State Act

THE RAJASTHAN MONEY-LENDERS ACT, 1963

17. Court's power to cancel or suspend a licence.—(1) A court passing an order of conviction against a money-lender for an offence under this Act, or a court trying a suit to which this Act applies, if satisfied that such money lender has committed such contravention of the provisions of this Act or the rules made thereunder as would, in its opinion, make him unfit to carry on the business of money-lending may:— (a) if it is a competent court, pass an order under sub-section (3); or (b) if it is not a competent court, record is opinion and forward the proceedings to a competent court having jurisdiction in the place where such court is held. (2) A competent court to which the proceedings are submitted under clause (b) of sub-section (1) may, if it thinks fit, examine the parties and recall and examine any person who has already given evidence in the proceedings and may call for and take any further evidence and pass such order in the case as it thinks fit in accordance with the provisions of sub section (3). (3) A competent court referred to in clause (a) of sub-section (1) or to which proceedings are submitted under sub-section (2),— (a) may order that all the licenses held by any money-lender in the State, referred to in sub-section (l), be cancelled or suspended for such time as it thinks fit, (b) may if it thinks fit, declare any & such money-lender, or if such money-lender is an undivided Hindu family, a company or an un-incorporated body, such family, company, or body and also any person responsible for the management of the business of money lending carried on by such family, company or body, be disqualified from holding any licence in the State for such time as the court may think fit: Provided that no order or declaration shall be made under this subsection unless a reasonable opportunity has been given to the person concerned to show cause against the order or declaration proposed to be made. (4) Any person aggrieved by the decision of a competent court under sub section (3) may, within ninety days of the passing of the order, appeal against such order to toe High Court; and the competent court which passed the order or the High Court in appeal may, if it thinks fit, stay the operation of the order under this section pending the disposal of the appeal. (5) Where a court convicts a money-lender of an offence under this Act, or makes an order or declaration under clause (a) or clause (b) of sub-section (3), it shall cause the particulars of the conviction, order or declaration, as the case may be, to be endorsed on all the licenses held by the money-lender convicted or any other person affected by the order or the declaration and shall cause copies of the order or the declaration to be sent to the Registrar by whom the licenses were granted for the purpose of entering such particulars in the registers. (6) Any licence required by a court for endorsement in accordance with sub-section (5) 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 as required shall be liable, on conviction, to a fine not exceeding five hundred rupees for each day of the period during which the default continues. (7) The powers conferred on a court under sub-section (3) and sub-section (5) may be also exercised by any court in appeal. (8) For the purposes of this section, a ''competent court means a court of the District Judge or in any area, .such court subordinate to the High Court as the State Government may, by notification in the Official Gazette, designate in this behalf.