Chapter VII MISCELLANEOUS PROVISIONS

Bihar database.—

1. (1) The Govt. of Bihar may designate an Authority, whether existing or to be constituted, which shall create, maintain and operate an online database for information on lenders operating in Bihar and which shall have the facility for lenders to apply for registration, renewal etc. and issuance of certificate by registering authority and all the related matters.
2. (2) The authority designated under sub-section
3. (1) may require any Regulator or the Competent Authority to share such information on lenders, as may be prescribed.

Designated Court.—

1. (1) For the purpose of this Act, the Government may, with the concurrence of the Chief Justice of the Patna High, Court, by notification in the Official Gazette, constitute one or more Designated Courts in the cadre of Subordinate Judge including ADJ for such area or areas or for such case or class or group of cases, as maybe specified in the notification.
2. (2) No court, including the court constituted under the Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920, other than the Designated Court, shall have jurisdiction in respect of any matter to which the provisions of this Act are invoked.
3. (3) Any pending case in any other court to which the provisions of this Act apply shall, on the date of publication of this Act, stand transferred to the Designated Court.

Special Public Prosecutor and Special Government Pleaders.—The Government may, by order appoint one or more Advocates of not having less than 7 years practice as Special Public Prosecutor/Special Government Pleader in consultation with the District and Sessions Judge of the concerned District for the purpose of conduction the cases in the Designated Court.

Procedure and powers of designated Court regarding offences.—

1. (1) The Designated Court may, on perusal of the police report of the facts constituting an offence under this Act upon a complaint made by an officer authorized in this behalf by the State Government take cognizance of the offence without the accused being committed to it for trial.
2. (2) While trying the accused person the Designated Court shall follow the procedure prescribed in the provision of The Bharatiya Nagarik Suraksha Sanhita, 2023.
3. (3) The Designated Court will exercise the power of remand with regard to person forwarded to it as provided under the provision of The Bharatiya Nagarik Suraksha Sanhita, 2023.
4. (4) The Designated Court, while trying the offence under this Act, may also try an offence other that the offence under this Act with which, the accused may be charged at the same trial under The Bharatiya Nagarik Suraksha Sanhita, 2023.

Appeal.—

1. (1) An appeal shall lie against the final order passed by the Designated Court in the judicature of High Court, Patna within 60 days from the date of final order.
2. (2) Any Person/MFIs convicted on a trail held by the Designated Court may appeal to the judicature of High Court, Patna.

Protection of Action taken in good faith.—No suit or other proceedings shall lie against the

Power to make rules Power to make rules.—

1. (1) The State Government may, by notification in the Official Gazette make rules to carry out the purpose of the Act.
2. (2) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.
3. (3) Every rule or notification made under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall, from the date on which the modification or annulment is notified have effect only in such modified form or

be of no effect as the case may be; so, however, that any such modification or

annulment shall be without, prejudice to the validity of anything previously done under that rule or notification.

1. (4) The Government of Bihar may, make rules to carry out the provisions of this Act and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are so published.

Officers to be public servants.—Every officer, Registering Authority, Ombudsperson, or person acting under the provisions of this Act shall be deemed to be a public servant within the meaning of Section 2

1. (28) of the Bharatiya Nyaya Sanhita, 2023.

Act to be in addition to other laws.—The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. Provided that in the event of any conflict, the provisions of this Act shall prevail to the extent of such conflict in matters relating to micro finance and small loan recovery within the State of Bihar.

Power of State Government to issue directions.—The State Government may, from time to time, issue such directions not inconsistent with the provisions of this Act or rules made thereunder to lenders, Registering Authorities, Ombudspersons, or any other officers or persons employed for implementation of this Act, as it may deem fit, and all such persons shall comply with such directions.

English language version of the act shall prevail in the meaning and interpretation of the translated version.—In case of any discrepancy in the meaning and interpretation of the translated version of this Act, the English language version shall be binding in all respect and shall prevail.

-1 33. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Government of Bihar may, by an order, published in the Official Gazette, Make such provisions not inconsistent with the provisions of this Act which appear to it to be necessary or expedient for the purposed of removing the difficulty. Provided that, no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.