TUE ASSA.\f MONEY LENDERS' ACT,
1934.
[Publi$hed in the ..J.ss1i111 Gazelle 0£ the 27th June 1984.]
Ari Act to p1·o·v1"de for more effectual control
o/ mone~·-lending i11 Assam,
WHEREAB it is' expedient to m;ke better
provision fo" the conti•ol of money-lending and to
givo addioioual powers fJo Courts tQ deal with
money· :~uders in Assam ;
And whereas the ptevious sanction of the
Governor General has been obtained under
sub-!lection (:3) of section 8oA of the Government
oil India Act to the passing of this Act.
It is hereby enacted as follows :-
:!1~t t~~~ 1. (l) This Act may be called the Assam
001111DOnceinont. Money-Lenders Act, 1934.
(Z) I t extends to the whole of Assam including AMam .ut u
the t.erritories mentioned in section 14 of the ot 191.G,
Ass~m (:i enera.l Clauses Act, l 915.
(3) It shall come into force on such date as
the Local Government may by notification direct.
_, _ Defttit!l.001. 2, Iu this .1\ ct, unless there is anything
~ - repugnant in the subject or context,-
/-~ ~/ (1) "Money-lender" means a person ho
)'""'+ L grants a loan.
,., tr (2) "Interest" means l'ate of inte:rf;)at and
inolud~s the return t.o be made over and above
wha.t wa11 a.ctnally lent whether the same is
1 charged or sought to he recovered speoiftcally 1
~J bl wa.y of i11terest or atherwise ;
t ..Jr <J (3) "Loan" mea.os a.n advance (whether of
~t.- If' ~money or in kind) at interest made by a money•
- - I lender and shall include any boud bearing interest
.... t}A executed in respect of pa.st liabiliti~iya.od any
J;;;.11* .:-A i ·a.1u~aation which in substance i l a loan; [E%pla•
L. ~ l nation. -A bond bearing interest executed in
, ~- · -1 -'f " '" respect of goods ta.ken .oo credit constitutes a
~ ~.., t loan.] and
~J • · (4) '-Presoribed" mean-, prescribed b.r rules
made under this Aot.
~ - ~ .t....4..· 3 "l _.., _ "(V,- J( v '" 1 '' ,,J?
Pric1-E_.nglisk: 4d.l (l,.c1•a1: at&i1111 8.
etit~~;tty iari~~ 3. If the loan actually made be less than the
amnunt In tbo sum entered in the bond or hand note the
bood than ac· • 1
tua111 tant. money-lender shall be gmlty of a oontra;yention
of tho proTieions of this Act and shall, on con-
viction, be punishable with fine not exceeding
two hundred rupees. l..L.t ,,.
Prohibition °1 4· Any contract madera£ter the oommence-
co mp o u u d · ,1.
lntero'!l and ment of this Act for the loan of money by a
1>ro•ls1ons ft8 to l d b ll b .11 l . f . dofaultiug. money- en er s a e 1 P.ga 1tl • so ar as it
provides directly or indirectly for tho payment
of compound interest or for the rate or amount of
interest being increased by reason of any default
in the payment of s11ms due under the contra.ct :
Slmpl~ Into. /; Provided that provision may be made by any
rut In caso or b h t if d f l · ad · h dolault. sue contract t a e au t ts m e mt o pay-
ment upon the due date of any sum pa.yable to
the money-lender under the contract, whether in
respect of principal or interest, or both, the money
lender shall be entitled to charge simple interest
on that sum from the date of the default until
the sum is paid, at a rate not exceeding the rate
payable in respect of the principal apart from any
default, and any interest so charge1I shall not be
reckoned for the purposes of this Act as ert of
the interest charged in respect of the loan . .]~
Prohlb!Uoo 5. J\ ny agreement between a money-lender
of cnarge lor · • £ h
openses en and a borrower or mtendmg borrower or t e
\:·d~~ mooe;y- payment by the borrower or intending borrower
to the money-lender of a.ny sum on account of
costs, charges or expenses incidental to or
rola.tiog to the negotiations for or the granting
of the loan or proposed loan shall be illegal, a.ud
if any sum is pa.id to a. money-lender by a
borrower or intending borrower ae for or on
account of any such costs, charges or expenses,
that sum shall be recoverable as a debt due to
the borrower or intending borrower, or, in the
event of the loan being completed, Bhall, if not
so recovered . be set off against the amount
actually lent and that amount shall be deemed
to be reduced accordingly.
Exceptioo.-This will not deba.r money-lenders
from recovering reasonable costs of inspection of
Revenue or Registration records including exami-
nation of titles and also costs of inspection of pro-
perty, in cases where the contract includes a
stipulation that property is given a.s security or
1'y way of mortgage and where both parties have
agreed to such costs and reimbursement there of.
•
\
\
'
2
”mm 2,; 3. Ifthe lean actnnlly made be less then the
I
“mm hum sum entered in the bond or bend note, the
Emma W money-lender shell be nilty of e contravention
of the provisions of this Act and shall, on non-
viotion, be punishable with fine not exceeding
two hundred rupees. n‘
wrx'gbélm'h‘ 4,Ang contract made after the commence-
Int-rut Ind ment 0 this Act for the loan of money bye
ante-”mane -1 d h n h ‘11 1 ' ~ r 'e
m, ‘y nn_er e e _e .1 age in so a! as 1
provides direetly or indirectly for the payment
of compound interest or for the rite or amount of
Interest being increased by meson of any default
in the peyment of sums due under the contrset : ,
Sunnis on». K Provided that provision may he mode by any -
mt: “‘“V'such contract that if default in mode in the sy- w
ment upon the due date of any sum pzynh e to r
the mone -lender under the eontrmt. whether in b
respect 0 rincipel or interest, or both, the money
lender shell be entitled to ohsrge simple interest
on that sum from the date of the def-nit until
the sum is peid, at a rate not exceeding the rote
payable in respect of the principal apart from Iny
defnull, and any interest so ohm-gall shell not be
reckoned for the purposes of this Act as t of
the interest ohuged in respect of the loan. ,/fl‘l/‘
“Proctlblhioam :3. Any agreement between I money-lender
arm-.7“ on end a. borrower or intending borrower for the
iii'iin‘il ”m" peyment by the borrower or intending borrower
to the money~lender of any sum on ascent of
nests, ohlrges or expenses incidental to or g
relating to the negotiations for or the gruntin
of the loan or proposed loan shall he illegnl, en 9
if any sum is paid to n roomy-lender by I \
borrower or intending borrower se for or on ‘
senount of on such nests, ehsrges or expenses,
thnt sum shsl be recoverable es s debt due to
the borrower or intending borrower, or, in the
event of the Icon being completed, shell, if not
so recovered~ be set oii against the mount (
Mtually lent end thet emount shell be deemed
to he redneerl moordingly. . ‘
Exception—This will not dehsr money—lenders I
from recovering reesonsble costs of inspection of
Revenue or Registration records-including ermi-
nstion of titles and Also costs of impaction of pro<
party. in cases where the contract includes s
stipulstion that propert is given us security or
‘ by way of mortgage on where both per-ties hove
ngreed to such oosts sud reimbursement there of.
•'.I"~~- "-. ,,,..., l ~·• rnn. ~··"· :P.R 4lf i.
-..w. ,'HU.(lUC'
!ce:':f.. 01 6. Every money-lender shall keep accounts in
the form prescribed.
Obligation of 7 (1) I t f t t f tb mooc1.Jender to • n respec o every con rac or e re-
rnpply Inform•· payment of a. loan made by a money-lender
t ion as io 11ate •
or loon and wbetlier ma.de before or after the commencement
. ~r~~: 0:e1:tfu~ of this Act, the money-lender shall on demand in
ther~to. writing being made by the borrower at tlie
time of executing the contract or at - any time
durine the continuance of the contract, s\1pply
to the borrower, or, if the borrower so requires,
to any p1nson specified in that behalf in the
demand, a statemei:it signed by the money-lender
or bis agent showing-
(") the date on which the loan was made,
the amount of the principal of the loan,
and the rate per cent. per annum of
interest charged ; and
(b) the amount of any payment already
receind by the money-lender in respect
of the loan and the date on which it
was made : and
(c) the amount of every sum due to the
money-lender, but unpaid, and the
date upon which it became due and the
amount of interest accrued due and
unpaid in respect of every &uch sum ;
and
(d) the amount of every sum not yet due
which re1~ains outstanding and the date
upon which it will become due :
Provided that when a demand under this sub-
section bas once been complied with, a second
domnincl may not be ma.de in respect of the sa.mo
loan within six months.
~~~ ro~1 g~~~: (2) A money-lender shall on demand in writing
uwor, by the borrower, and on tender of the prescribed
sum for expenses, supply a copy of any document
relating to a. loan made by him or any security
therefor, to the borrower, .or if the borrower so
requires, to any person specified in that behalf in
the demand.
Ohll effee.11 of (3) If a money-lender to whom a demand has
aon-eomphauce, h' . £ 'l . h been made under t is section a.1 w1t out reason-
able excuse to compl v therewith within one
month after the demand has been lllade, he shall
not so long as the default continues be entitled
to sue for or recover any sum due under the con-
tract on accoum either of principal or interest ,
and interest shall not be chargeable in respect of
the period of the default.
m skew»:
. . 3
{$5, °' 5. Every money-lendershall keep eeecunte in
the form prescribed.
°"“5:':g:,g; 7.(1) In respect of every contract for the re,-
: {fig-430$; peyment of n loan made by n money-lender,
/ or loin me whether made before or after the commencement
.‘mfi ”Lfififl‘s‘ of this Act, the money-lender shell on demand in
umeo. writing being made by the borrower at the
time ofexecntingthe eontmct or at ‘nny time
during the continuance of the contract, supply
to the borrower. or, if the borrower so requires,
to my person specified in that behalf in the
demand, netntement signed by the money-lender
or his egent showing—
W (u) the dete on which the loan was made,
' .fl’ . the amount of the principal of the loan.
. r and the rote per cent. per nnnum of
interest cherged ; and .
5 (U the nmonnt of any payment nlraldy
received by the money-lender in respect
of the loan and the date on which it
was mode : and
(r) the mount of every sum due to the
money-lender, but nnpnid, and the
dnte upon which it become due end the
amount of interest accrued due end
unpaid in respect of every ouch sum;
and
(fl) the amount of every sum not yet due
which remains outstanding nnd the date
upon which it will become due :
Provided that when a demand under this sub-
section has once been complied with, n second
demand may not be made in respect of the some
I’rr-z lonn within six months.
’5" 2°51" «2' 3:7: (2 A money-lender shell on demand in writin
"""‘ by t e borrower, and on tender of the prescrihefi
lurn for expenses, supply a. copy of'lny document
releting to n lone made by turn or my security
) therefor, to the borrower, ‘6! if .the borrower so
requires, to my person specified In that hehnlf in
‘. the demand.
W“ ‘5’“ °' 3 If nrnone -lender towhom a demnnd he-
‘l .mwm'lm' bee‘n) mode nnderythie section toil without remn-
nhlov excuse to complv therewith within one
month after the demand has been made, he 511.1]
not so long as the default coetlnues be entitled
to one for or recover my sum due under the con.
treet on meonns either of 11“an 'or interesv,
and interest llllll not be chargenhle in respect of
the period of the default.
ib!'9:a'~t~f0c~:. /)3. Where in any suit iu tcspect of any loan
taln 10•01. made or any security taken for a loa.n mad~ by a.
money-lender after the commencement of the
Usurious Loans Act, HUS, it is found that the Act :<of 101s.
interest charged exceeds the l'ate of 12i per cent.
71 per annum in the case of a secured loan or 18~
~ ; -::; f :_ _ / per cent. per annum in the ca.;e of an un~ecuretl
~ r"\ 1.l loan, the t ourt shall, until the contrary is proved,
J.,,1(J;J-"''-· P!esumo for the purposes of seQLion :3 of Lhe
, ;:;:, '1 Usurious Loans Act, Hll8, that lhO' inLerest Att x or ma.
J_ - """". ·-" -"7 tr" charged is excessive and that the transacLion was,
~ frl'""""' as between the parties thereto, sttbstn.11tiailly
· / r> lf ~ · unfair, but this provis ion shall be without pre-
"' .It' judice to the powers of the Court under the said
section where the Coui t iF: satisfied tlrn.t the ..'.J
interest cha.rged though not exceeding 12~ per
cent. per annum or 18! per cent. per annum, as
the ca.so may be, is excessive7
nar to rt1Co•ery L9. No Courts shall, in respec·t of any loan mado
of fntereat t•:i:· • •
1
c; coedtng Ibo beforo or after the cvmmenc" moot of t Ins ,\ct,
..i..v-· prlorlpat. decree on account of arrears of interest a. i:;um
~ r./lrf'~ greater than the principal of the loan)
~ ·>.'~4) '
~ ./ f fY' ~o~f'::'lt-moo!; 10. (1) Where a borrower has sent to a money-
~, do• to mooer· lender by postal moMy-order or bv 1·egislorcd
lender. post with acknowledgment due ;ny tzum of
money due from him to the mo~1ey-lc0Jer in res-
pect of a loan and the money-lender has i·oru~Pd
to accept the same, the borrowet• ma.y apply in
the prescribed manner to the lowe t Ci, U ConrL
having jurirdiction over the place whore he
resides for poi mission to deposit the aa itl e:nm in
Court to the account of the money-lender, :~ml
the Court shall thereupon kc:ep L11111 sum in dopoi;it
and shall send a notice of the , cfoposit in the
prescribed manner to the money-lender.
'&tltrlctlon1 on
moo•:r·lendiog
tldnrllsemeou.
(2) If the money-lender accepts money sent in
the manner spe1·ified in sub-section (1) by a
borrower or withdraws money deposited under
the said sub-section, he shall not be bound by
any statement made by the borrower in remitting
or depositing the money.
11.(1) No person shall knowingly send or
del iver or cauee to be sent or delirnrcd to any
person except in response to his writtt>n request
any circular or other document :•dvertising t..he
name or address or a. money-Jender, or 1·ontaining
an invitation-
(a) to borrow money from a money-lender; or
,_.-
me u
we
fill hill.
58- Where in any suit in respect of any loan
nude or an securitytnken for a loan made by e
money-Ion er after the commencement of the
Usurinus Loans Act, 1918, it is found that the m xnruuo,
interest charged exceeds the rate of 12k per cent.
per ennnm in the case cfn secured loan or 15*
r Bent. per annum in the case of an unsecured
can, the Point shsll. until the contrary is proved,
resume for the purposus of scuticn 3 of the
eurious Lbnns Act, 1918, that the. interest Aux 0! Wm
chlrged is excessive and that the transaction was, -
as between the pertins thereto, substantially
unfair, but this provision shall he withnut prc-
judice to the powers of the Court under the said
section where the comb is satisfied thnt the
interest charged though not exceeding 121, per
cent. per, snnnm or 18! percent. per onnnm, as
the ease inny be, is excessively
nu to mom [9. No Courts shall, in respert of any loan made
cl Int-rm u-
e! mew
before or after the cummenc"mont of this Act,
decree on account of arrears of interestssum
greater than the principal of the loan]
10. (1) Where a borrower has sen! 'to a money-
"to mam-lender bl); postnlmoney-order or by regisiercd
w-r-U
mum on
menu.
post wit scimowledgment due any sum of
money due from him to the money-lender in ros-
peet of a loan cm} the money-lender has refused
to Accept the same, the borrower may apply in
the prescribed manner to the lows-t Civil Court
hnving jurirdiction over the place where he
resides for permission to deposit the snidjum in
Court to the account of the money-lender. and
the Court shall thereupon keep the sum in deposit
end shell send a notice of the {deposit in the
prescribed manner to the money—lender.
(2) It the money-lender accepts mane sent in
the manner spevified in sub-section (i by e
burrower or withdraws money deposits under
the acid subsection, he shell not be bound by
eny statement mode by the borrower in remitting
or depositing the money.
11.0) No person shell knowingly send or
deliver or cause to he sent or delivered to Buy
person except in response to his written request
’luy oircninr or other document advertising the
mm. or Address of a. money-lender, sr ronteining
en invitnticn—
(a) to borrow money from a money-lender ; ct
.r
,,... .
(b) to enter into any transaction involving
the borrowing of money from a monoy-
lender; or
(c) to apply to any place with a view to
obtaining information or advice as to
borrowing any money from a. money
lenJer.
A~ ~ •
011nueaor~ 1nvft· (2) No money-lender or any person on his be-
ing borrowol'e h l f h ]) 1 f h must not bo a s a emp oy any agent or canvasser or t e
employed by f · · · b money·lmilm. purpose o lllYttmg any person to orrow money
or to enter into any transaction involving the
botrQwing of money from a money-lender, and no
person shall act a.s snch agent or canvasser or
demand or receive directly or indirectly any sum
or other valuable consideration by way of com-
mission or otherwise for introducing or under-
taking to introduce to a. money-lender any person
desiring to borrow money.
Pooalty. (3) Any rerson acting in contravention of any
of the provisions of this section shall in respect of
each offence be liable, on conviction to imprison-
ment for a term not exceeding three months or a
fine not exceeding three hundred rupees or both.
Chll olfcots ol (4) Whore it is shown that a. money-l~n<ling
contr.vc01 Ion. • h b b · transaction was broug t a out y a contravention
of any of the provisions of this section, the trans·
action shall be illegal, unless the money-lender
proves that the oontra.vention occurred without
his consent or connivance.
PeMlty\naRst 12. (1) Where in arty suit in respect
•
of fraud. of any money lent or in respect of any
security taken for money lent by a money-lender,
the Lrying Court is of opinion that the money-
lender has been guilt.r of fra.ud, or of any contra-
vention of the proTisions of this A ct, or is
otherwise unfit to carry on the business of money-
lending, the Court may make an order debarring
him from carrying on such business £01· such time
a.s may be specified in the orde::- and an appeal
sha.11 lie from such an order to the court to which
an appeal ordinarily lies under the provisions of
the Code of Civil Procedure, 1908, irrespective of Acto v 11oos.
the money value of the suit.
Pena1t1. (2) Any money-lender carrying on the business
of monay-lending in contravention of any order
made under sub-section ·!l) shall, on conviction,
be liable to a fine which may extend to five
hundred rupees.
(b) to enter into any transaction involving
the borrowing of money from a money»
lender; or
(c) tonpply to any place withsview to
obtaining information or advice as to
borrowing any money from I. money
lenlcr, ‘
opivlfai'mniiid- (2) No money-lender or any person on his be-
".5.‘ Sflwafi half shall employ any agent or canvassei‘ for the
magma"? purpose of inviting any person to borrow money
or to enter into any transaction involving the
s); borrowing of money from s. money-lender, and no
person shall not us such agent or onnvosser or
“ demand or receive directly or indirectly on sum
or other valuable consideration by way cg, cam-
) mission or otherwise for introducing or under
taking to introduce to e money-lender any person
desiring to borrow money.
"“""' (3) Any rerson acting in contravention of any
of the provisions of this section shall in respect of
each offence be liable, on conviction to imprison-
ment for s term not exceeding three months or n
fine not exceeding three hundred rupees or both.
“Strum: at (t) Where it is shown that a money-lending
‘ ' transaction was brought about by a contravention
of any of the provisions of this section, the trans-
notion shall be illegal, unless the money-lender
proves that the contravention occurred without
his consent or oonuivnncei
, ”mm,“ cm 12. (1) Where in any suit in respect a
’ 0| 'm-fl- 0 any money lent or in respect of any
security taken for money lent by a money-lender,
the trying Court is of opinion that the money-
lsnder has been guilty of fraud, or of any contra-
vention of the provisions of this not, or is
otherwise unfit to carry on the business of money-
lending, the Court may make on order deharring
him from carrying on such business for such time
as may be specified in the order and an op ll
shall lie from such an order to the court to w ich
ana pesl ordinarily lies under the provisions of
the (gods of Civil Procedure, 1908, irrespective of mo v r me.
the nioney value of the suit.
I‘m-1i!- (2) Any money-lender carrying on the business
of money-lending in contravention of any order
made under subsection 11) shall, on conviction,
be liable to a fine which mny extend to five
hundred rupees.
\l
w“,
AprfBt, 1:3. Any order of conviction passed under this
Act shall be appeala.ble to the Court to wli ich
appeal ordinarily lies unde1· the Code'o£ Criminal
Procedure, 1898, irrespective of the amount of Ao~ v
0
1 !89~.
• fine to wuich an accused may be sentenced.
Power ot Local 14. (1) T be Local Go,·ernment may make rules O o•ernmeni to . •
malo rule!. for carryrng out the purposes of this Act.
Ji
I:;,-_
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may
provide for all or a.n.Y of the following: . matters,
namely:-
(i ) the form in which money-lenders shall
keep accounts;
(1 i) t ho i11tervale a t which borrowers 'may
demand statements of accounts under
sub-section (1 ) of section 7 and the fees
to be paid for copies of documents sup-
pliec.l under sub-section (Z) of the same
section;
(iii) the manner in which a.n-application for
a deposit is to be made under sub-section
(1 ) of section 10, and a notice of the
deposit is to be sent to the money-lender
un<l er the said su b-ssction ; and
(iu) the enforcement of orders made under
sub-section (1) of section I t .
(3) The power to make rulai>-~under:"tbis Act
shall be subject to · the condition of previous
publication.
~~ n..A.' Jl..~1.x1- J5s?)
(
6
"vm" 13. Any order of conviction peered under this
Act shell be up salable to the Court to which
Appeal ordinal-i y lies under the Codefof Criminal
Prowdure, 1898, irrespective of the amount of my.“ my
efine to which on «unused may be sentenced.
omiiiMii 14» (1) The Looel Government may make rules
mm mlflr for carrying out the purposes of this Act.
(2) In particular. and without pfejudioe to the
generality of the foregoing power, such rules may
provide for all or any of the followingjmettera,
namely :—
'l
(i) the form in which money-lenders shell \
keep accounts;
(ii) the intervels at which borrowers 'mBy
demand statements uf accounts under 6
sub-section (1) of sec tion 7 end the fees
to bc paid for copies of documents sup-
plied under sub-seetion (2) of the same
section;
(iii) the manner in which on] plieetion for
a deposit ie to be made anger subsection
. (1) of section 10, and I. notiue of the
deposit is to be sent to the money-lender
under the said sub-notion ; end
{iv} the enforcement of order- mule under
sub-section (1) of section II.
(3) The power to make rulas’Tunderf'this Act
shall be subject to‘ the condition of previous
publication.
I? C” Mm M' xx/x /} ”SD , V -
)
The 12th J/a,rch 1935,
No. 1099G.J, - In exercise of tho powers conferred by section H
of the Assam Money Lenders Act, 1934 (As&am Act IV ofl934), the
Gonrnor in Council ie pleased to make the following ruloe for carrying
out the purposes of the Act.
RULES.
1. The account prescribed by section 6 ehall be maintained!in the
Form I shown in the ::- ohedole attached to these rules.
" Provided that in the case of a society registered under the Co-
operative Societies Act, 1912 (Act I I of 1912), the account shall be
kept in tho form prescribed by that Act or rnles framed thereunder ".
2. T he fees to be paid for copies of documents to be supplied under
sub-section (2) of section 7 of the Act shall be three annas for enry 300
vernacular or 150 English wor.ds or part thereof: ProTided that
where the borrower or hie authorised agent is allowed tu copy a doou•
ment, no fM eball be charged.
8. The application under sub-section (1) of section 10 for permis-
sion to deposit in the Court any sum of money due from a debtor to a
money-lender in respect of any loan or loans shall be in writing and
11hall contain the following, particulars :-
(a) the name aud full address of the money-lender in whose
favour the deposit is made ;
(b) a recital t hat the debtor has sent the money to the money-
lender by postal money order or by registered poet with
acknowledgment due and that the money-lender has refused
to accept it. ('l'he amounts sent on account of principal
and interest should be separately stated with the date of the
remittance), The application shall be signed and verified
in the manner provided in sub-rules 2 and 3 of rule 15 of
Order I in Schedule I to the Code of Civil Procedure,
1908, by the debtor, or by hie authorised agent.
4, The application shall bear a court-fee stamp of eight annas as
required by Artiola l (b) of Schedule II of the Court-fees Act, 1870,
and shall further be accompanied by printed forms of notice in Form II
annexed to these rules for service on the money-lender with r.rocess-
fees payable in court-fee stamps according to the scale prescribed by
the High Court for service of summons on defenda.nts. The blank
spaces in Form II shall be filled in by the debtor or by his authorised
agent.
5. If it appears to the Court, to which an application for permis-
sion to deposit under section 10 is made, that the applicant is entitled
under that sect ion to deposit the money, it shall receive the same and
give the receipt in Form III annexed to these rules.
6. The money-lender may apply for withdrawal of tbe money in
Form IV annexed to these rules, and the procedure in connection with
such withdrawal fhall be the same as in the case of withdrawal of other
civil deposits.
1. A copy of the order under sub-section (1) 0£ section 12 of the
Act shall be served on the money-lender in the manner laid down for
sernoe of summons on defendants.
Th: 12M ”Mot 1935.
No. 10996.J.—In exercise of the powers conferred by section 14
of the Assam Money Lenders Act, 19:54 (Assam Act IV $19341), the
Governor in Council is pleesed to mslie the following rules for csrrying
out the purposes of the Act.
RULES.
1. The account prescribed by section 8 shell be Inlintcinedlin the
Form I shown in the echednle ettsched to these rules.
“ Provided that in the case of s society régistered under the Co-
cperetive Societies Act, 1912 (Act II of 1912), the soeount shell be
kept in the form prescribed by that Act or rules frsmed thereunder ”.
2. The fees to he psid for copies of documents to be supplied under
sub-section (2) of section 7 of the Act shell be three ennss for every 300
vernsouler or 150 English words or pert thereof: Provided thet
where the borrower or his euthorised egent is slloived to copy e docu-
mcnt, no fen shell he ehsrged.
3. The application under sub-section (1) of section 10 for permis-
sion todeposit in the Court any sum of money due from s. debtor to I
money-lender in res eot of my losn or loans shall he in writing sud
shell ccntsin the folihwing particulars .—
(a) the mine sud full eddress of the money-louder in whose
favour the deposit is medc ;
(t) s reoitel that the debtor hes sent the money to the money-
lender by pastel money order or by registered post with
acknowledgment due end that the money-louder has refused
to sceept it. (The amounts sent on mcount o! principel
and interest should be seperetely stated. with the date of the
remittsnce). The plieetion shell he si ed sud verified
in the manner provi ed in sub-rules 2 In 3 of rule 15 of
Order I in Schedule I to the Code of Civil Procedure,
1908, by the debtor, or by his suthcrised agent.
4. The epplicstien shell beer e eourt<£ee stump of eight ennns es
rs uiredb Article 1(0) of Schedule II of the Court-fees Act, 1870,
“3 shell rther be ecccmpenied by printed forms of notice in Form 11
ennexed to these rules for service on the mono -lender with recess-
fessfisysble in court-fe- stamps seoordiug to t a scale prescribed b
the igh Court for service of summons on defendents. The blen
specenn Form II shell be filled in by the debtor or by his mthorised
snt.
‘g 6. If it eppeers to the Court, to which en epplicstion for permis-
sion to deposit under section 10 is msde, thet the nppiicent is entitled
under thet section to deposit the money, it shell receive the some end
give the receipt in Form III snnexed to these rules.
6. The money-lender ms epply for withdrswcl of the money in
Form IV ennexed to these re as, end the procedure in connection with
. such withdnwel shall be the some es in the uses of withdraw-l of other
civil deposits.
7. A copy of the order under sub-section (1) of section 12 of the
Act shell be served on the money-lender in the monster laid down for
service of summons cu defendants.
...
""'J : ... Loan Account of
~---~~--~---
0 pen in g balance (i£ any)-
Principal -
Interest-
Dr.
.a
i .. I Advance in ~~ures. .. ..
.<I
' -,;
I .a ij: . 'E
0
<· ..
.9 ~ .,,;
r ..a
c . .. .. .. . ., ·q; .s " t: .. .. .. m
-g 0 ~
' .. ~
' 0
..
.a .. .. "' .. e " .. " 0 -... .:. il.E
,; 1 "'
g '::.I<
~ c: ·:s " .. ~ A 0 I> .
•1
A
I
~
-
~ .
-:
f
!l
" -
0 .. -.. c;
)
c
I
.
i
j
0 ...
3
s
" ·-0 ..
" " 0
B
< -- l
SOHEDULE.
FORM I.
(8ec rule I.)
- --· ·-~ O&j>te residence -----
Cr.
I
--1-.,,
c I
:;:; Re~ymonU in 6gutee.
I
Appropriation.
0
..a I
5 I ' I
.. t ...
I·
..a
Q; -.i ..c
" .. ltemarb. .. ~ ;;;
" "'
..,
Q - . a ; <I I ~ ... 0
! I
...
!'! 0 ;:. I
.8 .. l 0 I "" a e I -ii :i • " - .. ;: -a] e 0 ... i! ..
I ""
~ -;; .. ,; ~~ ,a Q ., a " ... ~ :iQ ~ :;a ·;:: a ~ .. ;> p., Q i:..- 0 .... . .
i
0 °l
I )
_.«.- — .Im“"" ~9fieg-as- “W w, .= mm.“
Duh.
Pullmlm annulm- Ln lflldl whcnm cub
or’klnd.
Klnfl (mum uwaighl).
Adam "I :...m.
anno u! wanna. In um.
mm at human.
:1
-—-:
; 11mm alumna mud,
um.
l'uucnlu ol rap-mun: whuhur ulh A! kind
In wank.
\
nun.
xxml (nnmher a! nil-ht).
Bemlnnml In figural.
Mn. 0: rap-mun. In ma.
Awmfll‘lm.
Dr,
Cr.
Interest—
Opening Ell-nee (if my)—
Principd —-
Loan Aonouni of
caste
residence
SCHEDULE.
FORM 1.
(Sec rule I.)
FORM Il.
( s~e rule 4.)
Form of notice of depo1it u11dc1 ucti·in 10(1)
Name of money-lender ... ... . . ... .. ..... ..... .. .
Address •. .. . .•....
You are hereby informed that _ _ _ __ of
has on deposited in this Court -u-n7de_r_s_e-ct~i-on-
J 0(1) of the Assam Money Lenders' Ant, 1934 a r;;um of H.s.
(Rs. on account of principal and Rs.
on account of interest) to your account in connection with the loan
of Rs. which was made by you to him on .
You are requested to withdraw thi11 amount a.t your earliest conve-
nience. Government accept no responsibility for any loss which you
may incur in conneclion with the aforesaid sum while it remains in
depoeib with the Court.
Signature of M unsif.
Address
Dated the
,7 j," , ,1_,,,,,, A“
FORM Ii.
(Se: rule 4-,)
Farm of noticn 0/ [Iqaluit undo; new}: 10(1)
5
l
\
Numb of money-louder .
Adm-cash..."
You are hereby informed that _7 V _ . . V of
hu on deposited in this Courbm
l0(l) of the Assam Money Landera‘ Ant, 1934: 1 sum of Ru.
(Rs. on woouue of principal and Rev
on amount of intense) to your uceouuh in connection with um 10.“
of Rs. which wls made by you to him on _
You no requested to withdraw this sqmypt at your earliest conva-
nience. Government Iocepl’. nu reepoumblllt for my loss which you
may inuur in uonneelion with the uforealld sum while it tannins in
deposit with the Court.
Bignlbure of Mnnaif.
Addre-u
Blind the
1-0
l•'ORM Ill.
(&e role 5,)
Receipt granted hJ Court for depoait of moneJ due to motte,-"11der.
Station. Court.
Whereas an application bas been filed by ___ _
. under sub·section (1) of section 10 of the Assam Aot IV
of 1934, for depositing a sum of money on account of his debt and
wbere1H tthe Court is of opinion that the aaid-.,..,,.---
is entitled to depo~it the amount under the said section it is hereby
~iven in writing that the undermentioned amount has been depoaited
in this Court by
Nr.me ot Money·
lender,
Date·
Date of
loon.
Amoont (If Paymenttowude Poyment towards Total.
loan. Prlnolpal. lotertsl.
,.
Signature ...... .. . .
Seal of the Court. 0
-
10
FORM m.
(See rule 5.)
Run}! wanted 5] Calif for duped! 0/ no", due to money-luder.
Station . Court.
Where“ In Ippliontion ha been filed by ’ __
under sub-section (1) of section 10 of the ham Act IV
011934, lordepasitin menu of money on account of his debt Ind
wherua'the Court is o «pinion tint the said
is entitled to deposit the amount under the uni motion it u: hereby
given in writing tht the undermntioned unonnt hie bean deposited
In this Court by .
NM]::¢E:,‘”‘ ”iii-1?! ”“333.“ “gig-“nit“. Plyflgkl'a‘u-wudu I'M-L
l I f
Duo~ Sign-tun .
FORM IV.
(See rule 6.)
Fr,rm of witlidratt1.1l.
PAYMENT ORDER.
P..u.T ! .-Application for payment of Deposits (to be filled in by
the applicant J·
Name of applicaut. Pate of deposit. / Ainount to be paid.
l 2 I 3
-----------J---- ----------- -
Signature of applicant .. .... ............. ..
D11te .. . ... . ... . ................ ..
*Examined and found correct.
Signature of Chief Ministerfal Officer ......... ...... . .
Signature of Presiding Officer .......... . .
• The signature below the words •• Examined and found correct •· must of
course be held to indicate that the officer signiogthe certificate hae sati1fied himeelf
••that the applicant is the proper party to receive pa_yment of the amount claimed",
i.nd that t he particuLu-a stated are correct, while th6 Judge in charge will be Pea•
pontible that the amount claimed is iD deposit, that there is no bar to payment, ano
that the name of the .claimant corresponds with I.hat of t'he P•lYee entered i11 hi1
Regi1ter.
11
FORM IV.
(8“ rule 6.)
Farm 0/ mailman].
PAYMENT ORDER.
PALT l.—Applioabion for pnyman‘ of Depoliu (to he fillod in by
the npplimnel. "
Nuns of .ppuuuz. I ms uldrpmil. ' Alma-t to humid.
1 ‘ 2 l a
*Enmimd and found non-cob.
Sign-cure of Chinf Miniuttrizl Officer... .... .....
sigmtnu at Pudding Officer ......
' Thu Iigmtnm below the ward: " Examimd Ind found carnal. " mm of
your“ h 1101 to indium flat um um“: Iigningfibrmflatvhu» Minimum”
«cm the npyflulm in the pm pnrly to min mm of “um-t old-ad”.
and that Gla- pnfionhn ru- uncut. while Whammy-ill Mm-
pou-ible’tb: the mount olnimod in h dew-it, um um in not” In thfl'l
gang‘s; nuno 01’ ch: old-rune command: will: that of she paynnhndkin MI
I .
Pn.T 11.- (To be fHled in by the Court or under its order.)
Stria) nombor and
date of
11ayment order'.
ronrt'a ohalan onmber
and ch•lan date of the
orlglnal dopoelt hoot
which the pa,ment
11 sough~.
Court'a number and
date of the original
deposit.
T Th
Officer in charge of the Treasury at
o- e ---~ Casb1er of the Court
• Please pay as above to
Signature of Court's Accountant-
Amount lo
dopoelt•.
At whose
credit In
dOJ)Q<. •
or order Rupeest
Sign:tture of Judge in charge-
• At per Coart'll Roihler of DeJ>O'lh Rll(:eived.
t W'>M and &guru,
NOTS 1,-Tbis order Ii not p:1yable more th•o ono month alter date wtthool a uoewal onfaoe-
mont by tb~ Co1111 ood It i. ab.olul.ely lap,es and ceru:ea to bate ell'eot on tho :!lat March nor:t.
N Ptll 2,-Payee la hereby'° Cake notice that alter tender and p~yineut ol thh order, tbo Troamry•
Qft\ce will admit oo rurlhor lilapooslbi:tty. lt ta th& duty of tbe ,p:>yeq t-• - to tl\o proper ooet;ody or
thla document until ll i. c111b8d.
. . ,
12
PA“ 11.- (To be filled in by the Court or under its older.)
r‘ n' oh-Iln be _
Elfllld Ilmlwr ma .3: ch'nI-l «4‘23"»: cnm'n mum-r m:
I“ 0' UH l d ¢ 1 IO 0‘ \b‘ Fifi.“
pull-M mm “‘55 “1:”: m3? " 'a-mlf.
m. . -
L;
Gainer in «huge of the Treasury II:
To—Jl‘he CasEIer of the Court
Plum phy u’lbove to or order Eupeeu‘r
Signature of Caurb’a Account-nt—
Signature of Judge in ehlrgo-
. - uwoam'u mm.- o! nepwlu naked.
7mm- .nd Inna.
Ron |.—1hh vain hum wank-mm nu: ma mnmh altar due with»! .m ml».-
uat It: means w: n u flinch-flail up“ and mu m hm mac onclu am nun um.
“Mfg”? ‘: “mm“ “‘fhtftwfiw flaw-E Wm °' :“zmflzm'"',“zs
w I m u: m . . u x _ me u
m.- dmumm “anti-mud. ’ n” M
P.aaT 111.-[to bo filled in a.t Treasury {or at Court if payable
there)).
Roceived contents, Rupees . . . .... .. . ' ...... .
Signature of Disbursing Ca.$hier ..... . ........ .
Treasury No ... •••
~ Pay Rupees .. .. ... .. .••.. ..••
'l 'he 19 .
Examined 1md.ent.ered.
St amp of one
aona 1f for more
than R~ . 20.
Payee's signature.
Accountant. .. . . . . . . . . . . . . .
•
Officer in charge of11Treasury,
J . A. DAWSON,
..
Chief SecrPtary to lite Govtrnmeue of .tlmi111.
4 1, . P. Cl.T.&.J.I ..No. 107-600- :!0·12·1936.