PUNJAB PROHIBITION OF INTEREST ON PRIVATE LOANS ACT 2022
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THE PUNJAB PROHIBITION OF INTEREST ON PRIVATE LOANS ACT 2022 (XV of 2022)
TEXT
1THE PUNJAB PROHIBITION OF INTEREST ON PRIVATE LOANS ACT 2022 (XV of 2022)
[23 August 2022] An Act to prohibit the business and practices of private money-lending and advancing loans and transactions based on interest. WHEREAS the injunctions of Islam as laid down in the Holy Quran and Sunnah have explicitly and unequivocally prohibited charging interest on loans and have declared war against those who do not abandon interest; AND WHEREAS the Constitution of the Islamic Republic of Pakistan obliges the State to take steps to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah; AND WHEREAS it is expedient to make a comprehensive Legislation on the subject for covering all the aspects of the mischief of private money lending and matters akin thereto;
Be it enacted by Provincial Assembly of the Punjab as follows:
Section 1. Short title, extent and commencement
(1) This Act may be called the Punjab Prohibition of Interest on Private Loans Act, 2022.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context–
(a) “abetment” has the same meaning as assigned to it in Section 107 of the Pakistan Penal Code 1860 (Act XLV of 1860);
(b) “borrower” or debtor” means a person to whom a loan is advanced;
(c) “Code” means the Code of Criminal Procedure, 1898 (Act No. V to 1898);
(d) “financial institution” includes the State Bank of Pakistan, a commercial or investment bank, a leasing company, a modaraba or other concerns, so defined in terms of section 2(a) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (Ordinance No. XLVI of 2001);
(e) “Government” means the Government of the Punjab;
1This Act was passed by Provincial Assembly of the Punjab on 16 August 2022; and assented to by the Governor of the Punjab on 22 August 2022; and was published in the Punjab Gazette (Extraordinary), dated: 23 August 2022, pp. 219-222.
(f) “interest” includes any amount, big or small, over the principal, in a contract of loan or debt, regardless of whether the loan is taken for purpose of consumption or for some production activity, whether the same is charged or sought to be recovered specifically by way of interest or otherwise, or found so to be recoverable by a competent Court;
(g) “Interest based transactions” include transactions:
(i) where differences in prices are exchanged without any intention of exchange of goods by the parties involved; or
(ii) where sale is made on credit for higher price and repurchase of the same for lower price on cash, basis by the original owner in a given transaction; or
(iii) where two prices are stipulated in the same deal that is to charge lower or discounted price for shorter period or given listed price, for longer period by the buyer in a given transaction.
(h) “loan or debt” means an advance whether of money or in kind, where the repayment is guaranteed on demand or after a specified period.
(i) “molest”-a person shall be deemed to molest another person if he–
(i) obstructs, or uses violence or criminal force to or criminally intimidates, such other person;
(ii) Interferes with any property owned or used by him or deprives him of, or hinders him in the use of any such property; and
(iii) Does any act calculated to intimidate the members of the family or such other person;
(j) “money lender” means a person, other than the Federal or Provincial Government or a financial institution, who lends money on interest or deals in interest based transactions and includes any person appointed by him to be in charge of a branch office or branch offices or a liaison office or any other office by whatever name called, of his principal place of business and a pawn broker who carries on the business of taking goods and chattels in pawn or pledge for a loan, offering payday loans, small personal loans or credit chits.
Explanation: Where a money lender is resident outside the province, the agent of such person resident in the Province, shall be deemed to be the money lender in respect of that business for the purposes of this
Act.
(k) “Prescribed” means prescribed by rules under this Act;
(l) “principal amount” in relation to loan means the amount actually lent to the debtor; ·
(m) “Province” means the Province of the Punjab; and
(n) “Rules” means rules made under this Act.
Section 3. Prohibition of Private Money Lending
(1) No money lender either individually or in group of persons shall lend money for any moveable or immoveable
good or in kind or any other purpose or advance loan to any person for the purpose of receiving interest thereon, nor shall carry on an interest based transaction in the Province.
(2) Whoever contravenes the provisions of sub-section (1) shall be punished with imprisonment of either description which may extend to ten years but shall not be less than three years and shall also be liable to fine not exceeding one million rupees.
Section 4. Punishment for Abetment
Whoever intentionally and willfully abets, engages, assists or aids the money lender in lending money or in recovery of interest or in interest based transaction in contravention of sub-section (1) of section 3 shall also be liable to the same punishment as provided in sub-section (2) of section 3 of this Act.
Section 5. Punishment for Molestation
Whoever molests any borrower or debtor, whether on his own behalf or on behalf of anybody else with intention to force such borrower or debtor to pay back any loan or debt or any part thereof or any interest thereupon, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine up to five hundred thousand rupees.
Section 6. Complaint
A justice of peace shall, within three days on receipt of any application or complaint with regard to the commission of an offence under this Act, order the local police to register a case against such person or group of persons.
Section 7. Liability to pay interest on debt to stand extinguished
On the commencement of this Act, every obligation of any debtor or borrower to pay interest on debt or such part of interest shall stand extinguished.
Section 8. Offences to be tried by Court
No Court inferior to that of Judicial Magistrate of the first class shall try an offence under this Act.
Section 9. Cognizance of offences
Notwithstanding anything to the contrary contained in the Code or any other law for the time being in force an offence under this Act shall be cognizable, non-compoundable and non-bail able.
Section 10. Adjustment of principal amount
The trial court, if it is proved that the money lender committed an offence under this Act, shall order that the interest already paid to the money lender is considered as payment towards the principal amount.
Provided that where the amount of interest paid by a borrower exceeds the principal amount, the court shall order the money lender to return such excess amount to the borrower.
Section 11. Recovery of sums
Where penalty imposed on money lender under this Act or the amount ordered to be returned, is not paid–
(a) the Court may order to recover the amount so payable by selling the assets belonging to such person; and
(b) in case the amount cannot be recovered from such person in the manner
provided in clause (a) the Court may prepare and sign a certificate specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on business; and the collector of the district on receipt of such certificate shall proceed to recover from the said person the amount specified in the certificate as if it is an arrear of land revenue.
Section 12. Appeal
Save as provided, any person aggrieved by any decision given, sentence passed or order made by the trial court under this Act, may within thirty days of such decision, sentence or order prefer an appeal under the provisions contained in chapter XXXI of the Code.
Section 13. Power to deposit in Court money due on loan
(1) Where any lender, whether a money lender as defined in this Act or otherwise, refuses to accept the whole or any portion of the money or other property due in respect of his loan without payment of interest, the debtor may deposit the said money or property into the Court having jurisdiction to entertain a suit for recovery of such loan and apply to the Court record full or part satisfaction of the loan, as the case may be.
(2) Where any such application is made, the Court shall, after due inquiry, pass orders recording full or part-satisfaction of the loan as the case may be.
(3) The procedure laid down in the Code of Civil Procedure 1908 (Act No. V of 1908), for the trial of suits shall, as far as may be, apply to applications under this section.
(4) An appeal shall lie from an order passed by a Court under sub-section
(2) within thirty days excluding the time for obtaining a certified copy of the order as if such an order relates to the execution, discharge or satisfaction of a decree within the meaning of section 47 of the Code of Civil Procedure, 1908 (Act No. V of 1908).
Section 14. Act to override other laws, etc
The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.
Section 15. Indemnity
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder.
Section 16. Power to make rules
Government may make rules for carrying out the purposes of this Act.
Section 17. Interpretation
In the interpretation and application of the provisions of this Act, and in respect of matter ancillary or akin thereto, the Court shall be guided by the injunctions of Islam as laid down in the Holy Quran and Sunnah.
Section 18. Repeal
The Punjab Prohibition of Private Money Lending Act 2007 (VI of
2007) is hereby repealed.
Print contents from the source
CONTENTS 1. Short title, extent and commencement. 2. Definitions. 3. Prohibition of Private Money Lending. 4. Punishment for Abetment. 5. Punishment for Molestation. 6. Complaint. 7. Liability to pay interest on debt to stand extinguished. 8. Offences to be tried by Court. 9. Cognizance of offences. 10. Adjustment of principal amount. 11. Recovery of sums. 12. Appeal. 13. Power to deposit in Court money due on loan. 14. Act to override other laws, etc. 15. Indemnity. 16. Power to make rules. 17. Interpretation. 18. Repeal.
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Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: d44aeb1d74d1f0ed512cafe11eb3068638e9269a7453bbb6d2835cbc77a64ed4.
THE PUNJAB PROHIBITION OF INTEREST ON PRIVATE
LOANS ACT 2022
(XV of 2022)
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Prohibition of Private Money Lending.
4. Punishment for Abetment.
5. Punishment for Molestation.
6. Complaint.
7. Liability to pay interest on debt to stand extinguished.
8. Offences to be tried by Court.
9. Cognizance of offences.
10. Adjustment of principal amount.
11. Recovery of sums.
12. Appeal.
13. Power to deposit in Court money due on loan.
14. Act to override other laws, etc.
15. Indemnity.
16. Power to make rules.
17. Interpretation.
18. Repeal.
TEXT
1
THE PUNJAB PROHIBITION OF INTEREST ON PRIVATE LOANS ACT
2022
(XV of 2022)
[23 August 2022]
An
Act
to prohibit the business and practices of private money-lending and advancing loans
and transactions based on interest.
WHEREAS the injunctions of Islam as laid down in the Holy Quran and Sunnah have
explicitly and unequivocally prohibited charging interest on loans and have declared
war against those who do not abandon interest;
AND WHEREAS the Constitution of the Islamic Republic of Pakistan obliges the State
to take steps to enable the Muslims of Pakistan, individually and collectively, to order
their lives in accordance with the fundamental principles and basic concepts of Islam
and to provide facilities whereby they may be enabled to unders tand the meaning of
life according to the Holy Quran and Sunnah;
AND WHEREAS it is expedient to make a comprehensive Legislation on the subject
for covering all the aspects of the mischief of private money lending and matters akin
thereto;
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement. – (1) This Act may be called the
Punjab Prohibition of Interest on Private Loans Act, 2022.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or
context–
(a) “abetment” has the same meaning as assigned to it in Section 107 of
the Pakistan Penal Code 1860 (Act XLV of 1860);
(b) “borrower” or debtor” means a person to whom a loan is advanced;
(c) “Code” means the Code of Criminal Procedure, 1898 (Act No . V to
1898);
(d) “financial institution” includes the State Bank of Pakistan, a commercial
or investment bank, a leasing company, a modaraba or other concerns,
so defined in terms of section 2(a) of the Financial Institutions (Recovery
of Finances) Ordinance, 2001 (Ordinance No. XLVI of 2001);
(e) “Government” means the Government of the Punjab;
1This Act was passed by Provincial Assembly of the Punjab on 16 August 2022; and assented to by the Governor of the Punjab
on 22 August 2022; and was published in the Punjab Gazette (Extraordinary), dated: 23 August 2022, pp. 219-222.
(f) “interest” includes any amount, big or small, over the principal, i n a
contract of loan or debt, regardless of whether the loan is taken for
purpose of consumption or for some production activity, whether the
same is charged or sought to be recovered specifically by way of interest
or otherwise, or found so to be recoverable by a competent Court;
(g) “Interest based transactions” include transactions:
(i) where differences in prices are exchanged without any intention
of exchange of goods by the parties involved; or
(ii) where sale is made on credit for higher price and re purchase of
the same for lower price on cash, basis by the original owner in a
given transaction; or
(iii) where two prices are stipulated in the same deal that is to charge
lower or discounted price for shorter period or given listed price ,
for longer period by the buyer in a given transaction.
(h) “loan or debt” means an advance whether of money or in kind, where
the repayment is guaranteed on demand or after a specified period.
(i) “molest”-a person shall be deemed to molest another person if he–
(i) obstructs, or uses violence or criminal force to or criminally
intimidates, such other person;
(ii) Interferes with any property owned or used by him or deprives
him of, or hinders him in the use of any such property; and
(iii) Does any act calculated to i ntimidate the members of the family
or such other person;
(j) “money lender” means a person, other than the Federal or Provincial
Government or a financial institution, who lends money on interest or
deals in interest based transactions and includes any person appointed
by him to be in charge of a branch office or branch offices or a liaison
office or any other office by whatever name called, of his principal place
of business and a pawn broker who carries on the business of taking
goods and chattels in pawn or pledge for a loan, offering payday loans,
small personal loans or credit chits.
Explanation: Where a money lender is resident outside the province,
the agent of such person resident in the Province, shall be deemed to
be the money lender in respect of that business for the purposes of this
Act.
(k) “Prescribed” means prescribed by rules under this Act;
(l) “principal amount” in relation to loan means the amount actually lent to
the debtor; ·
(m) “Province” means the Province of the Punjab; and
(n) “Rules” means rules made under this Act.
3. Prohibition of Private Money Lending. – (1) No money lender either
individually or in group of persons shall lend money for any moveable or immoveable
good or in kind or any other purpose or advance loan to any person for the purpose of
receiving interest thereon, nor shall carry on an interest based transaction in the
Province.
(2) Whoever contravenes the provisions of sub -section (1) shall be
punished with imprisonment of either description which may extend to ten years but
shall not be less than three years and shall also be liable to fine not exceeding one
million rupees.
4. Punishment for Abetment. – Whoever intentionally and willfully abets ,
engages, assists or aids the money lender in lending money or in recovery of interest
or in interest based transaction in contravention of sub -section (1) of section 3 shall
also be liable to the same punishment as provided in sub -section (2) of section 3 of
this Act.
5. Punishment for Molestation. – Whoever molests any b orrower or debtor ,
whether on his own behalf or on behalf of anybody else with intention to force such
borrower or debtor to pay back any loan or debt or any part thereof or any interest
thereupon, shall be punished with imprisonment of either description for a term which
may extend to five years and shall also be liable to fine up to five hundred thousand
rupees.
6. Complaint.– A justice of peace shall, within three days on receipt of any
application or complaint with regard to the commission of an offenc e under this Act ,
order the local police to register a case against such person or group of persons.
7. Liability to pay interest on debt to stand extinguished. – On the
commencement of this Act, every obligation of any debtor or borrower to pay interest
on debt or such part of interest shall stand extinguished.
8. Offences to be tried by Court.– No Court inferior to that of Judicial Magistrate
of the first class shall try an offence under this Act.
9. Cognizance of offences.– Notwithstanding anything to the contrary contained
in the Code or any other law for the time being in force an offence under this Act shall
be cognizable, non-compoundable and non-bail able.
10. Adjustment of principal amount.– The trial court, if it is proved that the money
lender committed an offence under this Act, shall order that the interest already p aid
to the money lender is considered as payment towards the principal amount.
Provided that where the amount of interest paid by a borrower e xceeds the
principal amount, the court shall order the money lender to return such excess amount
to the borrower.
11. Recovery of sums.– Where penalty imposed on money lender under this Act
or the amount ordered to be returned, is not paid–
(a) the Court may order to recover the amount so pay able by selling the
assets belonging to such person; and
(b) in case the amount cannot be recovered from such person in the manner
provided in clause (a) the Court may prepare and sign a certificate
specifying the amount due from such person and send it to the collector
of the district in which such person owns any property or resides or
carries on business ; and the collector of the district on receipt of such
certificate shall proceed to recover from the said person the amount
specified in the certificate as if it is an arrear of land revenue.
12. Appeal.– Save as provided, any person aggrieved by any decision given,
sentence passed or order made by the trial court under this Act, may within thirty days
of such decision, sentence or order prefer an appeal under the provisions contained
in chapter XXXI of the Code.
13. Power to deposit in Court money due on loan. – (1) Where any lender,
whether a money lender as defined in this Act or otherwise, refuses to accept the
whole or any portion of the money or other property due in respect of his loan without
payment of interest, the debtor may deposit the said money or property into the Court
having jurisdiction to entertain a suit for recovery of such loan and apply to the Court
record full or part satisfaction of the loan, as the case may be.
(2) Where any such application is made, the Court shall, after due inquiry ,
pass orders recording full or part-satisfaction of the loan as the case may be.
(3) The procedure laid down in the Code of Civil Procedure 1908 (Act No.
V of 1908), for the trial of suits shall, as far as may be, apply to applications under this
section.
(4) An appeal shall lie from an order passed by a Court under sub -section
(2) within thirty days excluding the time for obtaining a certified copy of the order as if
such an order relates to the execution, discharge or satisfaction of a decree within the
meaning of section 47 of the Code of Civil Procedure, 1908 (Act No. V of 1908).
14. Act to override other laws, etc .– The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in force or in
any instrument having effect by virtue of any such law.
15. Indemnity.– No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be done in pursuance
of this Act or of any rules made thereunder.
16. Power to make rules. – Government may make rules for carrying out the
purposes of this Act.
17. Interpretation.– In the interpretation and application of the provisions of this
Act, and in respect of matter ancillary or akin thereto, the Court shall be guided by the
injunctions of Islam as laid down in the Holy Quran and Sunnah.
18. Repeal.– The Pun jab Prohibition of Private Money Lending Act 2007 (VI of
2007) is hereby repealed.This law in the library
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bets , engages, assists or aids the money lender in lending money or in recovery of interest or in interest based transaction in contravention of sub -section (1) of section 3 shall also be liable to the same punishment as provided in sub -section (2) of section 3 of this Act. 5. Punishment for Molestation. – Whoever molests any b orrower or debtor , whether on his own behalf or on behalf of
Provisions explicitly cited in other instruments 3
Section 107 of Pakistan Penal Code 1860
Cited by PUNJAB PROHIBITION OF INTEREST ON PRIVATE LOANS ACT 2022
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- Pakistan Penal Code (PPC),1860 (Under Review) · Federal
- PAKISTAN PENAL CODE, 1860 · Punjab
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force at once. 2. Definitions.– In this Act, unless there is anything repugnant in the subject or context– (a) “abetment” has the same meaning as assigned to it in Section 107 of the Pakistan Penal Code 1860 (Act XLV of 1860); (b) “borrower” or debtor” means a person to whom a loan is advanced; (c) “Code” means the Code of Criminal Procedure, 1898 (Act No . V to 1898); (d) “financial institution” includes the State Bank of Pa
Section 2(a) of Financial Institutions (Recovery of Finances) Ordinance, 2001
Cited by PUNJAB PROHIBITION OF INTEREST ON PRIVATE LOANS ACT 2022
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“financial institution” includes the State Bank of Pakistan, a commercial or investment bank, a leasing company, a modaraba or other concerns, so defined in terms of section 2(a) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (Ordinance No. XLVI of 2001); (e) “Government” means the Government of the Punjab; 1This Act was passed by Provincial Assembly of the Punjab on 16 August 2022; and assen
Target heading · Financial Institutions (Recovery of Finances) Ordinance, 2001
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context___ (a) “financial institution” means and includes___ (i) any company whether incorporated within or outside Pakistan which transacts the business of banking or any associated or ancillary business in Pakistan t
Section 47 of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by PUNJAB PROHIBITION OF INTEREST ON PRIVATE LOANS ACT 2022
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luding the time for obtaining a certified copy of the order as if such an order relates to the execution, discharge or satisfaction of a decree within the meaning of section 47 of the Code of Civil Procedure, 1908 (Act No. V of 1908). 14. Act to override other laws, etc .– The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force or in any instrument having effect
Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)
47. Questions to be determined by the Court executing decree. __ (1) All questions arising between the parties to the suit in which the decree w as passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the dec
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