¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014R/N{ÉIÉè¹ NÉø o2. 6M, A¶HÉEEäò N1G93/25009/35528 1 Reg. No. MH/MR/South-344/2014-16 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 5, +ÆEò 51] MÉÖ¯û´ÉÉ®úú, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹É 26, ¶ÉEäò 1935 [ {ÉÞ¹`äö 21, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 2 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉvÉÒ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Money-Lending (Regulation) Ordinance, 2014 (Mah. Ord. I of 2014), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, H. B. PATEL, Principal Secretary to Government, Law and Judiciary Department. [Translation in English of the Maharashtra Money-Lending (Regulation) Ordinance, 2014 (Mah. Ord. I of 2014), published under the authority of the Governor.]. CO-OPERATION, MARKETING AND TEXTILES DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 16th January 2014. MAHARASHTRA ORDINANCE No. I OF 2014. AN ORDINANCE to regulate the transactions of money-lending in the State of Maharashtra. WHEREAS the harassment at the hands of money-lenders have increased in the State resulting into the frequent suicides by farmers ; AND WHEREAS the existing enactments on money-lending is found to be inadequate to protect the farmers-debtors and to prevent them from the harassment by the money-lenders ; AND WHEREAS under the circumstances it has become absolutely necessary for the Government to take appropriate and stringent social and legal measures to effectively prevent the harassment to the farmers-debtors at the hands of the money-lenders ; it is expedient to make a new law having better provisions for the regulation and control of transactions of money- lending in the State of Maharashtra ; AND WHEREAS both Houses of the State Legislature are not in session; AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to make a law for the purposes aforesaid ; (1) ¦ÉÉMÉ +É`öö------2--1 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 AND WHEREAS the Instructions from the President under the proviso to clause (1) of article 213 of the Constitution of India have been obtained ; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely :— Short title, 1. (1) This Ordinance may be called the Maharashtra Money-Lending extent (Regulation) Ordinance, 2014. and (2) It extends to the whole of the State of Maharashtra. commence- ment. (3) It shall come into force at once. Definitions. 2. In this Ordinance, unless the context otherwise requires,— (1) “bank” means a banking company or a co-operative bank to which the Banking Regulation Act, 1949 applies and includes,— 10 of 1949. (a) the State Bank of India constituted under the State Bank 23 of of India Act, 1955 ; 1955. (b) a subsidiary bank as defined in the State Bank of India 38 of (Subsidiary Banks) Act, 1959 ; 1959. (c) a corresponding new bank constituted under the Banking 5 of Companies (Acquisition and Transfer of Undertakings) Act, 1970, 1970. or, as the case may be, under the Banking Companies (Acquisition 40 of 1980. and Transfer of Undertakings) Act, 1980 ; and (d) any other banking institution referred to in section 51 of the Banking Regulation Act, 1949 ; 10 of 1949. (2) “ banking company ” shall have the same meaning as assigned to it by clause (c) of section 5 of the Banking Regulation Act, 1949 ; 10 of 1949. (3) “ business of money-lending ” means the business of advancing loans whether in cash or kind and whether or not in connection with, or in addition to any other business ; (4) “ capital ” means a sum of money which a money-lender invests in the business of money-lending ; (5) “ company ” means a company as defined in the Companies Act, 1 of 1956 or the Companies Act, 2013 ; 1956. 18 of 2013. (6) “ Co-operative Bank”, “ co-operative society ”, “ multi-state co-operative Bank ” and “ primary credit society ” shall have the same meanings as assigned to them by clause (c) of section 56 of the Banking 10 of Regulation Act, 1949 ; 1949. (7) “debtor” means a person to whom a loan is advanced whether in cash or kind and includes his successor in interest or surety ; (8) “ inspection fee ” means the fee leviable under section 12 in respect of inspection of books of accounts of a money-lender ; (9) “ interest ” includes any sum by whatsoever name called, in excess of the principal paid or payable to a money-lender in consideration of, or otherwise in respect of, a loan, but does not include any sum lawfully charged by a money-lender for, or, on account of costs, charges or expenses in accordance with the provisions of this Ordinance, or any other law for the time being in force ; ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 3 (10) “ investment in business” means total amount invested, from time to time, in business of money-lending by a money-lender ; (11) “ licence ” means a licence granted under this Ordinance ; (12) “ licence fee ” means the fee payable in respect of a licence ; (13) “ loan” means an advance at interest whether of money or in kind but does not include,— (a) a deposit of money or other property in a Government Post Office bank or in any other bank or in a company or co-operative society ; (b) a loan to, or by, or a deposit with any society or association 21 of registered under the Societies Registration Act, 1860 or any other 1860. enactment relating to a public, religious or charitable object ; (c) a loan advanced by the Government or by any local authority authorized by the Government ; (d) a loan advanced to a Government servant from a fund, established for the welfare or assistance of Government servants, and which is sanctioned by the State Government ; (e) a deposit of money with, or a loan advanced by, a co-operative society ; (f) an advance made to a subscriber to, or a depositor, in a provident fund from the amount standing to his credit in the fund in accordance with the rules of the fund ; (g) a loan to, or by, an insurance company as defined in the 6 of Insurance Act, 1938 ; 1938. (h) a loan to, or by, a bank ; (i) a loan to, or by, or deposit with, any corporation (being a body not falling under any of the other provisions of this clause), established by or under any law for the time being in force which grants any loan or advance in pursuance of that Act ; (j) an advance of any sum exceeding rupees three thousand made on the basis of a negotiable instrument as defined in the 26 of Negotiable Instruments Act, 1881, other than a promissory note ; 1881. (k) an advance of any sum exceeding rupees three thousand made on the basis of a hundi (written in English or any Indian language) ; (l) an advance made bonafide by any person carrying on any business, not having for its primary object the lending of money, if such advance is made in the regular course of his business ; (m) except for the purposes of sections 29 and 31,- (i) a loan, by a landlord to his tenant for financing of crops or seasonal finance, of not more than Rs. 1,000 per acre of land held by the tenant ; (ii) a loan advanced to an agricultural labourer by his employer ; Explanation.—The expression “ tenant ” shall have the meaning assigned to it in the Maharashtra Tenancy and Agricultural Lands Act, or any other LXVII of relevant tenancy law in force relating to tenancy of agricultural lands, and 1948. the expressions “ financing of crops ” and “ seasonal finance ” shall have the meanings assigned to them in the Maharashtra Agricultural Debtors’ XXVIII of Relief Act ; 1947. ¦ÉÉMÉ +É`öö------2--1+ 4 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 (14) “ money-lender ” means,— (i) an individual ; or (ii) an undivided Hindu family ; or (iii) a company other than a non – banking financial company regulated under Chapter IIIB of the Reserve Bank of India Act, 1934 ; 2 of 1934. (iv) an unincorporated body of individuals, who or which,— (a) carries on the business of money-lending in the State; or (b) has his or its principal place of such business in the State; and includes a pawn-broker, but does not include,— (i) Government ; (ii) a local authority ; (iii) a Bank ; (iv) a Co-operative Bank ; (v) a multi-state Co-operative Bank ; (vi) a Non- Banking Financial Company ; (vii) a primary credit society ; (viii) a Regional Rural Bank ; (ix) the Reserve Bank of India ; (x) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation 10 of Act, 1963 ; or 1963. (xi) any other banking or financial institution which the State Government may, by notification in the Official Gazette specify in this behalf ; (15) “pawn-broker” means a money-lender who in ordinary course of his business advances a loan and takes goods in pawn as security for payment of such loan ; (16) “ prescribed ” means prescribed by rules made under this Ordinance ; (17) “ principal ”, in relation to a loan, means the advance actually made to a debtor whether in cash or in kind ; (18) “ Regional Rural Bank ” means a bank established under section 3 of the Regional Rural Banks Act, 1976 ; 21 of 1976. (19) “ recognized language ”, in relation to Brihan Mumbai, means Marathi or Hindi and elsewhere, the language recognized by the Government ; (20) “ register ” means a register of money-lenders maintained under section 7 ; (21) “ Registrar General ” means the Registrar General of Money Lending appointed under section 3 ; (22) “ rules ” means the rules made under this Ordinance ; (23) “ State ” means the State of Maharashtra ; (24) “ suit to which this Ordinance applies ” means any suit between a money-lender and a debtor or his successor arising out of a loan advanced whether before or after the commencement of this Ordinance; ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 5 (25) “ trader ” means a person who in the regular course of business buys and sells goods or other property, whether movable or immovable, and includes,— (i) a wholesale or retail merchant, (ii) a commission agent, (iii) a broker, (iv) a manufacturer, (v) a contractor, (vi) a factory owner, but does not include an artisan or a person who sells his agricultural produce or cattle or buys agricultural produce or cattle for his use. Explanation.—For the purposes of this clause, an “artisan” means a person who does not employ more than ten workers in a manufacturing process on any one day of the twelve months immediately preceding. 3. (1) The State Government may, by notification in the Official Appointment Gazette, appoint the Registrar General of Money-Lending and such number of Registrar General and of Divisional Registrars, District Registrars and Assistant Registrars as it other officers thinks proper. to assist (2) The Registrar General shall have jurisdiction throughout the State. him. The Divisional Registrar shall have jurisdiction throughout his division, the District Registrar shall have jurisdiction throughout his District and the Assistant Registrar shall have jurisdiction, in such area of the District as the State Government may, by order, specify. The Divisional Registrar shall be subordinate to the Registrar General, the District Registrar shall be subordinate to the Divisional Registrar and the Assistant Registrar shall be subordinate to the District Registrar. 4. No money-lender shall carry on the business of money-lending except Money- lender in the area for which he has been granted a licence and except in accordance not to carry on business of with the terms and conditions of such licence. money- lending except for area under licence and except in accordance with terms of licence. 5. (1) Every money-lender shall annually, before such date as may be Application prescribed, make an application in the prescribed form for the grant of licnece for licence. to the Assistant Registrar of the area within the limits of which, the place where he carries on or intends to carry on the business of money-lending is situated. When he carries on or intends to carry on such business at more than one place, a separate application in respect of each such place shall be made to such Assistant Registrar. Such application shall contain the following particulars, namely :— (a) the true name in which such money-lender intends to carry on business and the true name of the person propose to be responsible for the management of the same; 6 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 (b) if the application is by or on behalf of,— (i) an individual, the true name and address of such individual; (ii) an undivided Hindu family, the true names and addresses of the manager and the adult coparceners of such family ; (iii) a company, the true names and addresses of the directors, managers or principal officer managing it ; (iv) an unincorporated body of individuals, the true names and addresses of such individuals; (c) the area and the place or principal place of the business of money- lending in the State ; (d) the name of any other place in the State where the business of money-lending is intended to be carried on; (e) whether the person signing the application has himself or any of the adult coparceners of an undivided Hindu family, or any director, manager or principal officer of the company or any member of the unincorporated body on behalf of which such application has been made, as the case may be, has carried on the business of money-lending in the State in the year ending on the 31st day of March immediately preceding the date of application either individually, or in partnership, or jointly with any other coparcener or any other person and whether in the same name or any other name ; (f) the total amount which such person intends to invest in the business of money-lending in the year for which the application has been made ; (g) if the places at which the business of money-lending is to be carried on are more than one, the true names of persons who shall be in the management of business at each such place. (2) The application shall be in writing and shall be signed,— (a) (i) if the application is made by an individual, by the individual; (ii) if the application is made on behalf of an undivided Hindu family, by the manager of such family ; (iii) if the application is made by a company or unincorporated body, by the managing director or any other person having control of its principal place of business; (b) by an agent authorized in this behalf by a power of attorney by the individual money-lender himself, or the family or the company or the unincorporated body, as the case may be. (3) The application shall also contain such other particular as may be prescribed. (4) Every application shall be accompanied by the prescribed licence fee. (5) The fee payable under this section shall be paid in the manner prescribed and shall not be refunded, notwithstanding the fact that the application is withdrawn or subsequently rejected. Grant of 6. On receipt of an application under section 5, the Assistant Registrar licence and shall make necessary enquiry to satisfy himself about the bonafides and entry in conduct of the applicant and shall forward the application together with his register. report, to the District Registrar. Subject to the provisions of this Ordinance, the District Registrar may, after making such further inquiry, if any, as he deems fit, grant the applicant a licence in such form and subject to such conditions as may be prescribed, and direct the Assistant Registrar to enter ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 7 the name of such applicant in the register maintained by him under section 7 : Provided that, the District Registrar shall grant such licence in the Scheduled Areas, after consultation with the Gram Sabha and the Panchayat concerned, and where the area of licence extends to more than one Gram Sabha or Panchayat, then all the concerned Gram Sabhas and Panchayat Samitis within whose area of jurisdiction the money-lender carries or intends to carry on the business of money-lending : Provided further that, the decision taken by majority of the Gram Sabhas concerned by passing a resolution in any of the above matters shall be binding on the concerned Panchayat Samiti. Explanation.— For the purposes of this section,— (i) the expression “Gram Sabha”, “ Panchayat ” and “ Scheduled Area ” shall have the meanings, respectively, assigned to them in the III of Maharashtra Village Panchayats Act; 1959. (ii) the expression “ Panchayat Samiti ” shall have the meaning Mah. V assigned to it in the Maharashtra Zilla Parishads and the Panchayat of 1962. Samitis Act, 1961. 7. Every Assistant Registrar shall maintain, for the area of his Register of jurisdiction, a register of money-lenders in such form as may be prescribed. money- lenders. 8. (1) The grant of a licence shall not be refused except on any of the Refusal of following grounds:— issue of licence. (a) that the applicant, or any person responsible or proposed to be responsible for the management of his business as a money-lender is disqualified from holding a licence; (b) that the applicant has not complied with the provisions of this Ordinance or the rules in respect of an application for the grant of a licence; (c) that the applicant has made willful default in complying with or knowingly acted in contravention of any requirement of this Ordinance; (d) that satisfactory evidence has been produced before the District Registrar that the applicant or any person responsible or proposed to be responsible for the management of the business of money-lending has,— (i) knowingly participated in or connived at any fraud or dishonesty in the conduct of or in connection with the business of money-lending ; or (ii) been found guilty of an offence under Chapter XVII 45 of or sections 465, 477 or 477-A of Chapter XVIII of the Indian 1860. Penal Code. (2) The District Registrar shall, before refusing a licence under sub-section (1), give to the applicant a reasonable opportunity of producing evidence, if any, in support of the application and of showing cause why the licence should not be refused ; and record the evidence adduced before him and his reasons for such refusal. (3) An appeal shall lie from the decision of District Registrar refusing a licence under sub-section (1), to the Divisional Registrar, whose decision thereon shall be final. 8 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 (4) An appeal against the decision of the District Registrar under sub-section (1) may be filed within three months from the date of the decision: Provided that, the Divisional Registrar may, for reasons to be recorded, entertain the appeal after the expiry of a period of three months from the date of decision of the District Registrar under sub- section (1), if he is satisfied that the appellant was prevented, for the reasons beyond his control, from filing the appeal within a period of three months. Revisionary 9. The Registrar General may, suo motu or on an application, call for powers of and examine the record of any enquiry or proceedings of any matter where Registrar the order has been passed or decision has been given by an officer subordinate General. to him, and no appeal lies against such decision or order for the purpose of satisfying himself as to the legality and proprietary of the decision or order and as to the regularity of the proceedings. If during the course of such inquiry, the Registrar General is satisfied that the decision or order so called for should be modified, annulled or reversed, he may, after giving a person likely to be affected thereby an opportunity of being heard, pass such order thereon as he may seem just. Term of 10. A licence shall be valid from the date on which it is granted to the licence. 31st day of March following: Provided that, where an application for renewal of licence has been received by the Assistant Registrar within the prescribed period, the licence shall, until the application is finally disposed of, be deemed to be valid. District 11. (1) The District Registrar may, during the term of any licence, Registrar’s cancel the same by an order in writing on the ground that the person to power to whom it was granted has been guilty of any act or conduct for which he cancel licence. might, under section 8, have refused him the grant of the licence and which act or conduct was not brought to his notice at the time of the grant. (2) Before cancelling a licence under sub-section (1), the District Registrar shall give notice in writing to the licencee and may hold such inquiry as may be necessary. (3) An appeal shall lie from an order of the District Registrar cancelling a licence under sub-section (1), to the Divisional Registrar whose decision thereon shall be final. (4) An appeal against the order of the District Registrar under sub- section (1) may be filed within three months from the date of the order: Provided that, the Divisional Registrar may, for the reasons to be recorded, entertain the appeal after the expiry of the period of three months from the date of the order of the District Registrar under sub-section (1), if he is satisfied that the appellant was prohibited, for the reasons beyond his control, from filing the appeal within the period of three months. Levy of 12. (1) An inspection fee shall, in addition to the licence fee leviable inspection fee. under section 5, be levied on a money-lender applying for a renewal of a licence at the rate of one per cent. of the maximum capital utilized by him during the period of licence sought to be renewed or rupees one hundred, whichever is more. (2) An application for renewal of a licence shall not be allowed unless the inspection fees under sub-section (1) is paid. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 9 Explanation.—For the purposes of this section, “ maximum capital ” means the highest total amount of the capital sum which may remain invested in the money-lending business on any day during the period of licence. 13. (1) No court shall pass a decree in favour of a money-lender in any Suits by suit unless the court is satisfied that at the time when the loan or any part money- thereof, to which the suit relates was lent, the money-lender held a valid lenders not holding licence, and if the court is satisfied that the money-lender did not hold a licence. valid licence, it shall dismiss the suit. 3 of (2) Nothing in this section shall affect the powers of a Court of Wards, 1909. or an Official Assignee, a receiver, an administrator or a Court under the 5 of provisions of the Presidency Towns Insolvency Act, 1909, or the Provincial 1920. Insolvency Act, 1920 or any other law in force corresponding to that Act, or 1 of 1956. of a liquidator under the Companies Act, 1956, or the Companies Act, 2013, 18 of as the case may be, to realise the property of a money-lender. 2013 14. (1) Any person may, during the validity of a licence, file an Application application to the District Registrar for the cancellation of the licence issued for cancellation to a money-lender on the ground that such money-lender has been guilty of of licence. any act or conduct for which the District Registrar may under section 8, refuse him the grant of a licence. At the time of filing his application, the said person shall deposit such amount not exceeding Rs. 100, as the District Registrar may deem fit. (2) On the receipt of such application and deposit or of a report to that effect from an officer acting under section 16, the District Registrar shall hold an inquiry and if he is satisfied that the money-lender has been guilty of such act or conduct, he may cancel the licence of the money-lender and may also direct the return of the deposit made under sub-section (1). (3) If in the opinion of the District Registrar an application made under sub-section (1) is frivolous or vexatious, he may, out of the deposit made under sub-section (1), direct to be paid to the money-lender such amount as he deems fit as compensation. 15. For the purposes of sections 6 and 16, the Registrar General, Registrar Divisional Registrar, District Registrar, Assistant Registrar and the officer General and his authorized under section 16; and for the purposes of section 14, the District subordinates Registrar shall have and may exercise the same powers as are vested in a to have 5 of Civil Court under the Code of Civil Procedure, 1908, in respect of the powers of 1908. following matters, namely:— Civil Court. (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; and (d) proof of facts by affidavits. 16. For the purpose of verifying, whether the business of money- Power of lending is carried on in accordance with the provisions of this Ordinance, authorized officer to Registrar General, Divisional Registrar, District Registrar and Assistant require Registrar or any other officer authorized by the State Government in this production of behalf may require any money-lender or any person in respect of whom the records or Registrar General, Divisional Registrar, District Registrar and Assistant documents. Registrar or the officer authorized by him, has reason to believe that he is carrying on the business of money-lending in the State, to produce any record or documents in his possession which in his opinion is relevant for the ¦ÉÉMÉ +É`öö------2--2 10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 16, 2014/{ÉÉè¹Éø 26, ¶ÉEäò 1935 purpose and thereupon such money-lender or person shall produce such record or documents. The Registrar General, Divisional Registrar, District Registrar and Assistant Registrar or officer so authorized may, after reasonable notice, at any reasonable time enter and search without warrant any premises where he believes such record or documents to be kept and inspect such record or documents and may ask any question necessary for interpreting or verifying such record. Disposal of 17. (1) If upon the inspection of record and documents made under property section 16, the inspecting officer is satisfied that the money-lender is in pledged with possession of property pledge to him by a debtor as security for the loan money-lender carrying on advanced by money-lender in the course of his business of money-lending business of without a valid licence, the inspecting officer shall require the money-lender money- to deliver forthwith the possession of such property to him. lending without valid (2) Upon the property being delivered to him, the inspecting officer, if licence. he is not the District Registrar, shall entrust it to the District Registrar and the District Registrar (when he is also the inspecting officer) shall keep it in his custody for being disposed of as hereinafter provided. (3) On delivery of the property under sub-section (1) or sub-section (2), the District Registrar shall, after due verification and identity thereof, return it to the debtor who has pledge it or, where the debtor is dead, to his known heirs. (4) If the debtor or his known heirs cannot be traced, the District Registrar shall, within ninety days from the date of taking possession of the property, publish a notice in the prescribed manner inviting claims thereto. If, before the expiry of the said period, a claim is received, whether in answer to the notice or otherwise, he shall adjudicate upon and decide such claim. If the District Registrar is satisfied that any claim is valid, he shall deliver the possession of the property to the person claiming it on his giving a receipt therefor; and such delivery of the property to the person claiming it shall discharge the District Registrar of his liability in respect of such property against any other person. If the claim is refused, the property shall stand forfeited to the State Government. (5) Whether the possession of the property pledged by a debtor cannot, for any reason (including identity thereof) be delivered to him, then the money-lender to whom it was pledged shall be required to pay to the debtor or if he is dead, to his known heir, the value of such property if such debtor or, as the case may be, the heir claims the property. If the money-lender fails to pay the value, it may be recoverable from him as an arrear of land revenue; and on recovery of the value, it shall be delivered to the debtor by whom such property was pledge or, as the case may be, to the heir. (6) If there is any difference of opinion between the money-lender and the debtor or, as the case may be, his heir on the question of value of the property or its identity, the question shall be referred to the Divisional Registrar for decision and his decision on the question shall be final. (7) The value of the property may be determined with the assistance of the services of an expert appointed by the State Government in that behalf. The expert may be paid such honoraria as the State Government or any officer not below the rank of Tahsildar appointed by it may, by an order in writing, from time to time, in relation to any area or areas, determined.