Assam Money Lenders Rules
Published vide Notification No. 1099G.J, dated 12.3.1935
Last Updated 5th February, 2020
[ass001]
No. 1099G.J.
- In exercise of the powers conferred by section 14 of the Assam Money Lenders Act, 1934 (Assam Act IV of 1934), the Governor in Council is pleased to make the following rules for carrying out the purposes of the Act.
1.
The account prescribed by section 6 shall be maintained in the Form I shown in the schedule attached to these rules.
"Provided that in the case of a society registered under the Cooperative Societies Act, 1912 (Act II of 1912), the account shall be kept in the form prescribed by that Act or rules framed thereunder".
2.
The 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 every 300 vernacular or 150 English words or part thereof :
Provided that where the borrower or his authorised agent is allowed to copy a document, no fee shall be charged.
3.
The application under sub-section (1) of section 10 for permission 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 shall contain the following particulars :-
(a) the name and full address of the money-lender in whose favour the deposit is made ;
(b) a recital that the debtor has sent the money to the money-lender by postal money order or by registered post with acknowledgement due and that the money-lender has refused to accept it. (The 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-rule 2 and 3 of rule 15 of Order I in Schedule I to the Code of Civil Procedure, 1908, by the debtor, or by his authorised agent.
4.
The application shall bear a court-fee stamp of eight annas as required by Article 1 (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 process-fees payable in court-fee stamps according to the scale prescribed by the High Court for service of summons on defendants. 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 permission to deposit under section 10 is made, that the application is entitled under that section 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 the money in Form IV annexed to these rules, and the procedure in connection with such withdrawal shall be the same as in the case of withdrawal of other civil deposits.
7.
A copy of the order under sub-section (1) of section 12 of the Act shall be served on the money-lender in the manner laid down for service of summons on defendants.
Schedule.
Form I.
(
See
rule I.)
Loan Account
of_______________________s/o______________________________________caste______________residence________________
Opening balance (if
any)-
Principal -
Interest-
Dr.
Cr.
Date
Particulars of advance in words whether cash or
kind.
Advance in figures.
Amount of interest charged.
Remarks.
Cash.
Kind (number or weight)
Value of advances in kind.
Rate of interest.
Date.
Particular of repayment whether cash of kind in
words.
Repayments in figures
Appropriation.
Remarks.
Cash
Kind (number of weight)
Value of repayment in kind.
Principal
Interest.
Form II.
(
See
rule 4.)
Form of notice of deposit under section 10 (1)
Name of money-lender..................................
Address............................
You are hereby informed that........................... of ...................... has on ..........deposited in this Court under section 10(1) of the Assam Money Lenders' Act, 1934 a sum of Rs.......................... (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 the amount at your earliest convenience. Government accept no responsibility for any loss which you may in our in connection with the aforesaid sum while it remains in deposit with the Court.
Signature of Munsiff.
Address................
Dated the..............
Form III
(
See
rule 5.)
Receipt granted by Court for deposit of money due to money-lender.
Station.
Court.
Whereas an application has been filed by_____________________________________ under sub-section (1) of section 10 of the Assam Act IV of 1934, for depositing a sum of money on account of his debt and whereas the Court is of opinion that the said_________________________________________ is entitled to deposit the amount under the said section it is hereby given in writing that the undermentioned amount has been deposited in this Court by________________________________________.
Name of Money-Lender.
Date of loan.
Amount of loan.
Payment towards Principal.
Payment towards interest.
Total.
Signature...............
Date.....................
Seal of the Court.
Form IV.
(
See
rule 6)
Form of withdrawal.
Payment Order.
Part I.
- Application for payment of Deposits (to be filed in by the applicant).
Name of applicant.
Date of deposit
Amount to be paid.
1
2
3
Signature of applicant..................
Date......................
[Examined and found correct.]
Signature of Chief Ministerial Officer......................
Signature of Presiding Officer......................
Part II.
- (To be filled in by the Court or under its order.)
Serial number and date of payment order.
Court's challan number and challan date of the
original deposit from which the payment is sought.
Court's number and date of the original deposit.
Amount to
[deposit]
.
At whose credit in
[deposit]
.
1
2
3
4
5
6
7
8
To
The
Officer in charge of the Treasury at
Cashier of the Court
Please pay as above to
or order
[Rupees]
Signature of Court's Accountant-
Signature of Judge in charge-
Note 1.
- This order is not payable more than one month after date without a renewal enforcement by the Court and it is absolutely lapses and ceases to have effect on the 31st March next.
Note 2.
- Payee is hereby to take notice that after tender and payment of this order, the Treasury-Officer will admit no further responsibility. It is the duty of the payee to see to the proper custody or this document until it is cashed.
Part III.
- (To be filled in at Treasury (or at Court if payable there)).
Received contents, Rupees.......................
Signature of Disbursing Cashier.......................
Treasury No.......................
Pay Rupees....................
Stanp of one anna if for more than Rs. 20
Payee's signature.
The
19
Examined and entered.
Accountant..................
Officer in charge of Treasury.
Section 1 • Assam Money Lenders Rules
Assam Money Lenders Rules
assam-money-lenders-rules-sec-1.json
•
Section 1
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"number": "1",
"title": "Assam Money Lenders Rules",
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"content": "Assam Money Lenders Rules\nPublished vide Notification No. 1099G.J, dated 12.3.1935\nLast Updated 5th February, 2020\n[ass001]\nNo. 1099G.J.\n- In exercise of the powers conferred by section 14 of the Assam Money Lenders Act, 1934 (Assam Act IV of 1934), the Governor in Council is pleased to make the following rules for carrying out the purposes of the Act.\n1.\nThe account prescribed by section 6 shall be maintained in the Form I shown in the schedule attached to these rules.\n\"Provided that in the case of a society registered under the Cooperative Societies Act, 1912 (Act II of 1912), the account shall be kept in the form prescribed by that Act or rules framed thereunder\".\n2.\nThe 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 every 300 vernacular or 150 English words or part thereof :\nProvided that where the borrower or his authorised agent is allowed to copy a document, no fee shall be charged.\n3.\nThe application under sub-section (1) of section 10 for permission 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 shall contain the following particulars :-\n(a) the name and full address of the money-lender in whose favour the deposit is made ;\n(b) a recital that the debtor has sent the money to the money-lender by postal money order or by registered post with acknowledgement due and that the money-lender has refused to accept it. (The 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-rule 2 and 3 of rule 15 of Order I in Schedule I to the Code of Civil Procedure, 1908, by the debtor, or by his authorised agent.\n4.\nThe application shall bear a court-fee stamp of eight annas as required by Article 1 (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 process-fees payable in court-fee stamps according to the scale prescribed by the High Court for service of summons on defendants. The blank spaces in Form II shall be filled in by the debtor or by his authorised agent.\n5.\nIf it appears to the Court, to which an application for permission to deposit under section 10 is made, that the application is entitled under that section to deposit the money, it shall receive the same and give the receipt in Form III annexed to these rules.\n6.\nThe money-lender may apply for withdrawal of the money in Form IV annexed to these rules, and the procedure in connection with such withdrawal shall be the same as in the case of withdrawal of other civil deposits.\n7.\nA copy of the order under sub-section (1) of section 12 of the Act shall be served on the money-lender in the manner laid down for service of summons on defendants.\nSchedule.\nForm I.\n(\nSee\nrule I.)\nLoan Account\n\t\t\t\tof_______________________s/o______________________________________caste______________residence________________\nOpening balance (if\n\t\t\t\tany)-\nPrincipal -\nInterest-\nDr.\nCr.\nDate\nParticulars of advance in words whether cash or\n\t\t\t\tkind.\nAdvance in figures.\nAmount of interest charged.\nRemarks.\nCash.\nKind (number or weight)\nValue of advances in kind.\nRate of interest.\nDate.\nParticular of repayment whether cash of kind in\n\t\t\t\twords.\nRepayments in figures\nAppropriation.\nRemarks.\nCash\nKind (number of weight)\nValue of repayment in kind.\nPrincipal\nInterest.\nForm II.\n(\nSee\nrule 4.)\nForm of notice of deposit under section 10 (1)\nName of money-lender..................................\nAddress............................\nYou are hereby informed that........................... of ...................... has on ..........deposited in this Court under section 10(1) of the Assam Money Lenders' Act, 1934 a sum of Rs.......................... (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.\nYou are requested to withdraw the amount at your earliest convenience. Government accept no responsibility for any loss which you may in our in connection with the aforesaid sum while it remains in deposit with the Court.\nSignature of Munsiff.\nAddress................\nDated the..............\nForm III\n(\nSee\nrule 5.)\nReceipt granted by Court for deposit of money due to money-lender.\nStation.\nCourt.\nWhereas an application has been filed by_____________________________________ under sub-section (1) of section 10 of the Assam Act IV of 1934, for depositing a sum of money on account of his debt and whereas the Court is of opinion that the said_________________________________________ is entitled to deposit the amount under the said section it is hereby given in writing that the undermentioned amount has been deposited in this Court by________________________________________.\nName of Money-Lender.\nDate of loan.\nAmount of loan.\nPayment towards Principal.\nPayment towards interest.\nTotal.\nSignature...............\nDate.....................\nSeal of the Court.\nForm IV.\n(\nSee\nrule 6)\nForm of withdrawal.\nPayment Order.\nPart I.\n- Application for payment of Deposits (to be filed in by the applicant).\nName of applicant.\nDate of deposit\nAmount to be paid.\n1\n2\n3\nSignature of applicant..................\nDate......................\n[Examined and found correct.]\nSignature of Chief Ministerial Officer......................\nSignature of Presiding Officer......................\nPart II.\n- (To be filled in by the Court or under its order.)\nSerial number and date of payment order.\nCourt's challan number and challan date of the\n\t\t\t\toriginal deposit from which the payment is sought.\nCourt's number and date of the original deposit.\nAmount to\n[deposit]\n.\nAt whose credit in\n[deposit]\n.\n1\n2\n3\n4\n5\n6\n7\n8\nTo\nThe\nOfficer in charge of the Treasury at\nCashier of the Court\nPlease pay as above to\nor order\n[Rupees]\nSignature of Court's Accountant-\nSignature of Judge in charge-\nNote 1.\n- This order is not payable more than one month after date without a renewal enforcement by the Court and it is absolutely lapses and ceases to have effect on the 31st March next.\nNote 2.\n- Payee is hereby to take notice that after tender and payment of this order, the Treasury-Officer will admit no further responsibility. It is the duty of the payee to see to the proper custody or this document until it is cashed.\nPart III.\n- (To be filled in at Treasury (or at Court if payable there)).\nReceived contents, Rupees.......................\nSignature of Disbursing Cashier.......................\nTreasury No.......................\nPay Rupees....................\nStanp of one anna if for more than Rs. 20\nPayee's signature.\nThe\n19\nExamined and entered.\nAccountant..................\nOfficer in charge of Treasury.",
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