Act No. 58 of 2001
19th September, 2001
AN ACT to make better provisions for the regulation and control of transaction of money-lending in the State of Goa. BE it enacted by the Legislative Assembly of Goa, in the Fifty-second Year of the Republic of India as follows:-
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(1) This Act may be called the Goa Money-Lenders Act, 2001.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force at once.
In this Act, unless the context otherwise requires,-
The Government may, by notification in the Official Gazette, appoint such persons, whether public officers or not, as it thinks proper, to be Registrars and Assistant Registrars of money-lenders, for the purposes of this Act and may define the areas within which each such officer shall exercise his powers and perform his duties.
Every Assistant Registrar shall maintain for the area in his jurisdiction a register of money-lenders as prescribed by the Government.
On and from the commencement of this Act, no money-lender shall carry or continue to carry on the business of money-lending except in the area for which he has been granted a licence and except in accordance with the terms and conditions of such licence.
(1) Every money-lender shall annually, before such date as may be prescribed, make an application in the prescribed form for the grant of licence to the Assistant Registrar of the area within the limits of whose Jurisdiction 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:-
On the receipt of an application under section 6, the Assistant Registrar shall forward the application, together with his report, to the Registrar. Subject to the provisions of this Act, the 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 the name of such applicant in the register maintained by him under section 4.
Upon the grant of a licence, the licensee shall be required to pay a sum of Rs. 10,000/- towards licence fee or such other higher sum as may be notified by the Government.
(1) The grant of a licence shall not be refused except on any of the following grounds:-
(1) The Registrar may, during the term of any licence, cancel the same by an order in writing on the ground that the person to whom it was granted has been guilty of any act or conduct for which he might under section 9 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 Registrar shall give notice in writing to the licensee and may hold such inquiry as may be necessary.
(3) An appeal shall lie from an order of the Registrar cancelling a licence under sub-section (1) to the Government whose decision thereon shall be final.
A licence shall be valid from the date on which it is granted up to the 31st day of July following: Provided that when an application for renewal of a licence has been received by an Assistant Registrar within the prescribed period, the licence shall, until the application is finally disposed of, be deemed to be valid.
The fees for renewal of licence shall be Rs. 5,000/- per annum.
(1) An inspection fee shall, in addition to the licence fee leviable under section 8, be levied and collected from money-lender applying for a renewal of licence at the rate of one per cent of the maximum capital utilised by him during the period of the licence sought to be renewed, or rupees five hundred, whichever is less.
(2) In default of payment of an inspection fee leviable under sub-section (1), it shall be recoverable from the defaulter in the same manner as an arrears of land revenue.
Explanation:- For the purpose 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 a licence.
(1) No court shall pass a decree in favour of a money-lender in any suit to which this Act applies, unless the court is satisfied that at the time when the loan or any part thereof, to which the suit relates was advanced, the money-lender held a valid licence, and if the court is satisfied that the money-lender did not hold a valid licence, it shall dismiss the suit.
(2) Nothing in this section shall affect -
Every person who has advanced a sum of money or is otherwise covered by the provisions of this Act shall register all such past transactions of money-lending with the Registrar within 15 days of the coming into force of this Act under an intimation thereof.
(1) Any person may, during the currency of a licence, file an application to the Registrar for the cancellation of the licence issued to a money-lender on the ground that such money-lender has been guilty of any act or conduct for which the Registrar may under section 9 refuse him the grant of a licence. At the time of filing his application the said person shall deposit such amount not exceeding Rs.500/- as the 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 18 the Government shall hold an inquiry and if it is satisfied that the money-lender has been guilty of such act or conduct it may direct the Registrar to 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 Registrar, an application made under sub-section (1) is frivolous or vexatious, he may, out of the deposit made under sub-sect
For the purposes of sections 7 and 18, the Registrar, Assistant Registrar, and, as the case may be, the officer authorised under section 18 and for the purposes of section 16, the Registrar shall have and may exercise the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters:-
For the purpose of verifying whether the business of money-lending is carried on in accordance with the provisions of this Act, the Registrar, Assistant Registrar or any other officer authorised by the Government in this behalf may require any money-lender or any person in respect of whom the Registrar, Assistant Registrar or the officer so authorised 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 purpose and thereupon such money-lender or person shall produce such record or document. The Registrar, Assistant Registrar or officer so authorised may, after reasonable notice, at any reasonable time, enter and search without warrant any premises where he believes such record or document to be and inspect such record or document and may ask any question necessary for interpreting or verifying such record and shall forward a report in that regard to the
(1) If, upon the inspection of records and documents made under section 18, the inspecting officer is satisfied that the money-lender is in possession of property pledged to him by a debtor as security for the loan advanced by the money-lender in the course of his business of money-lending without a valid licence or in violation of sections 14 and 15 of this Act, the inspecting officer shall require the money-lender to deliver forthwith the possession of such property to him.
(2) Upon the property being delivered to him, the inspecting officer, if he is not the Registrar, shall entrust it to the Registrar and the 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 Registrar shall, after due verification and identity thereof, return it to the debtor who had pledged it or, where the debtor is dead, to his known heirs.
(1) (i) A Court passing an order of conviction against a money-lender for an offence under this Act; or
(ii) a Court trying a suit to which this Act applies; if satisfied that such money-lender has committed contravention of the provisions of this Act or the rules as would, in its opinion, make him unfit to carry on the business of money-lending.-
(2) Where a Court convicts a money-lender of an offence
Where any licence is suspended or cancelled under this Act, no person shall be entitled to any compensation or the refund of any licence fee or inspection fee.
A person whose licence has been suspended or cancelled in accordance with the provisions of this Act shall, during the period of suspension or cancellation, as the case may be, be disqualified from holding any licence in the State.
No person whose licence has been endorsed under section 20 or who has been disqualified from holding a licence shall apply for, or be eligible to hold, a licence, without giving particulars of such endorsement or disqualification.
(1) Every money-lender shall keep and maintain a cash book and a ledger, and shall have such accounts audited by an authorised auditor.
(2) Every money-lender shall-
(1) Every money-lender shall deliver or cause to be delivered every year to each of his debtors a legible statement of such debtor's accounts signed by the money-lender or his agent of any amount that may be outstanding against such debtor. The statement shall show-
The Statement shall be signed by the money-lender, or his agent, and shall be in any recognised language. It shall be in such form and shall be supplied to the debtor on or before such date as may be prescribed: Provided that no such statement shall be required to be delivered to a debtor if he is supplied by the money-lender with a pass book which shall be i
A debtor to whom a statement of accounts or a pass book has been furnished under section 25 shall not be bound to acknowledge or deny its correctness and failure to do so shall not, by itself, be deemed to be an admission of correctness of the accounts.
Notwithstanding anything contained in any law for the time being in force, in any suit to which this Act applies-
Explanation:- A money-lender who has given the receipt or furnished statement of accounts or a pass book in the prescribed form and manner, shall be held to have complied with the provisions of section 24 or section 25, as the case may be, inspite of any errors or omissions, if the Court finds that such errors and omissions are not materi
Nothing in sections 24 to 27 shall apply to loans advanced by any company or unincorporated body which the Government may, by notification in the Official Gazette, exempt from operation of those sections for reasons to be recorded in writing.
Not with-standing anything contained in any agreement contract, instrument, usage, custom or any law for the time being in force, no Court shall in respect of any loan, whether advanced before or after the date on which this Act comes into force, decree on account of interest, a sum greater than principal of the loan due on the date of decree.
Notwithstanding anything contained in the Code of Civil Procedure, 1908, the Court may, at any time, on application of a judgement - debtor, after notice to the decree - holder, direct that the amount of any decree passed against him, whether before or after the date on which this Act comes into force, in respect of a loan, shall be paid in such number of instalments and subject to such conditions, and payable on such dates, as having regard to the circumstances of the Judgement-debtor and the amount of the decree, it considers fit.
(1) The Government may, from time to time, by a notification in the Official Gazette, fix the maximum rate of interest for any local area or class of business of money-lending in respect of secure and un-secured loans and until such rates are fixed, the maximum interest charged shall not exceed 24% per annum.
(2) No money-lender shall receive from a debtor or intending debtor any sum by way of compound interest on a loan advanced or intended to be advanced or any sum by way of interest at a rate higher than the rate fixed under sub-section (1) for any default committed by the debtor in payment of the sums on due date in accordance with the terms on which the loan is granted: Provided that the money-lender, in case of such default, may charge simple interest at a rate not exceeding the rate payable in respect of the principal on the sums due in respect of the period commencing on the date on which they become due for payment and ending on the date on which they are actually p
(1) No money--lender shall receive from a debtor or intending debtor any sum other than reasonable costs of investigating title to the property, costs of stamp, registration of documents and other usual out-of-pocket expenses in cases where an agreement between the parties includes a stipulation that property is to be given as security or by way of mortgage and where both parties have agreed to such costs and reimbursement thereof or where such costs, charges or expenses are leviable under the provisions of the Transfer of Property Act, 1882, or any other law for the time being in force.
(2) Any sum received by a money-lender in contravention of sub-section (1) from a debtor or intending debtor on account of costs, charges, or expenses referred to in that sub-section shall be recoverable from the money-lender as debt due from him to the debtor or, as the case may be, intending debtor, or shall be liable to be set off against the loan actually lent to the debtor or intending
(1) Where a loan advanced, whether before or after the date on which this Act come into force, or any interest of such loans or the benefit of any agreement made or security taken in respect of such loan or interest is assigned to any assignee, the assignor whether he is the money-lender by whom the money was lent or any person to whom the debt has been previously assigned shall, before the assignment is made-
(2) Any person acting in contravention of the provisions of sub-section (1) shall be liable to indemnify any other person who is prejudiced by the contravention.
(1) Save as hereinafter provided, where any debt due to a money-lender in respect of money lent by him, whether before or after the date on which this Act comes into force or of interest on money so lent or of the benefit of any agreement made or security taken in respect of any such debt or interest, has been assigned, the assignee shall be deemed to be the money-lender and all the provisions of this Act shall apply to such assignee as if he were the money-lender.
(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, where, for any reason, any such assignment is invalid and the debtor has made any payment of money or transfer of property on account of any loan which has been so assigned, the assignee shall in respect of such payment or transfer be deemed to be the agent of the money-lender for all purposes of this Act.
Notwithstanding anything contained in any law for time being in force, the Court shall, in any suit to which this Act applies, whether heard ex-parte or otherwise-
Provided that in exercise of these power, the Court shall not-
Explanation:-
(1) Any debtor may make an application at anytime to the Court, whether the loan has or has not become payable, for taking accounts, and for declaring the amount due to the money-lender. Such application shall be in the form prescribed for Civil Suit under the Code of Civil Procedure, 1908 and accompanied by a fee of Rs. 500/-.
(2) On receipt of such application, the Court shall cause a notice of the application to be given to the money-lender.
(3) On the date fixed for the summary hearing of the application or on such date to which the hearing may be adjourned, the Court shall make an inquiry and shall, after taking an account of the transactions between the parties, pass an order declaring the amount, if any, still payable by the debtor to the money-lender, in respect of the principal and interest, if any. In taking accounts under this section, the Court shall follow the provisions of sections 24 to 35 provided that such applications shall be tried summarily and dis
(1) At any time, a debtor may tender to a money-lender any sum of money due from him to the money-lender in respect of a loan by way of principal, interest or both.
(2) If the money-lender refuses to accept any sum so tendered, the debtor may deposit the said sum in Court to the account of the money-lender.
(3) The Court shall, thereupon, cause written notice of the deposit to be served on the money-lender, and he may, on presenting a petition stating the sum when due in respect of the loan and his willingness to accept the said sum, receive and appropriate first towards the interest and the residue, if any, towards the principal.
(4) When the money-lender does not accept the sum, the Court shall appropriate the said sum first towards the principal and interest proportionately.
Notwithstanding any agreement between the parties or any law for the time being in force, when a statement is delivered or pass book is supplied to a debtor under section 25 or if accounts are taken under section 36 or a tender is made by a debtor to a money-lender in respect of a loan under section 37 before the sixteenth day of a calendar month, the interest due shall be calculated as payable for fifteen days of the said month, and if the statement is delivered or pass book is supplied or accounts are taken or tender is made on any subsequent day, than for the entire calendar month irrespective of the fact that such statement is delivered or pass book is supplied or such accounts are taken or such tender is made on any such day.
(1) No money-lender shall take any promissory note, acknowledgement, bond or other writing which does not state the actual amount of the loan, or which states such amount wrongly or execute any instrument in which blanks are left to be filled after execution.
(2) Whoever contravenes the provisions of sub-section (1), shall, on conviction, be punishable with fine which may extend to Rs. 50,000/- or with imprisonment of either description which may extend to three years or with both.
Whoever, in any document required by, or for the purposes of, any of the provisions of this Act, wilfully makes a statement in any material particulars knowing it to be false, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or both.
whoever,-
(1) Whoever molests, assaults or abets the molestation, assault of a debtor for the recovery of a debt due by him to a money-lender shall, on conviction, be punishable with imprisonment of either description which may extend to three months or with fine which may extend to rupees fifty thousand or with both.
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-
Whoever fails to comply with or acts in contravention of any provision of this Act, shall, if no specific penalty has been provided for in this Act, be punishable -
If the person contravening any of the provisions of this Act is an undivided Hindu family or a company or an unincorporated body, the person responsible for the management of the business of such family, company or body shall be deemed to be guilty of such contravention.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offences punishable,-
Every Court of Sessions, Judicial Magistrate First Class, shall take cognizance of any offence punishable under section 43 for contravening the provisions of section 24 or section 25, on a complaint made before it by any person.
Notwithstanding any law for the time being in force, no debtor who cultivates land personally and whose debts do not exceed Rs. 1,00,000/- shall be arrested or imprisoned in execution of a decree for money passed in favour of money-lender, whether before or after the date on which this Act come into force.
Explanation:- "to cultivate personally" has the meaning assigned to it in clause (7) of section 2 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Act 7 of 1964).
Every officer of the Government or officers, acting under the provisions of this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
The Government may delegate to any officer any of the powers conferred on it by or under this Act.
(1) The Government may make rules for carrying out the purposes of this Act, and issue directions to the officers, or generally from time to time for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters:-
(1) The Goa, Daman and Diu Money-Lenders Act, 1977 (Act 7 of 1977), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
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