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Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F
Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 22A. Non mulki money lenders barred from carrying on business of money lending.
Section 2A3. Money lenders to get their names registered.
Section 34. Power to cancel or suspend license.
Section 45. Money lenders to maintain accounts and to furnish statements thereof to debtors.
Section 56. Additional accounts to be maintained by pawn brokers.
Section 67. Debtors not bound to admit correctness of accounts.
Section 78. Receipt for payment of loan.
Section 89. Procedure of Court in suits for recovery of loans.
Section 910. Computation of interest.
Section 1011. Power of Court to limit interest due in certain cases.
Section 1112. Order for payment of decretal amount by installments.
Section 1213. Punishment for molestation of debtor.
Section 1314. Exemption from arrest.
Section 1415. Power to make rules.
Section 1516. Power to Exempt.
Section 16
andhra-pradesh-telangana-area-money-lenders-act-1349f.json
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17 Sections
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Andhra Pradesh
{
"id": 14822,
"slug": "andhra-pradesh-telangana-area-money-lenders-act-1349f",
"title": "Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F",
"short_title": "Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F",
"act_number": "(Act No. 5 of 1349)",
"act_year": 0,
"act_type": "STATE",
"location": "Andhra Pradesh",
"law_status": "unknown",
"enactment_date": null,
"description": "Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(1) bank means a company carrying on the business of banking and registered under the Companies Act, 1956 (Central Act 1 of 1956).\n(2) company means a company registered under the Companies Act, 1956 (Central Act 1 of 1956).\n(3) co-operative society means a society registered under the Hyderabad Co operative Credit Societies Act, No. 11 of 1323 F2.\n(4) loan means a loan secured or unsecured, advanced on interest in cash or in kind, and shall include every transaction which is in substance a loan, but shall not include the following:\n(a) a deposit of money or other property in a Post Office or in a bank or in a company or with a co operative society;\n(b) a loan to or by and deposit with, any society or association registered under any law;\n(c) a loan advanced by Government or by any local authority authorised by Government;\n(d) a loan advanced by a bank, a co operative society or a company;\n(e) a sum of money advanced on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881 (Central Act 26 of 1881) other than a promissory note;\n(f) a loan advanced to an agricultural labourer by his employer;\n(g) a loan advanced by one trader to another trader in the ordinary course of business, in accordance with practice in trade;\n(h) a sum of money payable to a trader by a person other than a cultivator or a labourer for articles sold on which interest is charged by reason of non payment on due date;\n(6) interest includes the return to be made expressly or impliedly in excess of the actual amount of loan advanced;\n(7) Money lender means a person including a pawn broker, who, within the meaning of this Act, only advances loan in the ordinary course of his business or does so along with other business, and shall also include the legal representative of such person and the person claiming to be his representative on the ground of succession or assignment or otherwise;\n(8) pawn broker means a person who in the ordinary course of his business advances loan and takes goods in pawn as security for payment of such loan;\n(9) trader means a person who in the ordinary course of his business buys and sells goods and property and shall also include the following persons: a wholesale dealer and retailer, a commission agent. a broker, a controller of factory, a contractor, a factory owner, but shall not include a person who sells only his non agricultural produce or cattle or buys agricultural produce or cattle for his own use;\n(10) cultivator shall mean a person who is a member of the agricultural class within the meaning of the Prevention of Agricultural Land Alienation Act No. III of 1349 F1 and whose main source of livelihood is agriculture;\n(11) labourer shall mean a person who earns his livelihood merely by physical labour and who receives wages in cash or in kind not exceeding one rupee per day or thirty rupees per month.\n(12) prescribed shall mean prescribed by rules made under this Act;\n(13) stranger means a person who is not a citizen of India within the meaning of the Citizenship Act, 1955 (Central Act 57 of 1955).",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "2A",
"title": "2A. Non mulki money lenders barred from carrying on business of money lending.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "3",
"title": "3. Money lenders to get their names registered.",
"chapter": null,
"content": "(b) If any person contravenes the provisions of clause (a), he shall be punished with rigorous imprisonment for a term which may extend to six months or with fine or with both. The fine imposed shall, in case of default, be recoverable as arrears of land revenue. The Collector shall have power to award punishment under this clause. An appeal against his order shall lie to the Sessions Judge.\n(c) An offence this sub section shall be cognizable and bailable.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "4",
"title": "4. Power to cancel or suspend license.",
"chapter": null,
"content": "(a) he has been found guilty by a Civil Court of contravening the provisions of Sections 5, 6 or 8 in more than two suits, or\n(b) the suit instituted by him has been dismissed in whole or in part on the ground that an entry relating to loan has been made by him in any document showing the amount of loan to be in excess of that actually advanced including the necessary expenses incurred, or\n(c) that suit instituted by him was dismissed on the ground that it was based on fraud, or\n(d) he has been found guilty in a money transaction by a Court, of forgery, cheating or coercion within the meaning of Section 15 of the Indian Contract Act 1872 (Central Act 9 of 1872); or he or his agent has been found guilty of contravening the provisions of Section 13. The Collector may cancel the licence or suspend it for any term, or prohibit the renewal thereof for a period not exceeding two years;\n(b) The Collector may, during the period for an appeal either of his own motion or on the application of an interested party review his own order, provided an appeal therefrom is not pending before the Board of Revenue. An appeal from an order or the Collector shall lie to the Board of Revenue whose decision shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "5",
"title": "5. Money lenders to maintain accounts and to furnish statements thereof to debtors.",
"chapter": null,
"content": "(a) maintain a regular account of loan for each debtor separately;\n(b) deliver to the debtor every year the prescribed statement of account signed by him or his agent specifying the amount of loan that may be outstanding against such debtor on the prescribed date. Such statement of account shall contain all transactions of loan entered into during that year. The said statement shall be in the language of the village office of the district for which the money lender has obtained a licence.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "6",
"title": "6. Additional accounts to be maintained by pawn brokers.",
"chapter": null,
"content": "(a) details of each of the articles taken in pawn by which in can be defined.\n(b) the time agreed upon between the parties for the redemption of pawn, and\n(c) the name and address of the pawner.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "7",
"title": "7. Debtors not bound to admit correctness of accounts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "8",
"title": "8. Receipt for payment of loan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "9",
"title": "9. Procedure of Court in suits for recovery of loans.",
"chapter": null,
"content": "(1) the Court shall frame and decide the issues whether the money lender is a money lender as defined in sub section (7) of Section 2, and whether he has complied with the provisions of Section 3 and of clauses (a) and (b) of sub section (1) of Section 5 and sub sections (1) and (2) of Section 6.\n(2) if it is proved that the plaintiff is a money lender as defined in sub section (7) of Section 2, but does not hold a licence granted under Section3, the Court shall dismiss his suit;\n(2A) if it is proved that the money lender has not complied with the provisions of clause (a) of sub section (1) of Section 5, or of sub section (1) of Section 6, or of section 8 and the plaintiff s claim is established in whole or in part, the Court may, in the circumstances of the case, disallow the whole or any portion of the interest due and may disallow the costs wholly or in part;\n(3) if it is proved that the money lender has not furnished the debtor with a statement of account in accordance with the provisions of clause (b) of sub section (1) of Section 5 or of sub section (2) of Section 6, the Court shall, in computing the amount of interest exclude the interest in respect of every period for which the money lender has not furnished the debtor with the statement of account:",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "10",
"title": "10. Computation of interest.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "11",
"title": "11. Power of Court to limit interest due in certain cases.",
"chapter": null,
"content": "(a) the account for the twelve years preceding the commencement of this Act shall be so examined that on the first day of the twelve years period and if the loan had commenced within twelve years, on the date on which the transaction commenced the amount outstanding against the debtor shall be entered against the debtors name as principal:\n(b) separate accounts, of the principal and interest shall be maintained;\n(c) in the account of principal there shall be debited to the debtor s name all such amounts as may, from time to time, have been actually received by the debtor from the money lender and if any goods are sold as part of the transaction, its price shall be included therein;\n(d) in the account of principal there shall not be debited to the debtor s name any outstanding interest which has been converted into principal by any agreement, settlement, or contract in the course of the transaction;\n(e) in the account of interest upto the date on which this Act comes into force, simple interest on the balance of principal shall be calculated at the rate agreed between the parties, provided that it does not exceed nine per cent per annum in the case of secured loan and twelve per cent per annum in the case of unsecured loan, and, from the date on which this Act comes into force upto 18th Khurdad 1355 F, the rate of interest shall not exceed nine per cent per annum and twelve per cent per annum respectively. From 18th Khurdad 1355 F., the rate of interest shall not exceed six per cent per annum and nine per cent per annum respectively;\n(f) all payments made in cash or kind by the debtor to the money lender or on his account, and all benefit of services or other advantages of every description, received by the money lender in the course of the transaction the value of which shall, if necessary, be determined by the court in its discretion or with the aid of arbitrators appointed by it, shall be credited first in the account of interest; and the balance if any, after payment of the interest due shall be credited to the account of the principal;\n(g) The principal and interest shall be calculated up to the date of institution of the suit, and the balance, (if any) of the suit, outstanding against the debtor on the said date. If the amount of interest exceeds the principal, the amount of interest in excess of the principal shall not be allowed.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "12",
"title": "12. Order for payment of decretal amount by installments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "13",
"title": "13. Punishment for molestation of debtor.",
"chapter": null,
"content": "(a) obstructs the debtor or uses violence against or intimidates him, or\n(b) follows the debtor wherever he goes or interferes with any property owned or used by him or deprives him of, or hinders him in the use thereof, or\n(c) loiters or does any similar act at or near a house or place where the debtors resides, works, or carries on any business or is present there by accident;",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "14",
"title": "14. Exemption from arrest.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "15",
"title": "15. Power to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "16",
"title": "16. Power to Exempt.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
}
],
"metadata": {
"Act ID": "Last Updated 18th January, 2020 [ap699]",
"Act Number": "(Act No. 5 of 1349)",
"Enactment Date": "",
"Act Year": "",
"Short Title": "Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F",
"Type": "STATE",
"Location": "Andhra Pradesh"
},
"updated_at": "2026-09-29 21:55:18"
}