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Section 16State of West Bengal Act

Section 16:

Refusal to grant licence. -

(1)

The grant of a licence shall not be refused except on one or more of the following grounds, namely:-

(a)

that the applicant has not complied with the provisions of the Act or of the rules made thereunder in respect of an application for the grant of a licence;

(b)

that the applicant or any person responsible or proposed to be responsible for the management of the applicant’s money-lending business is under this Act disqualified for holding a licence.

(2)

A Sub-Registrar refusing a licence-

(i)

under clause (a) of sub-section (1) shall record his reasons of such refusal;

(ii)

under clause (b) of sub-section (1) shall record the evidence of the disqualification.

(3)

An appeal from the orders of a Sub-Registrar refusing a licence shall, if made within thirty days from the date of such order, lie to a Registrar authorised under section 6 to hear such appeal.

(4)

A Registrar referred to in sub-section (3) may decide, if such appeal is allowed, as to the Sub-Registrar to whom application for a licence shall be made and his decision shall, subject to the provisions of sub-section (5), be final for all purposes, and shall be binding on such Sub-Registrar whether he be under the control of such Registrar or not.

(5)

A Competent Court may, on application made within ninety days from the date of the decision of the Registrar in appeal under sub-section (3), revise such decision.

(6)

The procedure to be followed by a Competent Court or by a Registrar in proceedings under this section shall be in accordance with rules prescribed under this Act.

(7)

The provisions of sections 4, 5 and 12 of the Indian Limitation Act, 1908, shall apply to all appeals and applications for revision made under this section, and for the purposes of the said sections a Registrar shall be deemed to be a Court.

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