Section 44State of West Bengal Act

Section 44: Power to make rules

The Bengal Money-Lenders Act, 1940

Power to make rules. -

(1)

The [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2)

In particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely:-

(a)

the conditions referred to in the proviso to section 3;

(b)

the control to be exercised by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] Registrar over Registrars and Sub-Registrars and by a Registrar over Sub-Registrars;

(bb)[ the manner of appointment and qualifications of Inspectors referred to in sub-section] [Clause (bb) Inserted by W.B. Act 21 of 1965.] (1) of section 6A, the powers and duties of such Inspectors and the control to be exercised over such Inspectors by the State Registrar, Registrars and Sub-Registrars;

(c)

the form in which registers under section 7 shall be maintained;

(d)

the form and manner in which an application for the grant of a licence shall be made, and the particulars to be therein contained;

(e)

the manner in which licence fees and penalties shall be paid;

(f)

the form of licences;

(g)

the form of, and the fee payable on, an application under subsection (2) of section 14;

(h)

the procedure to be followed by a Competent Court or by a Registrar in proceedings under section 16;

(i)

the form in which a Court shall send the substance of the order referred to in sub-section (5) of section 20, and the method of circulation of the same to other Registrars;

(j)

the form in which a money-lender shall maintain his cash book, ledger and receipt book;

(k)

the form of, and the particulars to be contained in, the statement to be delivered under sub-section (2) of section 24;

(I)the form of the statements to be furnished under section 25 and the fee to be paid under the proviso to sub-section (3) of that section;

(m)

the form in which information shall be supplied to an assignee under clause (b) of sub-section (1) of section 28;

(n)

the form in which notice shall be given by the plaintiff to the defendant under sub-clause (ii) of clause (a) of sub-section (1) of section 34, and by the decree-holder to the judgment-debtor under sub-section (2) of that section;

(o)

the form of an application under section 38; and

(p)

the manner in which an application under section 39 shall be made.

Sec 43 — Protection to persons acting under this Act

Sec 45 — Bengal Act 7 of 1933 not to apply to loans to which this Act applies

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