Bare ActsThe Gujarat Money Lenders Act 2011

Section 19

Amendment status not verified — confirm the current text below against the official source.

(l) For the pulpose of veriication whether the busi-ness of money- lending is canied on in accordance with the provisions of this Act or not, ttre Regisrar General, Regisrar or any other officer authorized by ttre Registar General in this behalf may requirc any Money-Lender or any person in respect ofwhom the Regisrar General, Registrar, or the officer so authorized has reason to believe that he is carryiig on the business of moneyJending in the State, to produce any record or document in his possession which in his opinion is relevant for the purpose and thereupon zuch Money-Lender or person shall produce zuch record or document. . (2) The Regishar General, Regisrar or aay officer authorized unier sub-section (l) may enter and search without warrant any prcmises where he has reason to believe that an offence rmder this Act has been or is being or is about to be committed and may seize any record or docurnent found therein or from any person therein which he has reason to believe may fumish evidence of the commission of an offence punishable under this Act aad he rnay, so far as may be necessary for the purpose of such search or seizure, detain aay person whom he has reason to believg 1s havg s6mmitted ar1 offence punishable under this Act. (3) Save as otherwise provided ia this sectioq every search or seizue made under this section shall be carried out in accordance with the provisions of the Code of Criminal kocedure, 1973 relating to searches or seizues made under that Code. L Th€se words sere substioted for thr eror& 'vi-Uage pdlchsyd by Guj. 2 of 2018. s.2 2 of ln4. r, 2011 : Gui. t4l The Gujwat Money-Lenders Act,2011 13 2t. (\) \1, upon t\e inspec\on of records and, docurnents made under D'sposa\ oi section 19, the inspecturg officer is satisied that the Money-Lender is in property p\edged possession of property pledged to him by a debtor as security for the loan :: nortgace9 with advanced by the Money-Lender without a valid registratioq the inspecting 'J:H,1-il'""0t;r,r*. officer shall require the Money-Lender to deliver forthwith the possession ;;;i,r""d;;s without v{lid of such property to him ., registration. (2) Upon the property being delivered to hnr, the inspecting officer, if he is not the Regisfar, shall entust it to the Registar and the 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 ttre property rmder sub-section (l) or sub-section (2), the Registrar shall, after due verification and identity thereof, rehrn it to the debtor who has pledged it or, where the debtor is dead, to his legal het (4) If the debtor or his legal heir cannor be traced, the Registrar shall, within ninety days from the date of taking possession of the property, publish notice in the prescribed manner inviting claims thereto. If a claim is received, whether in answer to the notice or otherwise, he shall adjudicate upon and decide such claim. If the Regisfar is satisfred rhat atry claim is valid, he shall deliver tle possession of the propfity to the person claiming it on his grving a receipt thereof; and such delivery of the property to the person claiming it shall discharge the Regiskar of his liability in respect of such property against any other,person. If the claim is refirsed, the property shall stand forfeited to the Statb Govemment. (5) Where the possession of the property pledged by a debtor can not for any reason (i:rcluding identity thereof) be delivered to him, then the Money- Lender to whom it was pledged shall be required to pay to the deblor or if he is dead, to his legal 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 arrears ofland revenue and on recovery of the value, it shatl be delivered to the debtor by whom such property was pledged or, ds the case may be, to the legal heir and ifthe debtor or his legal heir can not be traced, the provisions of sub-section (4) apply. (6) If there is any difference of opinion between the Money-Lender aud the debtor, or as the case may be, his legal heir, on the question ofvalue of the property or its identity, the question shall be referred to the Registrar General for decision and his decision shall be final. (7) The value of the property may be determined with the assist^nce of the services ofan expert appointed by the Registar General in that behalf. The expert may be paid such honoraria as the Registrar General may, by an order in writing from time to time in relation to any area or areas, determine . '1. ,,. l4 Duty of Money- Lender to keep accounts and furnish statements. The Gujarat Money-Lenders Act, 2011 CHAPTER V A CC O T]N TS AND S TA TDMDN TS

Section 19 – The Gujarat Money Lenders Act 2011 | DailyLaw.ai