Bare ActsThe Gujarat Money Lenders Act 2011

Section 36

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(1) Save as hereinafter provided where any debt due to a Money- Lender in respect ofmoney lent by him, whether before or after the appointed day or of interest on money so lent br,ofthe benefit ofany agreement made or security taken in respect of any such debt or interest, has been assiped' the assignee shall be deemed to be the Money-Lender and the provisions of this Act shall apply to such assigp.ee as if he were a Money-Lender. (2) Where for any reason, any such assiglme6 is invalid and the debtor has made any payment of money or tralsfer of property on account ofany 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 rhe purposes of this Acr 14 ry i . j::r 2011 : Guj. 14 l The Gujarat Money-Lenders Act,' 20ll . 37. Notwithstanding anything contained in any agreement between the parties or any law for the time being in fo."", *h.n " itut"rent is delivered ald pass book is supplied to a debtor under section 2l or accounts are taken under section 31 or a tender is made by a debtor to a oney-Lender in respect of a loan rmdei section 32 before the sixteenth day of a month, the interest due shall be calculated as payable for fifteen aayif the said month, and if the statement is delivered *i p*, book is sffiJor accounts are taken or tender is made on *y ,uLr"qr"ot aay, in* iot"r"st shal be calculated for the entire month, irrespective "f th; f;thril;;'*;; is delivered and pass book is supplied or such accounts are taken or such tender is made on aay such day. ^_ ,Erybnaian.- For the prrpose of this section, .month,, in relation to any roan, means a month of tlie year for which the accounts of the Money_ Lender relating to such loan are.ord.inarily maintainJio the books of account of the Money-Lender. CHAPTER D( OFFENCESAND PENALIIES . 38.. ,No Money-Lender shall accept ary promissory note, acknowledgmen! bond or otber writing tom tn"i.btii-*hi.h do., oo, state the actual qmount ofthe ioan, or which states such amount wrongly or which contairu erasuies or over_writings not duly autneoticatea Uy tn" deblor or accept from the debtor any documents ,ig""J tV "*n debtor in w-hich blanks are left, or execute ooyin"t ."rt,f"Iti"g-Jd.bro. io *hi.h blanks are left for being filled in after execution. ^ .39..Notwithstanding anything contained in rhis Act or in any other law probibition f.or the time being in force, no Money-Lende. .naJr""or", tn" principal sf against the loan advanced by him or the interest tho*, "itn"i io puat or in whole recovery of except in cash. roan orinnrest except in cash. 40, Whoever moiests or abets the molestation of a debtor for the penalty tor recovery. of.a loa[ dUe by him to a Money-Lender shall, on convictioq be molestation. pyThed witb impisonaent, for a temt ifirn .uy "i6i b tuo y@ts ard w'lb .6ze ubtbl zay extead to (welg-frve cfrousatcl rups: Provided tlat in absence of the speciat and adequate reasous to the contrary to be mentioned in the judgments of the Court_ (i)for the firs ofence, suct i-Frisonment shalt not be less rhan six months and such fine shall nq1 !g les5 rhan ten thousand rupees; (ii)for the second and subsequent offences, such imprisonment shall not be less than one year and such fine shatl not be less -than twenty-five thousand rupees 21 Manner of calculating interesL Entry of wrong sum ln documents, etc. to be offence. ri lk ,i!-ii.- :?. , ,-,ilr :'i3"1' :,, 22 Penalty for saluml, balld, dham&da, etc- Penalty for contraveotion ofsection 5,19J3 or 38. The Gujarat Money- Lqnders Act,201l Explanatian- 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 olher person, or (b)persistently follows such other person from place to place or interferes with any properly owned or ]xed by him or deprives him of, or hinders him in the use thereof, or (c)loiters near a house or other place wherc such other person resides or works, or carries on bushess, or happens to be, or does aay act calculated to annoy or intimidate such other persog shall be deemed to molest such other person: Provided that a person who goes to sirch house or place in order merely to obtain or communicate information shall not be deemed to molest.

Section 36 – The Gujarat Money Lenders Act 2011 | DailyLaw.ai