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Vibhav   16 August 2024

If a state act is notified but the rules are not notified, is the act considered active?

Two questions:

If an Act is enacted in a State and notified, but the Rules are not notified or published, is it considered and inactive or inapplicable Act?

If a State does not have a valid Money Lenders Act, which Central Govt. Act comes into force for general private lenders (not banks or NBFC)?

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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     16 August 2024

What is your question, better ask your question direclty instead of posting an indirect question.

 

Vibhav   16 August 2024

I am referring to  The Goa Money Lenders and Accredited Loan Providers Act, 2013. I loaned substantial money to someone in Goa and he is now claiming that I do not have license and therefore he is not going to pay! He claims that I am into money lending business. I am not but have loaned money to many friends and relatives. About 10 loans pending but that was all need based to only those I knew at 14% simple interest rate. I am originally from Belgavi in Karnataka but have main residence in  Goa now.

A local lawyer in Goa told me that he does not think that the rules are enacted for this Act. He could not give a definite answer. I am concerned because it is a substantial sum that I have loaned. Rs. 1.25 Crores. 

N.K.Assumi (Advocate)     17 August 2024

There are money lenders Acts in almost all the States of India, as it is a subject of State list. The Acts is there, and it can be enforced by courts even without Rules. What you have to note is that all loans does not fall under the license of Money Lenders Act. Engage a lawyer in Goa itself, as there is no ready answer to your queries, as it has to be considered with various conditions and the law involve.

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T. Kalaiselvan, Advocate (Advocate)     17 August 2024

Fir recovery of loan advanced to a borrower it is not an esential rquirement for the lender to have money lending licens as per the state law.

If you have substantial evidence to prove that he borrowed money from you then you first serve a legal demand notice to him and then file a money recovery suit or a summary suit to recover your money.

You don't be deterred by his gimmicks stating that you do not have money lending license hence he will not pay, if he says so then you can even lodge a criminal complaint against him for the acts of cheating.

You may consult an experienced lawyer and confine to your claim alone and do not go beyond it in the name of money lending license or any other irrelevant topic 

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P. Venu (Advocate)     17 August 2024

Section 2 (l) defines a money lender as follows -

(l) “money lender” means a person whose main or subsidiary occupation is the business of
advancing and realizing loans in the State

You may file a civil suit and if the defendant takes an averment based on the provisions of the Act, you have the option to  plead and prove that you are not a professional money lender.

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