section 11
Power to direct payment of decretal amount by instalments
The Madhya Pradesh Money-Lenders Act, 1934The court may, at any time on the application of a judgment-debtor, after notice to the decree holder, direct that the amount of any decree passed against him, whether before or after this Act comes into force, in respect of a loan shall be paid in such number of instalments and subject to such conditions on the dates fixed by it as, having regard to the circumstances of the Judgement debtor and the amount of the decree, it considers fit. [During the pendency of an inquiry under this section, the court may order the stay of execution of the decree, subject to such conditions as it may impose. Such order shall be deemed to have been passed under section 47 of the Code of Civil Procedure, 1908 (V of 1908)]3
11-A. Register of money-lenders 1[11-A.](1) Every Tahsildar shall maintain a register of money lenders in such form as may be prescribed ]2
- (2) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (I of 1872), [ * * * ]3 11-B. Registration of money-lenders and registration certificate
- (1) Every person who carries on or intends to carry on the business of money lending shall get himself registered by an application made to the Tahsildar of the tahsil of the district or any one of the districts in which he carries on or intends to carry on such business and, on such registration the Tahsildar shall grant a registration certificate to him in such form as may be prescribed : Provided that no person being a firm or partner of a firm of money-lenders shall be so registered except upon production before the Tahsildar of a certified copy of an entry showing such person as the firm or partner, as the case may be, made in the Register of Firm under section 59 of the Indian Partnership Act, 1932 (No. 9 of 1932)]4.
- (2) The appplication made under sub-section
- (1) shall be in writing and shall specify the district or districts in which the applicant carries on or intends to carry on the business of money-lending and such other particulars as may be prescribed. 11-BB. Transfer of old record by Sub-Registrar to Tahsildars [11-BB. All the record held by Sub-Registrar prior to 29th September, 1984 shall stand transferred to the Tahsildar.]5 11-C. Registration fee 6[11-C.[(1). The person who makes an application under section 11-B shall pay in the prescribed manner a registration fee at the rate of fifty rupees per annum in respect of each district in which he carries on or intends to carry on the business of money-lending : Provided that the State Government may, by notification, exempt any class of persons from the payment of the registration fee either generally or for any specified area.]7
- (2) A registration certificate may, at the request of the applicant therefor, be granted for a period of one year or two years]. 11-D. District in which business is to be carried on The registration certificate granted under section 11-B shall not entitle the holder thereof to carry on the business of money-lending in any district other than the district or districts for which such certificate has been granted. 11-E. (omitted) [11-E. * * * * * ].8 11-F. Bar to carry on business without registration certificate
- (1) No person shall carry on the business of money-lending in any district unless he holds a valid registration certificate in respect of that district. [(2) Whoever contravenes the provisions of sub-section
- (1) shall be punishable with fine which may extend to two hundred rupees or if he has previously been convicted of an offence under that sub-section, with fine which may extend to five hundred rupees.]1 11-FF. Penalty for contravention of provisions of sction [11-FF. Whoever contravenes the provisions of section 2-A or clause
- (C) of sub-section
- (1) of section 3 shall be punishable with fine which may extend to two hundred rupees, or if he has previously been convicted of an offence under section 2-A or clause
- (C) of sub-section
- (1) of section 3, as the case may be, with fine which may extend to five hundred rupees.]3 11-G. Composition of offences 3[(1) [The Sub-Divisional Officer]4 may accept from any person who has committed an offence against sub-section
- (1) of section 11-F or section 11-FF a sum of money not exceeding five hundred rupees by way of compensation for such offence.]
- (2) On payment of such sum of money, no further proceedings shall be taken against such person in respect of such offence, and if in custody he shall be discharged. 11-H. Suit not to proceed without registration certificate, etc No suit for the recovery of a loan advanced by a money-lender shall proceed in a civil court until the court is satisfied that he holds a valid registration certificate or that he is not required to have a registration certificate by reason of the fact that he does not carry on the business of money-lending in any of the district of [Madhya Pradesh]:5 Provided that this section shall not apply to a suit instituted before the 1st October, 1940. 11-I. Continuance in force of registration certificates Notwithstanding the expiry of the Central Provinces Money-lenders (Amendment) Act, 1936, (XIII of 1936), any registration certificate granted thereunder by a Sub-Registrar of a sub-district shall be deemed to have been granted in respect of the district in which the sub-district is situated and shall continue to be in force for the period for which it was granted. 11-J. Interpretation of district For the purposes of sub-section
- (2) of section 11-B and 11-C, 11-D, 11-F and 11-I the term "district" shall have the meaning assigned to it in the Central Provinces Land Revenue Act, 1917 (II of 1917)6 [* * *]7
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