The Andaman and Nicobar Islands Money-lenders Regulation, 1956.

REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY PART II—Section 1 PUBLISHED BY AUTHORITY No. 14] NEW DELHI, MONDAY, MARCH 12, 1956 MINISTRY OF LAW New Delhi, the 12th March, 1956. THE ANDAMAN AND NICOBAR ISLANDS MONEY- LENDERS REGULATION, 1956 No. 2 OF 1956 Promulgated by the President in the Seventh Year of the Republic of India. A Regulation to regulate and control the transactions of money-lending in the Andaman and Nicobar Islands. In exercise of the powers conferred by clause (2) of article 243 of the Constitution, the President is pleased to promulgate the following Regulation made by him: — CHAPTER I PRELIMINARY 1. (1) This Regulation may be called the Andaman and Nicobar Islands Money-lenders Regulation, 1956. Short title, extent and commence- ment.(2) It extends to the whole of the Andaman and Nicobar Islands (3) It shall come into force on such date as the Chief Commis sioner may, by notification in the Official Gazette, appoint. 2. In this Regulation, unless the context otherwise requires,— (a) 'bank' means a banking company as defined in the Banking Companies Act, 1949; Definitions. 10 of 1949. (b) 'Chief Commissioner' means the Chief Commissioner of the Andaman and Nicobar Islands; 4 3 6 THE GAZETTE OF INDIA EXTRAORDINARY |PART II (c) 'company' means a company as denned in the Indian Companies Act, 1913, and includes any company formed and registered outside India; 7 of 1913 (d) co-operative society means a co-operative society registered under the Co-operative Societies Act, 1912, or under any other law for the time being in force in any State for the registration of co-operative societies; 2 of I9i2. (e) 'court' includes a court acting in the exercise of insolvency jurisdiction; (f) 'interest' includes any sum, by whatsoever name called, paid or payable in excess of the principal to a lender in con- sideration of, or otherwise in respect of, a loan whether the same is charged or sought to be recovered specifically by way of interest or otherwise but does not include any sum lawfully charged by a lender in accordance with the provisions of this Regulation or any other law for the time being in force for or on account of costs, charges, or expenses; (g) 'Islands' means the Andaman and Nicobar Islands; (h) 'licence' means a licence granted under this Regula- tion; (i) 'loan' means an advance, whether of money or in kind, at interest made by a money-lender and includes any transac- tion which, in the opinion of the court, is in substance a loan, but it shall not include— (i) a deposit of money or other property in a Govern- ment Post Office Savings Bank or any other bank, or with a company, or with a co-operative society, or with any employer as security from his employee; (ii) a loan to, or by, or a deposit with, any society or association registered under the Societies Registration Act, 1860, or under any other law relating to public, religious or charitable trusts; (Hi) a loan advanced by, or to, Government, or any local authority; (iv) a loan advanced by a co-operative society; (v) an advance made to a subscriber to, or a depositor m, a Provident Fund from the amount standing to his credit in the Fund in accordance with the rules of the Fund; (vi) a loan to, or by, an insurance company as defined in the Insurance Act, 1938; (vii) a loan to, or by, a bank; 4 of 193 8. SHC- *] THE GAZETTE OF INDIA EXTRAORDINARY 437 (viii) an advance made on the basis of a negotiable instrument as denned in the Negotiable Instruments Act, 1881, other than a promissory note;26 of i88li (ix) a mere supply of goods on credit which is not accompanied by a bond bearing interest executed in respect of the supply of such goods on credit; (j) 'money-lender' means a person other than a bank,— (i) who carries on the business of money-lending in the Islands, or (ii) who has a place of such business in the Islands, and includes a pawn-broker; (fc) 'money-lending business' or 'business of money-lend- ing' means the business of advancing loans either solely or in common with any other business; (I) 'pawn-broker' means a person who carries on the busi- ness of taking goods and chattels in pawn for a loan; (m) 'pawnor' means a person delivering an article for pawn to a pawn-broker; (n) 'prescribed' means prescribed by rules made by the Chief Commissioner under this Regulation; (o) 'principal' in relation to a loan means the amount actually lent to the debtor; (p) 'Provident Fund' means a Provident Fund as defined in the Provident Funds Act, 1925, and includes a Government Provident Fund and a Railway Provident Fund as denned in that Act; 19 of 1925. (q) 'register' means the register of money-lenders main- tained under sub-section (1) of section 4; (r) 'Registrar General' and 'Registrar' mean respectively the Registrar General and Registrar of Money-lenders appoint- ed under section 3; (s) 'secured loan' means a loan for which the money-lender holds a mortgage, charge or lien on the property of the debtor or any part thereof as a security for that loan; (t) 'unsecured loan' means any loan other than a secured loan; and (u) 'year' means a financial year. CHAPTER II REGISTRATION OF MONEY-LENDERS 3. There shall be a Registrar General of Money-lenders and a Registrar of Money-lenders in the Islands for the purpose of this Regulation who shall be appointed by the Chief Commissioner by notification in the Official Gazette. Appointment of Registrar General and Registrar. 4, (i) The Registrar shall maintain in such form as may be prescribed, a register of money-lenders holding licences under this Regulation. Register of money- lenders. (2) The register maintained under sub-section (1) shall be deem- ed to be a public document within the meaning of the Indian Evidence Act, 1872. i of 1872. 5. (1) After such date, not being later than six months from the commencement of this Regulation, as the Chief Commissioner may, by notification in the Official Gazette, appoint in this behalf, no money-lender shall carry on the business of money-lending un- less he holds a licence under this Regulation. Licensing of money- (2) Every application for a licence under this Regulation shall be made to the Registrar and every such application shall contain the prescribed particulars and shall be accompanied by the prescribed fee. (3) Every application for a licence under this Regulation which does not contain the prescribed particulars or is not accompanied by the prescribed fee shall be summarily rejected by the Registrar. (4) Where any application for a licence under this Regulation is not rejected under sub-section (3) and the applicant is not for the time being disqualified for holding such licence, the Registrar shall, subject to the provisions of section 7, grant to the applicant a licence in such form and subject to such conditions as may be prescribed. 6. (1) The Registrar may at any time, by an order in writing, cancel a licence on any ground on which he may have refused such licence: Registrar's power to cancel licence. Provided that such ground of refusal was not brought to his notice at the time the licence was granted. (2) Before cancelling any licence under sub-section (1) the Registrar shall give to the holder thereof a reasonable opportunity of being heard. (3) An appeal shall lie from an order of the Registrar cancelling u licence under sub-section (1), to the Registrar General whose decision thereon shall be final. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 439 7. (1) A licence under section 5 shall not be refused except on any of the following grounds, namely:—• Grounds on which licence may be refused. (o) that the applicant or any person responsible or to be made responsible for the management of his business as a money-lender is disqualified for holding such licence: (b) that the applicant has not complied with the provisions of this Regulation or any rules made thereunder in respect of an application for the grant of a licence; (c) that the applicant has made wilful default in complying with, or has knowingly acted in contravention of any require- ments of, this Regulation; (d) that the applicant or any person responsible or to be made responsible for the management of his business of money-lending has knowingly participated in, or connived at, any fraud or other act of dishonesty in the conduct of the business of money-lending, or any matter connected therewith. (2) Where the Registrar refuses a licence under this section, he shall record his reasons for such refusal- (3) An appeal shall lie from the order of the Registrar refusing a licence under sub-section (1) to the Registrar General whose deci- sion thereon shall be final. 8. Every licence granted under section 5 shall, unless it is can- celled or suspended under the provisions of this Regulation, be valid from the date on which it was granted up to the 31st day of Decem- ber next following. Duration of licence. 9. (1) A person shall be disqualified for holding a licence under this Regulation,— Disqualifica- tions. (i) if a declaration to that effect has been made by a court under section 28; or (ii) if he has been convicted of an offence under Chapter XVII, or section 465, section 477, or section 477A of Chapter XVIII, of the Indian Penal Code.45 of i860. (2) The Chief Commissioner may, at any time, on application being made to him in this behalf in the prescribed form and accom- panied by the prescribed fee, remove any disqualification referred to in sub-section (1), having regard to the time which has elapsed since the declaration by a court under section 28 and the circums- tances under which it was made, or, as the case may be, to the time which has elapsed since the conviction end the nature of the offence. CHAPTER III REGULATION OF ACCOUNTS 10. Every money-lender shall, in respect of every loan advanced by him after the commencement of this Regulation and in respect of every transaction entered into by him after such commencement relating to any loan advanced by him before such commencement, regularly record and maintain or cause to be recorded and main- tained an account showing in respect of each debtor— Duty of money len- der to keep accounts. (i) the date of the loan, the amount of the principal of the loan and the rate per centum per annum of interest charged on the principal; (i'i) the amount of every payment received by the money- lender in respect of the loan and the date of such payment; and (in) such other particulars as may be prescribed. 11. (1) Every pawn-broker shall regularly record and maintain an account in which, in addition to the particulars specified in sec- tion 10, the following particulars shall be recorded, namely: — Duty of pawn-brokci to keep accounts. (a) a full and detailed description of the article or of each of the articles taken in pawn; (b) the time agreed upon for the redemption of the pawn; and (c) the name and address of the pawnor and, where the pawnor is not the owner of the article or of any of the articles pawned, the name and address of the owner thereof. (2) At the time of taking any article in pawn, every pawn- broker shall deliver to the pawnor a receipt signed by the pawn- broker, which shall, in addition to the particulars specified in sub- section (1), mention the sum for which the article has been pawned and the rate of interest chargeable on such sum. 12. Every money-lender shall, in respect of every loan, give to the debtor a receipt for every sum paid by or on behalf of the debtor, duly signed emd, if necessary, stamped, at the time of such payment or within a reasonable time thereafter, and shall also permit the debtor or his agent to endorse such payment on the do- cument, if any, evidencing the loan. Receipt to be given for every sum paid by debtor. 13. Every money-lender shall— (a) deliver to the borrower at the time a loan is advanced a statement (in the language commonly spoken in the Islends or in the English language as the borrower may desire) in such Furnishing statement of account to borrowers. 6KC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4 4 IT form as may be prescribed and showing such particulars of the loan and such other information in connection therewith as may be prescribed; (b) upon repayment in full of a loan mark indelibly every paper signed by the borrower with words either indicating full payment or cancellation of such paper and shall discharge any mortgage, restore any pledge, return any note and cancel any assignment given by the borrower as security for such loan. 14. (1) Every money-lender shall, on demand made in writing by the debtor furnish to the debtor or, if the debtor so requires, to any person authorised by him in that behalf, a statement of account duly signed by the money-lender or his agent, showing: — Other duties of money Lenders. (a) the amount of principal and the amount of interest due to the money-lender, and the date of the loan; (b) the amount of every payment received by the money- lender in respect of the loan and the date of each such pay- ment; (c) the payments, if any, credited towards interest and the payments, if any, credited towards the principal; (d) the amount of principal remaining unpaid and the interest thereon; and (c) such other particulars as may be prescribed: Provided that where a money-lender has complied with such demand, the debtor shall not make a further demand for a state- ment of account in respect of the same loan within a period of six months from the date of such compliance. (2) A person to whom a statement of account has been furnished under sub-section (1) shall not be bound to acknowledge or deny its correctness, and his failure to object to the correctness of the account shall not by itself be deemed to be an admission of the correctness of such account. (3) If a money-lender to whom a demand has been made under this section, fails without reasonable cause to comply therewith within one month from the date of such demand, he shall not be entitled to any interest for the period of default. 15. (I) Where an officer specially empowered in this behalf by the Chief Commissioner, has reason to believe that the accounts re- quired to be maintained under this Regulation by a money-lender are not properly maintained by him, such officer may call upon the money-lender to produce all his books of account for inspection and such money-lender shall be bound to produce all such books. Inspection of accounts. (2) If from such inspection it appears that the money-lender has committed any offence under this Regulation, such officer may cause proceedings to be instituted against him in the court having jurisdiction to try the offence. CHAPTER IV INTEREST AND OTHER CHARGES 16. (I) The Chief Commissioner may, in consultation with the Central Government and, having regard to the prevailing rates of interest in the Islands, fix from time to time, by notification in the Official Gazette, the maximum rate of interest which a money- lender may charge, and different rates of interest may be fixed for different areas and in respect of secured loans and unsecured loans. Maximum rate of interest, (2) Notwithstanding anything contained in any law for the time being in force, no agreement between a money-lender and a bor- rower for payment of interest at a rate exceeding the maximum rate fixed by the Chief Commissioner under sub-section (1) shall be valid, and no court shall in any suit to which this Regulation ap- plies award interest at a rate exceeding such rate. 17. (2) Any agreement between a money-lender and a borrower or an intending borrower for the payment to the lender of any sum on account of costs, charges or expenses incidental or relating to the negotiations for, or the granting of, the loan or proposed loan, shall be illegal, and if any sum is paid to a lender by the borrower or intending borrower as, 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, shall, if not so recovered, be set off against the amount actually lent and that amount shall be deemed to be reduced accordingly: Certain agreements to be void. Provided that nothing in this section shall debar a lender from recovering the costs of investigating title, of stamp duty and regist- ration of documents and other necessary and incidental expenses in cases where the agreement includes a stipulation that property is to be given as security or by way of mortgage, or the costs of stamp duty and registration of documents in the case of unsecured loans, if both parties have agreed to such expenditure and the re- imbursement thereof, nor from recovering such costs, charges or expenses es are leviable under the provisions of the Transfer of Property Act, 1882, or any other law for the time being in force. 4 of 1882. (2) Any agreement between a money-lender and a borrower for the payment outside the Islands, of any loan or interesf'thereon or any part of such loan or interest shall be illegal and shall not be enforceable in any court of law. Six 1] THE GAZETTE OF INDIA EXTRAORDINARY 443 CHAPTER V PROVISIONS RELATING TO SUITS AND APPLICATIONS IN RESPECT OF LOANS AND EXECUTION OF DECREES 18. After the expiry of six months from the commencement of this Regulation, no court shall entertain a suit by a money-lender for the recovery of a loan advanced by him after such commence- ment unless the court is satisfied that such money-lender held a valid licence at the time when such loan was advanced. Suits for recovery of loaus. 19. Notwithstanding anything contained in any law for the time being in force, in any suit brought by a money-lender for the re- covery of a loan— Procedure in suits relating (a) the court shall, before deciding the claim on its merits, frame and decide the issue whether the money-lender has jn respect of the claim in suit complied with the provisions of Chapter III; (b) if the court finds that any of the aforssaid provisions have not been complied with, it may, if the plaintiff's claim is established in whole or in part, disallow the whole or such portion of the interest found due as may, in the circumstances of the case, appear to the court to be reasonable and may also disallow the whole or any portion of the costs. 20. (2) Notwithstanding anything contained in any law for the time being in force, in any suit to which this section applies, whether heard ex parte or otherwise, the court may exercise all or any of the following powers— Re-opening of transac- tions. (a) re-open any transaction or any account already taken between the parties; (&) take an account between the parties; (c) reduce the amount charged to the debtor in respect of any excessive interest; (d) if on taking account it is found that the money-lender has received more than what is due to him, pass a decree in favour of the debtor in respect of such amount as has been received by the money-lender in excess of what is due to him; (e) set aside either wholly or in part or revise or alter any security given or agreement made in respect of any loan, and if the lender has parted with the security, order him to indemnify the debtor in such manner and to such extent as it may deem fit: Provided that in the exercise of any such power the court shall not— (i) re-open any adjustment or agreement purporting to close previous dealings and to create new obligations, which has been entered into by the parties or any persons through whom they claim, at a date earlier than twelve years prior to the date of the suit, not being a date earlier than the 8th day of October, 1945; or (ii) do anything which affects any decree of a court other than a decree which has remained unsatisfied in whole or in part at the commencement of this Regulation. (2) Where any decree passed before the commencement of this Regulation on the basis of a loan, remains unsatisfied in whole or in part at such commencement, the court which passed the decree or the court or other authority to which the decree is sent for execution, may, on application by the judgment-debtor, exercise all or any of the powers specified in sub-section (1) as if such appli- cation were a suit to which this section applies. (3) In this section, the expression 'suit to which this section applies' means any suit or proceeding— (a) for the recovery of a loan advanced before or after the commencement of this Regulation; or (b) for the enforcement of any agreement relating to a loan entered into before or after the commencement of this Regulation, whether by way of settlement of account or other- wise or of any security taken in respect of any loan advanced, whether before or after the commencement of this Regulation; or (c) for the redemption of any security given before or after the commencement of this Regulation in respect of any loan advanced, whether before or after the commencement of this Regulation. 21. (I) Any debtor may, at any time during which any loan taken by him, whether before or after the commencement of this Regu- lation, remains unpaid in whole or in part, make an application to the court which has jurisdiction to entertain a suit by the money- lender for the recovery of such loan, praying that account in respect of such loan be taken by the court and that the amount due to the money-lender be declared by the court. • (2) Every such application shall be in writing and shall be accompanied by a fee of one rupee. Application for taking accounts and declaring amount due to money- lender. S E C ' : ] THE GAZETTE OF INDIA EXTRAORDINABY 445 (3) Where any application is made under this section, the court shall cause a notica thereof to be served on the money-lender, call- ing upon him— (a) to submit in the prescribed form a statement of the loan owed to him by the debtor, and (b) to produce all documents including entries in books of accounts on which he relies to support his claim in respect of the loan together with a true copy of every such document. (4) If any money-lender, without reasonable cause, falls to comply with a notice under sub-section (3), the court may declare that the loan, in respect of which the application has been made under this section by the debtor, shall, for all purposes and for all occasions, be deemed to have been duly repaid and that such decla- ration shall operate as an acquittance for the amount of such loan in the same manner and to the same extent as if that amount had baen received by the money-lender on the date of such declaration. (5) Where the money-lender has, in compliance with a notice under sub-section (3), submitted a statement of loan and the docu- ments on which he relies to support his claim in respect of the loan, the court shall proceed to take accounts of the loan and shall, after giving a reasonable opportunity to the money-lender and the debtor to be heard and after taking such evidence as it may deem necessary, make an order declaring the amount, if any, payable by the debtor to the money-lender on the date of such order, whether on account of the principal of the loan or on account of interest thereon or on account of both principal and interest. (6) In taking accounts under this section, the court shall follow, so far as may be, the same procedure as it follows in regard to civil suits and shall exercise the powers conferred on it under sub- section (1) of section 20 as if the proceeding were a suit to which that section applies. (7) Every proceeding under this section shall be deemed to be a suit for the purposes of section 11 of the Code of Civil Procedure, 1908, and the order of the court under sub-section (5) shall, for the purposes of an appeal, be deemed to be a decree of the court. 5 of 1908. 22. Notwithstanding anything contained in the Code of Civil Pro- cedure, 1908, or any other law for the time being in force, a court may, at any time, on application made by a judgment-debtor, and after notice to the decree-holder, direct that the amount of any decree passed against the judgment-debtor, whether before or after the commencement of this Regulation, in respect of a loan, shall be paid in such number of instalments and subject to such conditions and shall be payable on such dates, as, having regard to 5 of 1908. Power of court to dlr« ect payment of decretal amount by instalments. the circumstances of the judgment-debtor and the amount of the decree, the court deems fit. 23. (1) Notwithstanding anything contained in any law for the time being in force or in any contract or agreement, a usufructuary mortgage, whether executed before or after the commencement of this Regulation, shall, unless discharged earlier, be deemed to stand discharged after the expiration of fifteen years from the date of the mortgage as if the mortgage-debt had then been extinguished, and the mortgagee shall, on such expiration,— Discharge ol usufructuary mortgages. (a) deliver possession of the mortgeged property, together with all the documents relating to such property, to the mortga- gor, and (b) re-transfer, at his cost, the mortgaged property to the mortgagor free from the mortgage and from all encumbrances created by him: Provided that, in computing the period of fifteen years under this sub-section, the period from the 22nd day of March, 1942 to thr 7th day of October, 1945 shall be excluded. (2) In this section references to "mortgagor" and "mortgagee'1 shall include references to any person claiming under the mortgagor and the mortgagee, respectively. 24. (1) When a debtor tenders to a money-lender any amount on account of any interest due on a loan or on account of the principal of a loan and the money-lender refuses to accept such amount or to grant a receipt for the same, the debtor may deposit such amount in the court (in which the money-lender might have instituted a suit for the recovery of the loan) to the credit of the money-lender. Deposit In i_ourt of money due to money- lender. (2) The court shall thereupon grant a receipt for the deposit under its seal and shall cause a written notice of the deposit to be served on the money-lender. (3) A receipt granted by the court under sub-section (2), shall operate as an acquittance for the amount deposited as aforesaid in the same manner and to the same extent as if that amount had been received by the money-lender to whose credit the deposit was made, on the date of such deposit. (4) The money-lender may, at any time within three years after the date of service upon him of the notice referred to in sub-section (2), make an application to the court praying that the amount de- posited as aforesaid be paid to him, and the court may thereupon order such amount to be paid to the applicant on such terms and conditions as may be specified in the order. Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY 447 (5) If no application is made under sub-section (4) within the period mentioned in that sub-section, the amount deposited shall be disposed of in such manner as may be prescribed. 25. Notwithstanding anything contained in any law for the time bong in force, no court shall order execution of a decree passed in any suit for the recovery of a loan by arrest and detention in prison of the iudement-debtor. Prohibition of execution of decree by arrest and detention in priBon. 26. (1) Notwithstanding anything contained in any law for the time being in force, or in anything having the force of law, where a decree is passed, whether before or after the commencement of this Regulation, for the payment by an agricultural debtor of the amount due on any loan advanced to him by a money-lender the court executing the decree— Exemption of portion of holdings trom attach- ment or sale in execution ol decree. (i) shall exempt from sale one acre of the land comprised in the holding or holdings of the judgment-debtor, if the area of such land does not exceed three acres; and (ii) shall exempt from sale one acre and may exempt any further portion of such lend, if the area of such land exceeds three acres: Provided that the total area exempted from sale shall not exceed one-third of the total area of such land. (2) For the purposes of this section, agricultural debtor means a person who earns his livelihood wholly or principally— (a) by the cultivation of land personally or through servants or by hired labour, or (b) as sn artisan or a field labourer employed in work connected with agriculture (whether he is paid in cash or kind). CHAPTER VI PENALTIES 27, (1) No money-lender shall take from any debtor any promissory note, acknowledgment, bond or other writing which does not state the actual amount of the loan, or which states such amount wrongly or in excess of what has actually been advanced- Entry of wrong sum in bond, etc.., to be offence. (2) No money-lender shall execute or cause to be executed any instrument pertaining to a loan, in which blanks are left to be filled after execution. (3) Whoever contravenes the provisions of sub-section (1) or sub- section (2), shall be punishable with fine which may extend to one thousand rupees. 28. (1) A court trying a suit brought in respect of a loan by a money-lender or a suit to which section 20 applies or a court passing an order of conviction against a money-lender for an offence under this Regulation, if satisfied that the money-lender has been guilty of fraud or of any contravention of the provisions of this Regulation or of any rule made thereunder, or is otherwise unfit to carry on the business of money-lending, may order that the licence held by such money-lender be cancelled or suspended for such time as it may think fit, and may declare such money-lender to be disqualified for holding a licence under this Regulation. Court's power to cancel or suspend licence. (2) A court making an order under sub-section (1) shall cause the particulars of such order to be endorsed on the licence held by the money-lender and shall also send a certified copy of such order to the Registrar. (3) Any licence required by a court for endorsement under sub- section (2) shall be produced by the person by whom it is held in such manner and within such time as may be directed by the court, and any person who without reasonable cause, makes default in producing the licence so required, shall be punishable with fine which may extend to one hundred rupees for each day during which the default continues. (4) For the removal of doubts it is hereby declared that the powers conferred on a court under this section may also be exercis- ed bv the court of appeal or revision. 5J9. (1) Whoever molests or abets the molestation of a debtor for the recovery of a loan owed by him to a money-lender, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Penalty for molestation, Explanation.—For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,— (a) obstructs or uses violence to or intimidates such other person; or (b) persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinders him in, the use thereof; or (c) loiters near a house or other place where such other person resides or works or carries on business or happens to be, or does any act calculated to annoy or intimidate such other person, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 449 shall be deemed to molest such other person: Provided that a person who goes to such house or place in order merely to obtain or communicate information, shall not be deemed to molest such other person. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this section shall be cognizable and bailable, and also compoundable with the leave of the Court. 5 of 189k. CHAPTER VII MISCELLANEOUS 30. No suit, prosecution or other proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Regulation. Inderalnty 31. The provisions of this Regulation are in addition to, and not in derogation of, the provisions of the Usurious Loans Act, 1918.10 of 191&, Provisions of Usurious Loans Act, 1918 not affected. 32. (1) The Chief Commissioner may, by notification in the Official Gazette, make rules forl carrying out the purposes of this Regulation. Power to make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: — (a) the form of the register to be maintained under section 4; (b) the form of an application under sub-section (2) of sec- tion 5 and the particulars to be contained in such application; (c) the form of a licence to be granted under sub-section (4) of section 5; (d) the form of an application under sub-section (2) of section 9 for the removal of a disqualification; (e) the particulars to be shown in the account maintained under section 10; (f) the form of a statement referred to in section 13 and the particulars to be contained in such statement; 450 THE GAZETTE OF INDIA EXTRAORDINAu iT [PART H--SF.C. I ] (g) the form of a statement of accounts to be furnished by a money-lender under sub-section (J) of section 14, and the particulars to be contained in such statement; (h) the manner in which the amount deposited in a court may be disposed of under sub-section (5) of section 24; (i) the fees to be paid under this Regulation and the manner of their collection. RAJENDRA PRASAD, President. Secy, to the Govt. oj India. PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS. N I W DELHI AND PUBLISHED B^ THE MANAGER OF PUBLICATIONS DELHI 1956