19. A Bill to Control and Regulate Money—Lending - Page 300

A BILL............MONEY-LENDING 275

Production of books of account used during the year for authentication.

  1. (1) On or before the 31st January in each year every money-lender shall produce before the licensing officer all the books of account used by him in the previous year.

(2) The licensing officer shall thereupon sign and date in the case of running accounts the first and last entries on either side of each book and in the case of a ledger the first and last entries of each account in the ledger.

(3) The licensing officer shall also enter after the last entry in the running account particulars of the books issued to the money-lender in the previous year but not used by him in that year.

Entries in books not in accordance with Sec. 31 and 32,* inadmissible in evidence.

  1. Notwithstanding anything contained in the Indian Evidence Act, 1872, no entry in any book, register or record relating to any loan or security therefor shall be admissible as evidence in any suit or proceedings for a money-lender unless it is contained in a book supplied by Government under the provisions of section 32 of this Act and reorded in the manner prescribed by the said section and in the case of an entry which relates to a previous year authenticated as provided by section 33.

Chapter VII

Suits and Proceedings

Jurisdiction of Small Causes Court excluded

  1. Notwithstanding anything contained in the Provincial or Presidency Small Causes Court Act, no suit by or against a moneylender in respect of any claim arising out of any moneylending transaction shall be cognizable by a court of Small Causes unless that claim is in respect of a single transaction and such transaction is not directly or indirectly connected with earlier transactions between the parties or persons through whom they claim.