Money Lenders Act

Retired

Does a non banking finance company which requires registration with the RBI also requires licence under the Bombay Money Lenders Act, 1946, before carrying on the business of advancing loans etc?
 
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Advocate

no, scope of money lenders act of states are different than nbfc so no separate registeration is required. 

 
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Advocate

no, scope of money lenders act of states are different than nbfc so no separate registeration is required. 

 
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Legal Consultant/Lawyer

Dear Sir,


As the company is governed by the RBI Act, it is not subject to the Bombay Money Lenders Act. A Bombay HC ruling states that once you are registered under the central act, the state laws will not apply.

 
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Lawyer

Money Lenders Act is not applicable.

 
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Retired

 Please read he last para. The RBI has clearly stated that even such companies are governed by the State laws unless exempted by the State Government specifically.


 


Before the State Information Commission, Maharashtra – Complaint


under Section 18 of RTI Act, 2005.


Complaint No.2007/236/02


 


Shri Kewal Semlani, 52, Jolly Maker Chambers No.2, Nariman Point, Mumbai 400 021.


... Complainant


 


PIO & Dist. Dy. Registrar of Coop Societies Mumbai (1), Mumbai City, Malhotra House, Mumbai 400 001.                                                                                             


... Respondent


 


GROUNDS


 


Mr. Kewal Semlani of Mumbai had given application to the PIO and Deputy Registrar of Coop. Societies, Mumbai City (1), Mumbai on 2.8.2007 seeking the following information:


“ (i) Exemptions under Bombay Money Lenders Act 1946 to Citifinancial Consumer Finance India Ltd. (CCFIL) Mumbai;


(ii) The period to which the information relates: 1.4.2004 till the date of providing information;


(iii) Description of the information required: Certified true copies of:


a) Specific provisions of Bombay Money Lenders Act 1946 under which CCFIL are exempted from Bombay Money Lenders Act, 1946;


b) Details of all other Complaints, except those holding banking licence from RBI, which are exempted from Bombay Money Lenders Act – 1946 because of permission obtained by them from RBI for carrying on business in Maharashtra


c) Any other information, relevant to the above;


d) The information should be provided in print format as well as in e-format (CD) if available.”


He received reply on 9.8.2007 that the information sought in his application does not come under the definition of the information, therefore, his application is filed. Being aggrieved by this, he has complained to this Commission u/s 18 of the Act on 21.8.2007. Taking into consideration the public interest involved in this complaint it was heard on priority on 18.9.2007 when Shri Kewal Semlani,


Complainant and Mr. Patil, Dy. Registrar was present. After hearing both the parties it transpired that District Deputy Registrar seem to be of the view that since the said complaint - Citifinancial Consumer Finance India Ltd. (CCFIL) has got licence from RBI they come under the control of RBI , therefore, there is no question of taking any action under Mumbai Money Lenders’ Control Act, 1946 and this was informed by them by letter dt. 10.7.2007, based upon which the application under RTI Act, 2005 was done. Mr. Semlani produced a copy of letter he received from RBI dt. 13.8.2007, stating that even such companies are not exempt from the State laws unless the State Government has specifically exempted them. The Deputy Registrar promised that in view of the letter from RBI he will re-examine the matter and provide the information asked by the Complainant early. This position was accepted by the Complainant, Mr. Semlani, therefore, the complaint application is disposed off.


 


ORDER


Complaint application is thus disposed off.


(Dr. Suresh V. Joshi)


Chief Information Commissioner


Place: Mumbai.


Date: 19.9.2007


 


 


 


Total likes : 1 times

 
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Retired

 Dear Sir,


Can I get the ruling of the High Court. Tks/regards,


Anil

 
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Advocate

Dear Mr. Agrawal,


money lenders act governs those persons who/ whichlends money but it does not expand its scope to the persons who/ which accepts public deposits etc.


there are two kind of NBFCs- 1. which accepts public deposit and 2. which do not accept public deposits.


NFCs which do not accept public deposits have to be registered under the money lenders act of the state if not excluded under the act. some states have excluded companies or incorporated bodies from the purview of the act but n MAHARASHTRA govt may exclude such bodies by notification which it hasnt notified yet. 


the party in your case was a NBFC which didnt have the authority to accept public deposite so it was mandatory for it to have a registeration under the money lenders act.


the bombay HC that once you are registered under the central act, the state laws will not apply. 

 
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Dear Sir,


Kindly provide the Bombay HC ruling with citations and that of the Cause Title, so that it may be more useful.


Thanks and regards,


P.SELVAM

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

I do agree with my Ld. Friends

 
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