The Bombay Money-Lenders Act, 1946
** IMPORTANT ** S E C T I O N S
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SEC. 32
ENTRY OF WRONG SUM IN BOND, ETC., TO BE AN OFFENCE.
(1) No money-lender shall take any promissory note, acknowledgement, bond or other writing which does not state the actual amount of loan, or which states such amount wrongly or executed 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.5,000 or with imprisonment of either description which may extend to two years or with both.
SEC. 32A
PENALTY FOR MAKING FALSE STATEMENT.
Whoever in any document required by, or for the purpose of, any of the provisions of this Act, wilfully makes a statement in any material particulars knowing to be false, shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.
SEC. 32B
PENALTY FOR OBTAINING LICENCE UNDER FICTIOUS NAME, CARRYING ON MONEY-LENDING BUSINESS WITHOUT VALID LICENCE AND ENTERING INTO AGREEMENT IN THE COURSE OF MONEY-LENDING BUSINESS CARRIED ON UNDER FICTIOUS NAME.
Whoever,-
(a) obtains a licence in the name which is not his true name or carrier on the business of money-lending under the licence so obtained, or
(b) carrier on the business of money-lending at any place without holding a valid licence authorising him to carry on such business at such place, or
(c) enters into any agreement in the course of business of money-lending without a valid licence, or under a licence in the name which is not his true name,
shall, on conviction, be punished,-
(i) for the first offence, with imprisonment of either description which may extend to one year or with fine which may extend to rupees one thousand and five hundred or with both, and
(ii) for the second or subsequent offence, in addition to, or in lieu of, the penalty specified in clause (i), with imprisonment which shall not be less than two years, where such person is not a company, and with fine which shall not be less than rupees five thousand, where such person is a company.
SEC. 33
PENALTY FOR MOLESTATION.
(1) Whoever molests, or abets the molestation, of a debtor for the recovery of a debt due by him to a creditor shall, on conviction, be punishable with imprisonment of either description which may extend to three months or with fine which may extend to Rs.500 or with both.
EXPLANATION- For the purpose 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 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, or works, or carrier on business, or happens to be, or does any act calculated to annoy or intimidate such person, shall be deemed to molest such other person;
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.
SEC. 34
GENERAL PROVISION REGARDING PENALTIES.
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-
(a) for the first offence with simple imprisonment which may extend to one year or with fine which may extend to Rs.5000 or with both, and
(b) for the second or subsequent offence with imprisonment of either description which may extend to two years or with fine which may extend to Rs.1,000 or with both.
