Refusal of issue of licence.

§8

Summary

(1) The grant of a licence shall not be refused except on any of the following grounds :- (a) that the applicant, or any person responsible or proposed to be responsible for the management of his business as a money-lender is disqualified from holding a licence ; (b) that the applicant has not complied with the provisions of this Act or the rules in respect of an application for the grant of a licence ; (c) that the applicant has made willful default in complying with or knowingly acted in contravention of any requirement of this Act ; (d) that satisfactory evidence has been produced before the District Registrar that the applicant or any person responsible or proposed to be responsible for the management of the business of money-lending has,- (i) knowingly participated in or connived at any fraud or dishonesty in the conduct of or in connection with the business of money-lending ; or (ii) been found guilty of an offence under Chapter XVII or sections 465, 477 or 477-A of Chapter XVIII of the Indian Penal Code (45 of 1860). (2) The District Registrar shall, before refusing a licence under sub-section (1), give to the applicant a reasonable opportunity of producing evidence, if any, in support of the application and of showing cause why the licence should not be refused ; and record the evidence adduced before him and his reasons for such refusal. (3) An appeal shall lie from the decision of the District Registrar refusing a licence under sub-section (1), to the Divisional Registrar, whose decision thereon shall be final. (4) An appeal against the decision of the District Registrar under sub-section (1) may be filed within three months from the date of the decision: Provided that, the Divisional Registrar may, for reasons to be recorded, entertain the appeal after the expiry of a period of three months from the date of decision of the District Registrar under sub-section (1), if he is satisfied that the appellant was prevented, for the reasons beyond his control, from filing the appeal within a period of three months.

(1) The grant of a licence shall not be refused except on any of the following grounds :- (a) that the applicant, or any person responsible or proposed to be responsible for the management of his business as a money-lender is disqualified from holding a licence ; (b) that the applicant has not complied with the provisions of this Act or the rules in respect of an application for the grant of a licence ; (c) that the applicant has made willful default in complying with or knowingly acted in contravention of any requirement of this Act ; (d) that satisfactory evidence has been produced before the District Registrar that the applicant or any person responsible or proposed to be responsible for the management of the business of money-lending has,- (i) knowingly participated in or connived at any fraud or dishonesty in the conduct of or in connection with the business of money-lending ; or (ii) been found guilty of an offence under Chapter XVII or sections 465, 477 or 477-A of Chapter XVIII of the Indian Penal Code (45 of 1860). (2) The District Registrar shall, before refusing a licence under sub-section (1), give to the applicant a reasonable opportunity of producing evidence, if any, in support of the application and of showing cause why the licence should not be refused ; and record the evidence adduced before him and his reasons for such refusal. (3) An appeal shall lie from the decision of the District Registrar refusing a licence under sub-section (1), to the Divisional Registrar, whose decision thereon shall be final. (4) An appeal against the decision of the District Registrar under sub-section (1) may be filed within three months from the date of the decision: Provided that, the Divisional Registrar may, for reasons to be recorded, entertain the appeal after the expiry of a period of three months from the date of decision of the District Registrar under sub-section (1), if he is satisfied that the appellant was prevented, for the reasons beyond his control, from filing the appeal within a period of three months.

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