The Chhattisgarh Moneylenders Act, 1934

{
    "id": 16132,
    "slug": "the-chhattisgarh-moneylenders-act-1934-1934",
    "title": "The Chhattisgarh Moneylenders Act, 1934",
    "short_title": "The Chhattisgarh Moneylenders Act, 1934",
    "act_number": "C.G. Act No. 13 of 1934",
    "act_year": 1934,
    "act_type": "STATE",
    "location": "Chhattisgarh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Chhattisgarh Moneylenders Act, 1934",
    "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. Definition.",
            "chapter": null,
            "content": "(i) \"bank\" means company carrying on the business of banking and registered under any of the enactments relating to companies for the time being in force in the United Kingdom or in any of the Colonies or Dependencies thereof, or in a Part A State or a Part C State or incorporated by an Act of Parliament of the United Kingdom or by Royal Charter or Letters Patent or by any Central Act;\n(ii) \"company\" means a company registered under any of the enactments relating to companies for the lime being in force in the United Kingdom or any of the Colonies or Dependencies thereof, or in a Part A State or a Part C State, or incorporated by an Act of Parliament of the United Kingdom or by Royal Charter of Letters Patent and includes Life Assurance Companies to which the Indian Lite Assurance Companies Act, 1912 (VI of 1912), applies;\n(iii) \"co-operative society\" means a society registered under the Co-operative Societies Act, 1912 (II of 1912);\n(iv) \"Court\" includes a Court acting in the exercise of insolvency jurisdiction;\n(v) \"moneylender\" means a person who, in the regular course of business, advances a loan as defined in this Act and shall include, subject to the provisions of Section 3, the legal representatives and the successors-in-interest whether by inheritance, assignment or otherwise of the person who advanced the loan and money-lending shall be construed accordingly;\n(vi) \"interest\" includes the return to be made over and above what was actually lent whether the same is charged or sought to be recovered specifically by way of interest or otherwise, whether or not such interest is capitalized within twelve years from the date of the last transaction;\n(vii) \"loan\" means an actual advance made within twelve years from the date of the last transaction whether of money or in kind at interest and shall include any transaction, which the Court finds to be in substance a loan, but it shall not include -\n(a) a deposit of money or other property in a Government post office, bank or any other bank or in a company or with a co-operative society,\n(b) a loan to or by or a deposit with any society, or association registered under the Societies Registration Act, 1860 (XXI of 1860), or under any other enactment,\n(c) a loan advanced by any Government or by any local authority authorized by any Government,\n(d) a loan advanced by a bank, a co-operative society or a company whose accounts are subject to audit by a certified auditor under the Companies Act, 1913 (VII of 1913),\n(e) an advance made on the basis of a negotiable instrument, as defined in the Negotiable Instruments Act, 1881 (XXVI of 1881), other than a promissory note,\n(f) a transaction which is a charge created by operation of law on, or is in substance a sale of, immovable property,\n(g) a loan advanced to an agricultural labourer by his employer.\n(viii) \"prescribed\" means prescribed by rules made under this Act;\n(viii-a) \"Sub-Divisional Officer\" means the Sub-Divisional Officer within the meaning of Section 22 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);\n(ix) \"Registering Authority\" means in rural area, Zila Panchayat or Janpad Panchayat or Gram Panchayat constituted under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (1 of 1994) for their respective Panchayat Areas and in Urban areas, Municipal Corporation constituted under the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) or Municipal Council or Nagar Panchayat constituted under the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961) as the case may be, for their respective areas.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "2A",
            "title": "2A. Moneylender to deliver voucher to the debtor containing description of loan, etc.",
            "chapter": null,
            "content": "(a) amount or, as the case may be, the quantity of loan advanced;\n(b) sufficient description of movable or immovable property pledged or mortgaged, as the case may be, so as to enable identification of property;\n(c) the rate of interest chargeable on the loan advanced;\n(d) where movable property is being pledged, acknowledgement of the delivery of such movable property by the debtor and receipt thereof by the money-lender; and\n(e) such other particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "3",
            "title": "3. Maintenance of accounts by moneylender and supply of statements thereof to debtors.",
            "chapter": null,
            "content": "(a) regularly maintain an account for each debtor separately of all transactions in respect of any loan advanced to that debtor;\n(b) furnish such debtor every year with a legible statement of accounts signed by the moneylender or his agent or any balance of amount that may be outstanding against such debtor on such dale and in such areas as may be prescribed. Such statement of accounts shall include all transactions in respect of the loan entered into during the year to which the statement relates and shall be furnished, in the Court language of the district in which the debtor resides, and in such manner, in such form, containing such details and on such date as may be prescribed;\n(c) furnish to the Sub-Divisional Officer concerned a copy of every statement of account furnished to a debtor under clause (b).\n(i) if the loan has, since it was originally advanced, passed by inheritance or assignment to a widow or a minor, such widow or minor shall not be bound to maintain and furnish the account under sub-section (1) for a period of two years from the date of such passing;\n(ii) nothing in this section shall be deemed to lay upon any person the duty of maintaining and furnishing the account under sub-section (1) in the case of a loan wherein the title to recover is subjudice between two or more persons claiming as moneylenders adversely to each other unless and until the title has been finally decided by a Court of competent jurisdiction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "4",
            "title": "4. Evidential value of copies of accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "5",
            "title": "5. Debtors not bound to admit correctness of accounts supplied.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6",
            "title": "6. Receipt for repayment of loan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "7",
            "title": "7. Procedure of Court in suits regarding loans.",
            "chapter": null,
            "content": "(a) the Court shall, before deciding the claim on the merits, frame and decide the issue whether the moneylender has complied with the provisions of clauses (a) and (b) of sub-section (1) of Section 3;\n(b) if the Court finds that the provisions of clause (a) of sub-section (1) of Section 3 or of Section 6 have not been complied with by the moneylender, it shall, if the plaintiff's claim is established in whole or in part, disallow the whole or any portion of the interest found due, as may seem reasonable to it in the circumstances of the case, and may disallow costs; and\n(c) if the Court finds that the provisions of clause (b) of sub-section (1) of Section 3 have not been complied with by the moneylender, it shall, in computing the amount of interest due upon the loan, exclude every period for which the moneylender omitted duly to furnish the account as required by that clause :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8",
            "title": "8. Savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "9",
            "title": "9. Power of Court to limit interest recoverable in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10",
            "title": "10. Power of Court to limit interest to the extent of principal of loan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "11",
            "title": "11. Power to direct payment of decretal amount by instalments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "11A",
            "title": "11A. Register of moneylenders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "11B",
            "title": "11B. Registration of moneylenders and registration certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "11BB",
            "title": "11BB. Transfer of old records by Tahsildar to Registering Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "11C",
            "title": "11C. Registration fee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "11D",
            "title": "11D. Area in which business is to be carried on.",
            "chapter": null,
            "content": "11E.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "11F",
            "title": "11F. Bar to carry on business without registration certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "2-A",
            "title": "11FF. Penalty for contravention of provisions of Section 2-A and Section 3 (1) (c) of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "11G",
            "title": "11G. Composition of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "11H",
            "title": "11H. Suit not to proceed without registration certificate, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "11I",
            "title": "11I. Continuance inforce of registration certificate.",
            "chapter": null,
            "content": "11J.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "12",
            "title": "12. Power to make rules.",
            "chapter": null,
            "content": "(a) (i) the other particulars to be stated in the voucher under clause (e) of sub-section (2) of Section 2-A;\n(ii) the time within which a copy of the voucher shall be forwarded to the Sub-Divisional Officer under sub-section (3) of Section 2-A;\n(aa) the manner and form with numerals in which statement of accounts shall be furnished and the details to be given in such statement under clause (b) of sub-section (1) of Section 3;\n(b) the manner in which copies of entries in the account shall be certified under Section 4;\n(c) the form under Section 11-A;\n(d) the form of registration certificate under sub-section (1) of Section 11-B;\n(e) the particulars of an application under sub-section (2) of Section 11-B;\n(f) the manner in which the registration fee payable under Section 11-C shall be paid;\n(ff) the manner in which refund shall be made; and\n(g) the grant of copies of registration certificates.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "13",
            "title": "13. Inapplicability of Act to proprietors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "14",
            "title": "14. Inapplicability of Act to certain Corporations.",
            "chapter": null,
            "content": "(i) the Industrial Development Bank of India constituted under the Industrial Development Bank of India Act, 1964 (No. 18 of 1964);\n(ii) the Industrial Credit and Investment Corporation of India registered under the Companies Act, 1956 (No. 1 of 1956);\n(iii) the Life Insurance Corporation of India constituted under the Life Insurance Corporation Act, 1956 (No. 31 of 1956);\n(iv) the Unit Trust of India constituted under the Unit Trust of India Act, 1963 (No. 52 of 1963);\n(v) the Industrial Finance Corporation of India constituted under the Industrial Finance Corporation Act, 1948 (No. 15 of 1948);\n(v-A) the International Finance Corporation Washington established under the agreement as defined in clause (a) of Section 2 of the International Finance Corporation (Status, Immunities and Privileges) Act, 1958 (No. 42 of 1958); and\n(vi) such other financing institution in the public sector which is :-\n(i) established by or under the Central or State Law for the time being in force; and\n(ii) controlled or managed by the Central Government or the State Government, as the State Government may, by notification, specify.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 4th November, 2019 [cg100]",
        "Act Number": "C.G. Act No. 13 of 1934",
        "Enactment Date": "",
        "Act Year": "1934",
        "Short Title": "The Chhattisgarh Moneylenders Act, 1934",
        "Type": "STATE",
        "Location": "Chhattisgarh"
    },
    "updated_at": "2026-09-29 21:55:19"
}