and 31,-
(i) a loan, by a landlord to his tenant for financing of crops
or seasonal finance, of not more than Rs. 1,000 per acre of land
held by the tenant ;
(ii) a loan advanced to an agricultural labourer by his
employer ;
Explanation.—The expression “ tenant ” shall have the meaning assigned
LXVII of to it in the Maharashtra Tenancy and Agricultural Lands Act, or any other
1948. relevant tenancy law in force relating to tenancy of agricultural lands, and
the expressions “ financing of crops ” and “ seasonal finance ” shall have
XXVIII of the meanings assigned to them in the Maharashtra Agricultural Debtors’
1947.
Relief Act ;
¦ÉÉMÉ +É`ö------32-1+
4 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
(14) “ money-lender ” means,—
(i) an individual ; or
(ii) an undivided Hindu family ; or
(iii) a company other than a non – banking financial company
regulated under Chapter IIIB of the Reserve Bank of India Act, 1934 ; 2 of
1934.
(iv) an unincorporated body of individuals, who or which,—
(a) carries on the business of money-lending in the State ;
or
(b) has his or its principal place of such business in the
State; and
includes a pawn-broker, but does not include,—
(i) Government ;
(ii) a local authority ;
(iii) a Bank ;
(iv) a Co-operative Bank ;
(v) a multi-state Co-operative Bank ;
(vi) a Non- Banking Financial Company ;
(vii) a primary credit society ;
(viii) a Regional Rural Bank ;
(ix) the Reserve Bank of India ;
(x) the Agricultural Refinance Corporation
constituted under the Agricultural Refinance Corporation 10 of
Act, 1963 ; or 1963.
(xi) any other banking or financial institution which
the State Government may, by notification in the Official
Gazette specify in this behalf ;
(15) “pawn-broker” means a money-lender who in ordinary course
of his business advances a loan and takes goods in pawn as security for
payment of such loan ;
(16) “ prescribed ” means prescribed by rules made under this
Act ;
(17) “ principal ”, in relation to a loan, means the advance actually
made to a debtor whether in cash or in kind ;
(18) “ Regional Rural Bank ” means a bank established under section
3 of the Regional Rural Banks Act, 1976 ; 21 of
1976.
(19) “ recognized language ”, in relation to Brihan Mumbai, means
Marathi or Hindi and elsewhere, the language recognized by the
Government ;
(20) “ register ” means a register of money-lenders maintained
under section 7 ;
(21) “ Registrar General ” means the Registrar General of Money-
Lending appointed under section 3 ;
(22) “ rules ” means the rules made under this Act ;
(23) “ State ” means the State of Maharashtra ;
(24) “ suit to which this Act applies ” means any suit between a
money-lender and a debtor or his successor arising out of a loan advanced
whether before or after the commencement of this Act ;
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 5
(25) “ trader ” means a person who in the regular course of business
buys and sells goods or other property, whether movable or immovable,
and includes,—
(i) a wholesale or retail merchant,
(ii) a commission agent,
(iii) a broker,
(iv) a manufacturer,
(v) a contractor,
(vi) 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.
3. (1) The State Government may, by notification in the Official Appointment
Gazette, appoint the Registrar General of Money-Lending and such number of Registrar
General and
of Divisional Registrars, District Registrars and Assistant Registrars as it other officers
thinks proper. to assist
him.
(2) The Registrar General shall have jurisdiction throughout the State.
The Divisional Registrar shall have jurisdiction throughout his division, the
District Registrar shall have jurisdiction throughout his District and the
Assistant Registrar shall have jurisdiction, in such area of the District as
the State Government may, by order, specify. The Divisional Registrar shall
be subordinate to the Registrar General, the District Registrar shall be
subordinate to the Divisional Registrar and the Assistant Registrar shall be
subordinate to the District Registrar.
4. No money-lender shall carry on the business of money-lending except Money- lender
in the area for which he has been granted a licence and except in accordance not to carry
on business of
with the terms and conditions of such licence. money-
lending
except for
area under
licence and
except in
accordance
with terms of
licence.

5. (1) Every money-lender shall annually, before such date as may be Application
prescribed, make an application in the prescribed form for the grant of licence for licence.
to the Assistant Registrar of the area within the limits of which, the place
where he carries on or intends to carry on the business of money-lending is
situated. When he carries on or intends to carry on such business at more
than one place, a separate application in respect of each such place shall be
made to such Assistant Registrar. Such application shall contain the following
particulars, namely :—
(a) the true name in which such money-lender intends to carry on
business and the true name of the person propose to be responsible for
the management of the same ;
6 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
(b) if the application is by or on behalf of,—
(i) an individual, the true name and address of such individual;
(ii) an undivided Hindu family, the true names and addresses
of the manager and the adult coparceners of such family ;
(iii) a company, the true names and addresses of the directors,
managers or principal officer managing it ;
(iv) an unincorporated body of individuals, the true names and
addresses of such individuals;
(c) the area and the place or principal place of the business of money-
lending in the State ;
(d) the name of any other place in the State where the business of
money-lending is intended to be carried on;
(e) whether the person signing the application has himself or any
of the adult coparceners of an undivided Hindu family, or any director,
manager or principal officer of the company or any member of the
unincorporated body on behalf of which such application has been made,
as the case may be, has carried on the business of money-lending in the
State in the year ending on the 31st day of March immediately preceding
the date of application either individually, or in partnership, or jointly
with any other coparcener or any other person and whether in the same
name or any other name ;
(f) the total amount which such person intends to invest in the
business of money-lending in the year for which the application has
been made ;
(g) if the places at which the business of money-lending is to be
carried on are more than one, the true names of persons who shall be in
the management of business at each such place.
(2) The application shall be in writing and shall be signed,—
(a) (i) if the application is made by an individual, by the individual;
(ii) if the application is made on behalf of an undivided Hindu family,
by the manager of such family ;
(iii) if the application is made by a company or unincorporated body,
by the managing director or any other person having control of its
principal place of business;
(b) by an agent authorized in this behalf by a power of attorney by
the individual money-lender himself, or the family or the company or
the unincorporated body, as the case may be.
(3) The application shall also contain such other particulars as may be
prescribed.
(4) Every application shall be accompanied by the prescribed
licence fee.
(5) The fee payable under this section shall be paid in the manner
prescribed and shall not be refunded, notwithstanding the fact that the
application is withdrawn or subsequently rejected.
Grant of 6. On receipt of an application under section 5, the Assistant Registrar
licence and shall make necessary enquiry to satisfy himself about the bonafides and
entry in
register. conduct of the applicant and shall forward the application together with his
report, to the District Registrar. Subject to the provisions of this Act, the
District Registrar may, after making such further inquiry, if any, as he deems
fit, grant the applicant a licence in such form and subject to such conditions
as may be prescribed, and direct the Assistant Registrar to enter the name
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 7
of such applicant in the register maintained by him under
section 7 :
Provided that, the District Registrar shall grant such licence in the
Scheduled Areas, after consultation with the Gram Sabha and the Panchayat
concerned, and where the area of licence extends to more than one Gram
Sabha or Panchayat, then all the concerned Gram Sabhas and Panchayat
Samitis within whose area of jurisdiction the money-lender carries or intends
to carry on the business of money-lending :
Provided further that, the decision taken by majority of the Gram Sabhas
concerned by passing a resolution in any of the above matters shall be binding
on the concerned Panchayat Samiti.
Explanation.— For the purposes of this section,—
(i) the expressions “Gram Sabha”, “ Panchayat ” and “ Scheduled
Areas ” shall have the meanings, respectively, assigned to them in the
III of Maharashtra Village Panchayats Act;
1959.
(ii) the expression “ Panchayat Samiti ” shall have the meaning
Mah. V assigned to it in the Maharashtra Zilla Parishads and the Panchayat
of 1962. Samitis Act, 1961.
7. Every Assistant Registrar shall maintain, for the area of his Register of
jurisdiction, a register of money-lenders in such form as may be prescribed. money-
lenders.
8. (1) The grant of a licence shall not be refused except on any of the Refusal of
following grounds :— issue of
licence.
(a) that the applicant, or any person responsible or proposed to be
responsible for the management of his business as a money-lender is
disqualified from holding a licence ;
(b) that the applicant has not complied with the provisions
of this Act or the rules in respect of an application for the grant
of a licence ;
(c) that the applicant has made willful default in complying with or
knowingly acted in contravention of any requirement of this Act ;
(d) that satisfactory evidence has been produced before the
District Registrar that the applicant or any person responsible or
proposed to be responsible for the management of the business of
money-lending has,—
(i) knowingly participated in or connived at any fraud or
dishonesty in the conduct of or in connection with the business of
money-lending ; or
(ii) been found guilty of an offence under Chapter XVII
45 of or sections 465, 477 or 477-A of Chapter XVIII of the Indian
1860. Penal Code.
(2) The District Registrar shall, before refusing a licence under
sub-section (1), give to the applicant a reasonable opportunity of
producing evidence, if any, in support of the application and of showing
cause why the licence should not be refused ; and record the evidence
adduced before him and his reasons for such refusal.
(3) An appeal shall lie from the decision of the District Registrar
refusing a licence under sub-section (1), to the Divisional Registrar,
whose decision thereon shall be final.
8 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
(4) An appeal against the decision of the District Registrar under
sub-section (1) may be filed within three months from the date of the
decision:
Provided that, the Divisional Registrar may, for reasons to be
recorded, entertain the appeal after the expiry of a period of three
months from the date of decision of the District Registrar under sub-
section (1), if he is satisfied that the appellant was prevented, for the
reasons beyond his control, from filing the appeal within a period of
three months.
Revisionary 9. The Registrar General may, suo motu or on an application, call for
powers of and examine the record of any enquiry or proceedings of any matter where
Registrar the order has been passed or decision has been given by an officer subordinate
General.
to him, and no appeal lies against such decision or order for the purpose of
satisfying himself as to the legality and propriety of the decision or order
and as to the regularity of the proceedings. If during the course of such inquiry,
the Registrar General is satisfied that the decision or order so called for
should be modified, annulled or reversed, he may, after giving a person likely
to be affected thereby an opportunity of being heard, pass such order thereon
as he may seem just.

Term of 10. A licence shall be valid from the date on which it is granted to the
licence. 31st day of March following :
Provided that, where an application for renewal of licence has been
received by the Assistant Registrar within the prescribed period, the licence
shall, until the application is finally disposed of, be deemed to be valid.
District 11. (1) The District Registrar may, during the term of any licence,
Registrar’s cancel the same by an order in writing on the ground that the person to
power to
whom it was granted has been guilty of any act or conduct for which he
cancel licence.
might, under section 8, have refused him the grant of the licence and which
act or conduct was not brought to his notice at the time of the grant.
(2) Before cancelling a licence under sub-section (1), the District
Registrar shall give notice in writing to the licencee and may hold such
inquiry as may be necessary.
(3) An appeal shall lie from an order of the District Registrar cancelling
a licence under sub-section (1), to the Divisional Registrar whose decision
thereon shall be final.
(4) An appeal against the order of the District Registrar under sub-
section (1) may be filed within three months from the date of the order :
Provided that, the Divisional Registrar may, for the reasons to be
recorded, entertain the appeal after the expiry of the period of three months
from the date of the order of the District Registrar under sub-section (1), if
he is satisfied that the appellant was prohibited, for the reasons beyond his
control, from filing the appeal within the period of three months.
Levy of 12. (1) An inspection fee shall, in addition to the licence fee leviable
inspection fee. under section 5, be levied on a money-lender applying for a renewal of a
licence at the rate of one per cent. of the maximum capital utilized by him
during the period of licence sought to be renewed or rupees one hundred,
whichever is more.
(2) An application for renewal of a licence shall not be allowed unless
the inspection fees under sub-section (1) is paid.
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 9
Explanation.—For the purposes of this section, “ maximum capital ”
means the highest total amount of the capital sum which may remain invested
in the money-lending business on any day during the period of licence.
13. (1) No court shall pass a decree in favour of a money-lender in any Suits by
suit unless the court is satisfied that at the time when the loan or any part money-
thereof, to which the suit relates was lent, the money-lender held a valid lenders not
holding
licence, and if the court is satisfied that the money-lender did not hold a licence.
valid licence, it shall dismiss the suit.
3 of (2) Nothing in this section shall affect the powers of a Court of Wards,
1909. or an Official Assignee, a receiver, an administrator or a Court under the
5 of
1920.
provisions of the Presidency Towns Insolvency Act, 1909, or the Provincial
1 of Insolvency Act, 1920 or any other law in force corresponding to that Act, or
1956. of a liquidator under the Companies Act, 1956, or the Companies Act, 2013,
18 of as the case may be, to realise the property of a money-lender.
2013.

14. (1) Any person may, during the validity of a licence, file an Application
application to the District Registrar for the cancellation of the licence issued for
cancellation
to a money-lender on the ground that such money-lender has been guilty of of licence.
any act or conduct for which the District Registrar may under section 8,
refuse him the grant of a licence. At the time of filing his application, the
said person shall deposit such amount not exceeding Rs. 100, as the District
Registrar may deem fit.
(2) On the receipt of such application and deposit or of a report to that
effect from an officer acting under section 16, the District Registrar shall
hold an inquiry and if he is satisfied that the money-lender has been guilty
of such act or conduct, he may cancel the licence of the money-lender and
may also direct the return of the deposit made under sub-section (1).
(3) If in the opinion of the District Registrar an application made under
sub-section (1) is frivolous or vexatious, he may, out of the deposit made
under sub-section (1), direct to be paid to the money-lender such amount as
he deems fit as compensation.
15. For the purposes of sections 6 and 16, the Registrar General, Registrar
Divisional Registrar, District Registrar, Assistant Registrar and the officer General and
his
authorized under section 16; and for the purposes of section 14, the District subordinates
Registrar shall have and may exercise the same powers as are vested in a to have
5 of Civil Court under the Code of Civil Procedure, 1908, in respect of the powers of
1908. following matters, namely :— Civil Court.

(a) enforcing the attendance of any person and examining him on

oath ;
(b) compelling the production of documents and material objects ;
(c) issuing commissions for the examination of witnesses ; and
(d) proof of facts by affidavits.
16. For the purpose of verifying, whether the business of money- Power of
lending is carried on in accordance with the provisions of this Act, authorized
officer to
Registrar General, Divisional Registrar, District Registrar and Assistant require
Registrar or any other officer authorized by the State Government in this production of
behalf may require any money-lender or any person in respect of whom the records or
Registrar General, Divisional Registrar, District Registrar and Assistant documents.
Registrar or the officer authorized by him, has reason to believe that he is
carrying on the business of money-lending in the State, to produce any record
or documents in his possession which in his opinion is relevant for the
¦ÉÉMÉ +É`ö------32-2
10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
purpose and thereupon such money-lender or person shall produce such
record or documents. The Registrar General, Divisional Registrar, District
Registrar and Assistant Registrar or officer so authorized may, after
reasonable notice, at any reasonable time enter and search without warrant
any premises where he believes such record or documents to be kept and
inspect such record or documents and may ask any question necessary for
interpreting or verifying such record.
Disposal of 17. (1) If upon the inspection of record and documents made under
property
pledged with
section 16, the inspecting officer is satisfied that the money-lender is in
money-lender possession of property pledge to him by a debtor as security for the loan
carrying on advanced by money-lender in the course of his business of money-lending
business of without a valid licence, the inspecting officer shall require the money-lender
money-
lending to deliver forthwith the possession of such property to him.
without valid
(2) Upon the property being delivered to him, the inspecting officer, if
licence.
he is not the District Registrar, shall entrust it to the District Registrar and
the District Registrar (when he is also the inspecting officer) shall keep it in
his custody for being disposed of as hereinafter provided.
(3) On delivery of the property under sub-section (1) or sub-section (2),
the District Registrar shall, after due verification and identity thereof,
return it to the debtor who has pledged it or, where the debtor is dead, to
his known heirs.
(4) If the debtor or his known heirs cannot be traced, the District
Registrar shall, within ninety days from the date of taking possession of the
property, publish a notice in the prescribed manner inviting claims thereto.
If, before the expiry of the said period, a claim is received, whether in answer
to the notice or otherwise, he shall adjudicate upon and decide such claim. If
the District Registrar is satisfied that any claim is valid, he shall deliver the
possession of the property to the person claiming it on his giving a receipt
therefor; and such delivery of the property to the person claiming it shall
discharge the District Registrar of his liability in respect of such property
against any other person. If the claim is refused, the property shall stand
forfeited to the State Government.
(5) Whether the possession of the property pledged by a debtor cannot,
for any reason (including identity thereof) be delivered to him, then the
money-lender to whom it was pledged shall be required to pay to the debtor
or if he is dead, to his known heir, the value of such property if such debtor
or, as the case may be, the heir claims the property. If the money-lender
fails to pay the value, it may be recoverable from him as an arrear of land
revenue; and on recovery of the value, it shall be delivered to the debtor by
whom such property was pledged or, as the case may be, to the heir.
(6) If there is any difference of opinion between the money-lender and
the debtor or, as the case may be, his heir on the question of value of the
property or its identity, the question shall be referred to the Divisional
Registrar for decision and his decision on the question shall be final.
(7) The value of the property may be determined with the assistance of
the services of an expert appointed by the State Government in that behalf.
The expert may be paid such honoraria as the State Government or any
officer not below the rank of Tahsildar appointed by it may, by an order in
writing, from time to time, in relation to any area or areas, determined.
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 11
18. (1) If, on the basis of facts disclosed, during verification under Return of
section 16 or inspection under section 17, or by an application from a debtor immovable
property
or otherwise, the District Registrar has reason to believe that any immovable acquired in
property, which has come in possession of the money-lender by way of sale, course of
mortgage, lease, exchange or otherwise, within a period of five years from money-
the date of verification or the inspection or the date of receipt of application lending.
from debtor, in the nature of the property offered by the debtor to the money-
lender as a security for loan advanced by the money-lender in course of money-
lending, the District Registrar may, himself or through an inquiry officer, to
be appointed for the purpose, in the manner prescribed, hold further inquiry
into the nature of the transaction.
(2) If upon holding the inquiry as per sub-section (1), the District
Registrar is satisfied that the immovable property came in possession of the
money-lender as a security for loan advanced by the money-lender during
the course of money-lending, the District Registrar may, notwithstanding
anything contained in any other law for the time being in force, after recording
the reasons, declare the instrument or conveyance as invalid and may order
restoration of possession of the property to the debtor who has executed the
instrument or conveyance as a security or to his heir or successor, as the
case may be.
(3) Before passing an order or giving decision as per sub-section (2),
the District Registrar shall give an opportunity to the person concerned to
state his objections, if any, within fifteen days from the date of receipt of
notice by him and may also give personal hearing, if he so desires.
(4) Any person aggrieved by the order or decision of the District
Registrar under sub-section (2) may, within one month from the date of order
or decision, appeal to the Divisional Registrar :
Provided that, the Divisional Registrar may admit the appeal after expiry
of the period of one month, if the appellant satisfies him that he had sufficient
cause for not preferring the appeal within the period.
(5) The order passed by the Divisional Registrar in appeal preferred
under sub-section (4) shall be final.
(6) Subject to the appeal provided under sub-section (4), the order
passed or decisions given by the District Registrar under sub-section (2),
shall be sufficient conveyance and it shall be the duty of every officer
entrusted with the work relating to maintenance of land records under the
Mah. Maharashtra Land Revenue Code, 1966, or under any other law for the time
XLI of being in force, to give effect to such order in his records.
1966.
19. (1) (i) A Court passing an order of conviction against a money- Court’s power
lender for an offence under this Act, or to cancel or
suspend
(ii) a Court trying a suit, if satisfied that such money-lender has committed
licence.
such contravention of the provisions of this Act or the rules as would, in its
opinion, make him unfit to carry on the money-lending ,—
(a) may order that all the licences held by such money-lender
in the State be cancelled or suspended for such time as it may think
fit, and
(b) may, if it thinks fit, declare any such money-lender, or if any
money-lender is an undivided Hindu family, a company or an
unincorporated body, such family, company or body and also any person
responsible for the management of the money-lending carried on by such
12 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
family, company or body, to be disqualified from holding any licence in
the State, for such time as the Court may think fit :
Provided that, where any licence held by any money- lender is suspended
or cancelled or any money-lender is disqualified from holding any licence
under this section, he may appeal against such order to the Court to which
an appeal ordinarily lies from the decision of the Court passing the order,
and the Court which passed the order or the Court of appeal may, if it thinks
fit, pending the appeal, stay the operation of the order under this section.
(2) Where a Court convicts a money-lender of an offence under this
Act, or makes an order or declaration, under sub-clause (a) or (b) of clause
(ii) of sub-section (1), it shall cause the particulars of the conviction, order or
declaration, as the case may be, to be endorsed on all the licences held by
the money-lender convicted or by any other person affected by the order or
declaration and shall cause copies of its order or declaration to be sent to
the District Registrar by whom the licences were granted for the purpose of
entering such particulars in the registers.
(3) Any licence required by a Court for endorsement in accordance with
sub-section (2) shall be produced by the person by whom it is held in such
manner and within such time as may be directed by the Court and any person
who, without reasonable cause, makes default in producing the licence so
required shall be liable, on conviction, to a fine not exceeding rupees one
thousand for each day for the period during which the default continues.
(4) Powers conferred on a Court under this section may be exercised by
any Court in appeal or in revision.
No compen- 20. Where any licence is suspended or cancelled under this Act, no
sation for person shall be entitled to any compensation or the refund of any licence fee
suspension or
or inspection fee.
cancellation of
licence.

Persons 21. A person whose licence has been suspended or cancelled in

debarred from accordance with the provisions of this Act shall, during the period of
doing money-
lending during
suspension or cancellation, as the case may be, be disqualified for carrying
period of on business of money-lending in the State.
suspension or
cancellation of
licence.

Person 22. No person whose licence has been endorsed under section 19 or
whose licence who has been disqualified from holding a licence shall apply for, or be eligible
is suspended
to hold, a licence, without giving particulars of such endorsement or
or cancelled
not to apply disqualification.
without giving
particulars of
endorsement
or of
disqualificati-
on.

Promissory 23. No money-lender shall take any promissory note, acknowledgment,

note, Bond, bond or other writing which does not state the actual amount of the loan, or
etc., to be which states such amount wrongly or execute any instrument in which blanks
factual.
are left to be filled in after execution, without mentioning the date and amount
of loan.
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 13
24. (1) Every money-lender shall keep and maintain a cashbook and a Duty of
ledger in such form and in such manner as may be prescribed. money-lender
to keep
(2) Every money-lender shall,— accounts and
furnish copies.
(a) deliver or cause to be delivered,—
(i) to the debtor within thirty days from the date on which a
loan is made, a statement in any recognized language showing in
clear and distinct terms the amount and date of the loan and of its
maturity, the nature of the security, if any, for the loan, the name
and address of the debtor and of the money-lender and the rate of
interest charged:
Provided that, no such statement shall be required to be
delivered to a debtor, if he is supplied by the money-lender with a
pass book which shall be in the prescribed form and shall contain
an up to date account of the transactions with the debtor ;
(ii) to the Assistant Registrar within the said period a
statement containing the particulars referred to in sub-clause (i);
(b) upon repayment of the loan in full, mark indelibly every paper
signed by the debtor with words indicating payment or cancellation,
and discharge every mortgage, restore every pledge, return every note
and cancel or re-assign every assignment given by the debtor as security
for the loan.
(3) Notwithstanding anything contained in sub-clause (ii) of clause (a)
of sub-section (2), the State Government may, by an order in writing, permit
such class of money-lenders as may be specified in the order to deliver or
cause to be delivered to the Assistant Registrar a statement containing the
particulars referred to in sub-clause(i) of clause (a) of sub-section (2) in respect
of all loans made during every such period as may be specified in the order,
and upon the issue of such order a money-lender electing to deliver a
periodical statement as provided in this sub-section, shall deliver or cause
to be delivered the same within a period of thirty days from the date of
expiry of every such period.
(4) No money-lender shall receive any payment from a debtor on account
of any loan without giving him a plain and complete receipt for such payment.
(5) No money-lender shall accept from a debtor any article as a pawn,
pledge or security for a loan without giving him a plain signed receipt for
the same with its description, estimated value, the amount of loan advanced
against it and such other particulars as may be prescribed. The money-lender
shall maintain the duplicates of such receipts in a separate register.
25. (1) Every money-lender shall deliver or cause to be delivered every Delivery of
year to each of his debtors a legible statement of such debtor’s account signed statements of
accounts and
by the money-lender or his agent of any account that may be outstanding
copies thereof
against such debtor. The statement shall show,— by money-
lenders.
(i) the amount of principal, the amount of interest and the amount
of fees referred to in section 26, separately, due to the money-lender at
the beginning of the year ;
(ii) the total amount of loans advanced during the year ;
(iii) the total amount of repayments received during the year ; and
(iv) the amounts of principal and interest due at the end of
the year.
¦ÉÉMÉ +É`ö------32-3
14 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
The statement shall be signed by the money-lender or his agent,
and shall be in any recognized language. It shall be in such form and
shall be supplied to the debtor on or before such date as may be
prescribed:
Provided that, no such statement shall be required to be delivered
to a debtor if he is supplied by the money-lender with a pass book which
shall be in the prescribed form and shall contain an up to date account
of the transactions with the debtor.
The money-lender shall on or before the aforesaid date deliver or
cause to be delivered a statement containing the particulars specified
in clauses (i) to (iv) to the Assistant Registrar.
(2) In respect of any particular loan, the money-lender shall, on demand
in writing being made by the debtor at any time during the period when the
loan or any part thereof has not been repaid, and on payment of the prescribed
fee supply to the debtor, or if the debtor so requires to any person specified
in that behalf in the demand, a statement, in any recognized language, signed
by the money-lender or his agent, and containing the relevant particulars
specified in sub-section (1) within fifteen days from the date of application
by the debtor.
(3) A money-lender shall, on demand in writing by the debtor, and tender
of the prescribed sum of expenses, supply a copy of any document relating to
a loan made by him or any security therefor to the debtor, or if the debtor so
requires to any person specified in that behalf in the demand.
(4) For the purpose of this section, “year” means the year for which the
accounts of the money-lender are ordinarily maintained in his own books.
Fees for 26. (1) A money-lender may recover from a debtor fees for the pass
certain book supplied to him under sub-section (2) of section 24 or in respect of
statements
supplied to
copies of statements supplied to him under sub-section (3) of section 24 or
debtors and statement of accounts supplied to him under sub-section (1) of section 25
Assistant and in respect of copies of such statements supplied to the Assistant
Registrar. Registrar under the said sub-section.
(2) Such fees shall be recoverable at such rates and in such manner as
may be prescribed, subject to the maximum of two rupees per debtor, per
year irrespective of the number of statements or copies thereof supplied to
the debtor or the Assistant Registrar during the relevant year.
Debtor not 27. A debtor to whom a pass book has been furnished under section 24
bound to or a statement of accounts has been furnished under section 25, shall not be
admit bound to acknowledge or deny its correctness and his failure to do so shall
correctness of
accounts. not, by itself, be deemed to be admission of the correctness of the accounts.

Procedure of 28. Notwithstanding anything contained in any law for the time being
Court in suit in force, in any suit to which this Act applies, filed by a money-lender against
regarding a debtor,—
loans.
(a) a Court shall before deciding the claim on merits, frame and
decide the issues whether the money-lender has complied with the
provisions of sections 24 and 25 ;
(b) if the Court finds, that the provisions of section 24 or section 25
have not been complied with by the money-lender, it may, if the plaintiffs’
claim is established, in whole or in part, disallow the whole or any portion
of the interest found due, as may seem reasonable to it in the
circumstances of the case and may disallow costs.
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 15
Explanation.—A money-lender who has given the receipt or
furnished a statement of accounts or a pass book in the prescribed form
and manner, shall be held to have complied with the provisions of section
24 or section 25, as the case may be, in spite of any errors and omissions,
if the Court finds that such errors and omissions are not material or not
made fraudulently.
29. Notwithstanding anything contained in any agreement or any law Power of
for the time being in force, no Court shall, in respect of any loan whether Court to limit
interest
advanced before or after the date on which this Act comes into force, decree, recoverable in
on account of interest, a sum greater than the principal of the loan due on certain
the date of the decree. cases.

5 of 30. Notwithstanding anything contained in the Code of Civil Power of

1908. Procedure, 1908, the Court may at any time, on application of a judgment Court to
direct
debtor, after notice to the decree holder, direct that the amount of any decree
payment of
passed against him, whether before or after the date on which this Act comes decretal
into force, in respect of a loan, shall be paid in such number of installments amount by
and subject to such conditions, and payable on such dates, as, having regard installment.
to the circumstances of the judgment debtor and the amount of the decree, it
considers fit.
31. (1) The State Government may, from time to time, by notification Limitation on
in the Official Gazette, fix the maximum rates of interest to be charged by a rates of
interest.
money-lender in respect of secured loan and unsecured loan.
(2) No money-lender shall receive from a debtor or intending debtor
any sum by way of compound interest on a loan advanced or intended to be
advanced or any sum by way of interest at a rate higher than the rate fixed
under sub-section (1).
(3) Notwithstanding anything contained in any other law for the time
being in force, a money-lender shall not charge or recover from any debtor,
on account of interest, a sum greater than the amount of principal of loan
whether advanced before or after commencement of this Act.
(4) Notwithstanding anything contained in any other law for the time
being in force, no agreement between a money-lender and a debtor for payment
of interest at rates exceeding the maximum rates fixed by the State
Government under sub-section (1) and no agreement in contravention of the
provisions of sub-sections (2) and (3) shall be valid.
32. (1) No money-lender shall receive from a debtor or intending debtor Prohibition of
any sum other than reasonable costs of investigating title to the property, charge for
expenses on
costs of stamp, registration of documents, and other usual out of pocket loans by
expenses in cases where an agreement between the parties includes a money-
stipulation that property is to be given as security or by way of mortgage lenders.
and where both parties have agreed in writing to such costs and
reimbursement thereof or where such cost, charges or expenses are leviable
4 of under the provisions of the Transfer of Property Act, 1882, or any other law
1882. for the time being in force.

(2) Any sum received by a money-lender in contravention of sub-section

(1) from a debtor or intending debtor on account of costs, charges or expenses
referred to in that sub-section shall be recoverable from the money-lender
as debt due from him to the debtor or, as the case may be, intending debtor,
or shall be liable to be set off against the loan actually lent to the debtor or
intending debtor.
¦ÉÉMÉ +É`ö------32-3+
16 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
Assignment 33. (1) Whether a loan advanced, whether before or after the date on
of loans. which this Act comes into force, or any interest of such loan or the benefit of
any agreement made or security taken in respect of such loan or interest is
assigned to any assignee, the assignor (whether he is the money-lender by
whom the money was lent or any person to whom the debt has been previously
assigned) shall, before the assignment is made,—
(a) give the assignee a notice in writing that the loan, interest,
agreement or security is affected by the operation of this Act ;
(b) supply to the assignee all information necessary to enable him
to comply with the provisions of this Act; and
(c) give the debtor notice in writing of the assignment supplying
the name and address of the assignee.
(2) Any person acting in contravention of the provisions of sub-section
(1), shall be liable to indemnify any other person who is prejudiced by such
contravention.
Application of 34. (1) Save as hereinafter provided, where any debt due to a money-
Act as to lender in respect of money lent by him, whether before or after the date on
assignees. 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 money-
lender and all the provisions of this Act shall apply to such assignee as if he
was 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.
Re-opening of 35. Notwithstanding anything contained in any law for the time being
transactions. in force, the Court shall, in any suit to which this Act applies, between the
money-lender and the debtor, whether heard ex-parte or otherwise,—
(a) re-open any transaction, or any account already taken between
the parties ;
(b) take an account between the parties ;
(c) reduce the amount charged to the debtor in respect of any
excessive interest ;
(d) if on taking accounts it is found that the money-lender has
received more than what is due to him, pass a decree in favour of the
debtor in respect of such amount :
Provided that, in the exercise of these powers, the Court shall not,—
(i) re-open any adjustment or agreement purporting to close
previous dealings and to create new obligations which have been
entered into by the parties or any person through whom they claim
at a date more than six years from the date of the suit to which this
Act applies ;
(ii) do anything which affects any decree of a Court.
Explanation.—For the purposes of this section, “excessive interest”
means interest at a rate which contravenes any of the provisions of
section 31.
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 17
36. (1) Any debtor may make an application at any time to Court, Inquiry for
taking
whether the loan has or has not become payable, for taking accounts and for accounts and
declaring the amount due to the money-lender. Such application shall be in declaring
the prescribed form and accompanied by the prescribed fee. amount
due.
(2) On receipt of such application, the Court shall cause a notice of the
application to be given to the money-lender.
(3) On the date fixed for the hearing of the application or on such date
to which the hearing may be adjourned, from time to time, the Court shall
make an inquiry and shall, after taking any account of the transactions
between the parties, pass an order declaring the amount, if any, still payable
by the debtor to the money-lender, in respect of the principal and interest, if
any. In taking accounts under this section, the Court shall follow the
provisions of sections 24 to 35 and section 38.
37. (1) A debtor may at any time tender to a money-lender any sum of Deposit in
money due from him to the money-lender in respect of a loan by way of Court of
money due to
principal, interest or both. money-
lenders.
(2) If the money-lender refuses to accept any sum so tendered, the debtor
may deposit the said sum in Court to the account of the money-lender.
(3) The Court shall thereupon cause written notice of the deposit to be
served on the money-lender, and he may, on presenting a petition stating
the sum then due in respect of the loan, and his willingness to accept the
said sum, receive and appropriate it first towards the interest and the
residue, if any, towards the principal.
(4) When the money-lender does not accept the sum, the Court shall
appropriate the said sum first towards the interest and the residue, if any,
towards the principal.
38. Notwithstanding any agreement between the parties or any law Calculation of
for the time being in force, when pass book is supplied under section 24 or interest.
the statement is delivered to the debtor under section 25 or if the accounts
are taken under section 36 or a tender is made by debtor to a money-lender
in respect of a loan under section 37 on any day of the calendar month, the
interest due shall be calculated as payable upto the actual date of repayment
irrespective of the fact that such statement is delivered or pass book is
supplied or such accounts are taken on any day of the calendar month.
39. Whoever carries on the business of money-lending without Penalty for
obtaining a valid licence, shall, on conviction, be punished with imprisonment doing money-
lending
of either description for a term which may extend to five years or with fine without valid
which may extend to fifty thousand rupees or with both. licence.

40. Whoever in an application for grant of licence or renewal of licence, Penalty for
or in any document required by, or for the purpose of, any of the provisions making false
statement.
of this Act willfully makes a statement in any material particulars knowing
it to be false, shall, on conviction, be punished with imprisonment of either
description for a term which may extend to two years or with fine which
may extend to twenty-five thousand rupees or with both.

Part VIII-32—3
18 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
Obtaining 41. Whoever,—
licence under
(a) obtains a licence in the name which is not his true name or
fictitious
name, carries on the business of money-lending under the licence so obtained ;
carrying on or
money- (b) carries on the business of money-lending at any place not
lending at a
mentioned in the licence authorizing him to carry on such business ; or
place not
mentioned in (c) enters into any agreement in the course of business of money-
licence, etc. lending without a valid licence, or under a licence obtained in the name
which is not his true name, shall, on conviction, be punished,—
(i) for the first offence, with imprisonment of either description
which may extend to one year or with fine which may extend to
rupees fifteen thousand or with both, and
(ii) for the second and subsequent offence, in addition to or in
lieu of, the penalty specified in clause (i), with imprisonment of
either description which shall not be less than five years, where
such person is not a company, and with fine which shall not be less
than rupees fifty thousand, where such person is a company.
Penalty for 42. Whoever contravenes the provisions of section 23 shall, on
wrong entry in conviction, be punished with fine which may extend to twenty-five thousand
promissory
note, Bond
rupees or with imprisonment of either description which may extend to three
etc. years or with both.
Penalty for 43. Whoever contravenes the provisions of section 24 or 25 shall,
contravention
on conviction, be punished with fine which may extend to twenty-five
of section 24
or 25. thousand rupees.
Penalty for 44. Whoever charges or recovers interest in contravention of section
charging rate
of interest in
31, shall, on conviction, be punished with fine which may extend to twenty-
contravention five thousand rupees, if it is first offence and with fine up to fifty thousand
of section 31. rupees, for the second or subsequent offence.
Penalty for 45. Whoever molests, or abets the molestation, of a debtor for the
molestation. recovery of a debt due by him to money-lender shall, on conviction, be
punished with imprisonment of either description which may extend to two
years or with fine which may extend to five thousand rupees, or with both.
Explanation.—For the purposes of this section, a person who, with intent
to cause another person to abstain from doing any act which he has a right to
do or to do any act which he has a right to abstain from doing,—
(a) obstructs or uses violence to or intimidates such other person,
or
(b) persistently follows such other person from place to place or
interferes with any property owned, or used by him or deprives him of,
or hinders him in, the use thereof, or
(c) loiters near a house or other place where such other person
resides or works, or carries on business, or happens to be, or does any
act calculated to annoy or intimidate such other person,
shall be deemed to molest such other person.
General 46. Whoever fails to comply with or acts in contravention of any
provisions provision of this Act, shall, if no specific penalty has been provided for in
regarding
this Act, be punishable,—
penalties.
(a) for the first offence with imprisonment of either description
which may extend to one year or with fine which may extend to twenty-
five thousand rupees, or with both ; and
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936 19
(b) for the second or subsequent offence, with imprisonment of
either description which may extend to two years or with fine which
may extend to ten thousand rupees, or with both.
47. If the person contravening any of the provisions of this Act is an Offences by
undivided Hindu family or a company or an unincorporated body, the person corporations,
etc.
responsible for the management of the business of such family, company or
body shall be deemed to be guilty of such contravention.
2 of 48. Notwithstanding anything contained in the Code of Criminal Certain
1974. Procedure, 1973, offence punishable under,— offences to be
cognizable.
(a) sections 39 and 41, for contravening provisions of section 4, and
(b) section 42, for contravening provisions of section 23, and
(c) section 45, for molestation,
shall be cognizable.
49. Notwithstanding anything contained in any other law for the time No arrest and
being in force, no debtor who cultivates land personally and whose debts imprisonment
in execution of
does not exceed fifteen thousand rupees shall be arrested or imprisoned in decree for
execution of a decree for money passed in favour of a money-lender, whether money
before or after the date on which this Act comes into force. against
agricultural
Explanation.— The expression “ to cultivate personally ” shall have the debtors.
LXVII meaning assigned to it in clause (6) of section 2 of the Maharashtra Tenancy
of 1948. and Agricultural Lands Act or any corresponding Act.
50. Every officer of the Government acting under the provisions of Every officer
this Act shall be deemed to be a public servant within the meaning of section to be public
45 of 21 of the Indian Penal Code. servant.
1860.
51. No suit, prosecution or other legal proceedings shall lie against Protection of
the Registrar General, or any authority for anything done or purported to action taken in
good faith.
have been done in good faith in pursuance of the provisions of this Act or the
rules made thereunder.
XXVIII 52. Nothing in this Act shall affect any of the provisions of the Provisions of
of 1947. XXVIII of
Maharashtra Agricultural Debtors Relief Act or of any other law relating 1947 saved.
to relief of agricultural indebtedness in force corresponding to that Act, and
no Court shall entertain or proceed under this Act with any suit or
proceedings relating to any loan in respect of which debt adjustment
proceedings can be taken under the said Act, or, as the case may be, the
said law.
53. The State Government may, by notification in the Official Gazette, Power of State
Government to
delegate to any officer any of the powers conferred on it by or under this delegate its
Act. powers.

54. (1) The State Government may, by notification in the Official Rules.
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provisions, such rules may provide for all or any of the following matters :-
(a) the form of the application for a licence, the further particulars
to be included therein and the amount of and the manner for payment
of licence fee under section 5 ;
Part VIII-32—3a
20 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 4, 2014/SÉèjÉø 14, ¶ÉEäò 1936
(b) the form and conditions of the licence under section 6 ;
(c) the form of the register under section 7 ;
(d) the manner of publishing a notice under sub-section (4) of
section 17 for inviting claims to property pledged with a money-lender ;
(e) the form of cash book and ledger and the manner in which they
should be maintained under sub-section (1), the form of passbook to be
furnished under sub-section (2) and the other particulars to be prescribed
under sub-section (5) of section 24 ;
(f) the form of the statement of accounts under sub-section (1),
the sum of expenses to be paid under sub-section (3) of section 25 ;
(g) the fees to be paid under sub-section (2) of section 26 ;
(h) the form of application and the fee to be paid under sub-
section (1) of section 36 ;
(i) any other matter which is or may be prescribed under this Act
or any matter for which there is no provision or insufficient provision
in this Act and for which provision is, in the opinion of the State
Government, necessary for giving effect to the provisions of this Act ;
(j) a provision that the contravention of any of the rules shall be an
offence and shall be punishable with fine not exceeding such amount as
may be prescribed.
(3) Every rule 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 in
which it is so laid or the session immediately following, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, and notify their decision to that effect in the Official
Gazette, the rule shall, from the date of publication of such decision in the
Official Gazette, 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 or omitted
to be done under that rule.
Power to 55. (1) If any difficulty arises in giving effect to the provisions of this
remove
difficulty.
Act, the State Government may, as occasion arises, by an order published in
the Official Gazette, do anything not inconsistent with the provisions of this
Act, which appears to it to be necessary or expedient for the purpose of
removing the difficulty :
Provided that, no such order shall be made after expiry of a period of
two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be
after it is made, before each House of the State Legislature.
Repeal of 56. (1) The Bombay Money-Lenders Act, 1946, is hereby repealed. Bom.
Bom. XXXI of
1947 and (2) Notwithstanding such repeal, anything done or any action taken XXXI of
1947.
saving. under the said Act (including any licence issued) shall be deemed to have
been done, taken or issued, as the case may be, under this Act.
Repeal of 57. (1) The Maharashtra Money-Lending (Regulation) Ordinance, Mah.
Mah. Ord. I of 2014, is hereby repealed. Ord. I of
2014 and 2014 .
saving. (2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance (including any licence issued) shall be deemed to
have been done, taken or issued, as the case may be, under this Act.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT
GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.