IV-2—Ex. (265)

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2025

[Price: Rs. 4.00 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 265]

CHENNAI, MONDAY, JUNE 9, 2025

Vaikasi 26, Visuvaavasu, Thiruvalluvar Aandu-2056

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[185]

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 9th June 2025 and

is hereby published for general information:—

ACT No. 40 of 2025.

An Act to protect and relieve the economically weaker and

vulnerable groups and individuals, especially farmers, women

and women’s self-help groups from the undue hardship of

coercive means of recovery of any loans by money lending

entities like Micro Finance Institutions, Money Lending Agencies

and Money Lending Organisations operating in the State of

Tamil Nadu and for matters connected therewith and incidental

thereto.

enacted

the

Legislative

Assembly

the

State of Tamil Nadu in the Seventy-sixth Year of the Republic of

India as follows:—

CHAPTER I.

PRELIMINARY.

(1) This Act may be called the Tamil Nadu Money Lending

Entities (Prevention of Coercive Actions) Act, 2025.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State

Government may, by notification, appoint.

Short title,

extent and

commencement.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Application.

2. This Act shall apply to all money lending entities functioning

in the State of Tamil Nadu except Banks, Non-Banking Financial

Companies registered with the Reserve Bank of India, Co-operative

Banks and Co-operative societies:

Provided that the provisions of this Act relating to ‘coercive

action’ against the borrower shall apply to the aforesaid Non-Banking

Financial Companies registered with the Reserve Bank of India,

Co-operative Banks and Co-operative societies.

Definitions.

3. In this Act, unless the context otherwise requires, —

(a) “borrower” means an individual or group of individuals

or a Self Help Group or Joint Liability Group, who avail money in the

form of loan for any purpose, from any money lending entity under

an agreement either orally or in writing with terms and conditions that

the money shall be repaid within a certain period of time;

(b) “coercive actions” mean actions specified in section 20;

deemed to be registered under the Tamil Nadu Co-operative Societies

Act, 1983;

Tamil Nadu Act 30

of 1983

(d) “Government” means the State Government;

(e) “loan” means money advanced to the borrower by the

money lending entity at interest explicitly charged or otherwise;

(f) “Micro Finance Institution” means an entity that provides

micro loans to the borrowers, whose main or incidental activity is to

lend money or offer financial support of whatsoever nature to the

borrowers;

(g) “micro loan” means a loan given to a household having

annual household income up to three lakh rupees or such limit as the

Government may fix from time to time, by notification.

Explanation.— For the purpose of this clause, a household

shall mean an individual family unit, i.e., husband, wife and their

unmarried son and daughter;

(h) “money lending entity” includes any micro finance

institution or money lending agency or money lending organisation

or partnership firm or person or group of persons or digital lending

platform or any other entity involved in money lending activities by

whatever name it may be called, whose main or incidental activity is

to lend money and recover it.

Explanation.— For the purpose of this clause,—

(i)

the term “money lending activity” does not

include the business of Pawnbrokers regulated under the

Tamil Nadu Pawnbrokers Act, 1943;

(ii) the term “group of persons” does not include

community-based organisations like Self Help Groups, Panchayat

Level Federations, Block Level Federations, District Level

Federations and Area Level Federations;

Tamil Nadu Act

XXIII of 1943.

(i)

“prescribed” means prescribed by rules made under

this Act;

(j) “Registering Authority” means an authority appointed

under section 4;

(k) “State” means the State of Tamil Nadu.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER II.

REGISTRATION OF MONEY LENDING ENTITIES

AND REGULATION THEREFOR.

PART I

REGISTRATION OF MONEY LENDING ENTITY.

(1) The Government may, by notification, appoint such

number of officers to be the Registering Authority of money lending

entities and define the areas of jurisdiction of such authority.

(2) The Registering Authority shall exercise such powers

and perform such duties as may be prescribed.

Appointment of

Registering

Authority.

(1) No money lending entity functioning in the State

on the date of commencement of this Act or intending to start the

business of money lending after the commencement of this Act,

shall grant any loan or recover any loan without obtaining a

Certificate of Registration under this Act:

Money lending

entities to obtain

Certificate of

Registration.

Provided that, every money lending entity functioning

in the State as on the date of the commencement of this Act,

shall, within ninety days from the date of commencement of this

Act, obtain a Certificate of Registration from the Registering

Authority under this Act.

(2) Every application for registration of money lending entity

shall be submitted through the online portal as may be notified by

the Government, in such electronic form, along with such documents

and fees as may be prescribed.

(3) On receipt of such application, the Registering

Authority shall verify the details furnished by the money lending

entity and grant or refuse to grant a Certificate of Registration

through online portal referred to in sub-section (2) in such electronic

form and within such time as may be prescribed:

Provided that no such application shall be rejected

without giving opportunity of being heard to the applicant and for

reasons to be recorded.

(4) If no decision is made on the application within the time

limit prescribed under sub-section (3) by the Registering Authority

concerned, the Certificate of Registration shall be auto-generated

and granted online in such form as may be prescribed.

(5) The certificate granted under sub-section (3) or

(4) shall be valid for a period of three years from the date on

which it is granted, subject to fulfillment of such terms and conditions

specified therein:

Provided that if any money lending entity intends to carry on

its business in any other district or region other than the district or

region where it has registered, it shall furnish the details of such

registration in such electronic form as may be prescribed to the

Registering Authority of the district or region concerned where it

intends to carry on its business.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Renewal of

Certificate of

Registration.

(1) Every Certificate of Registration shall be renewed for a

period of three years, in such manner and on payment of such fees

and fulfillment of such conditions, as may be prescribed.

(2) Every application for renewal of the Certificate of

Registration granted under this Act shall be made not less than sixty

days before the date of expiry of the period of such certificate:

Provided that the Registering Authority may entertain the

application for renewal after the expiry of the aforesaid period but

before the expiry of the period of the certificate, if it is satisfied that

the applicant was prevented by sufficient cause from applying for

renewal in time.

(3) On receipt of the application under sub-section (2),

the Registering Authority shall verify the details furnished by the

money lending entity and renew or refuse to renew the Certificate of

Registration in such electronic form as may be prescribed, before the

date of expiry of registration:

Provided that no such application shall be rejected without

giving opportunity of being heard to the applicant and for reasons to

be recorded.

(4) If no decision is made on the application within the time

limit prescribed under sub-section (3) by the Registering Authority

concerned, the renewal of Certificate of Registration shall be auto-

generated and granted online in such form as may be prescribed.

Registered office.

7. Every money lending entity shall have a registered office in

this State.

Maintenance of

registers by

the Registering

Authority.

(1) Every Registering Authority, while granting a Certificate

of Registration or renewal thereof, shall maintain a register of

registered money lending entities in such electronic form and in such

manner as may be prescribed.

(2) On receipt of intimation from the money lending entity

as required under the proviso to sub-section (5) of section 5, the

Registering Authority shall make necessary entries in a separate

operating in the areas under its jurisdiction but registered in any other

district or region, in such electronic form and in such manner as may

be prescribed.

(3) The registers maintained under sub-sections (1) and (2)

shall be uploaded by the Registering Authority in the online portal

referred to in sub-section (2) of section 5 and shall be periodically

updated in such manner as may be prescribed. The details of list

of registered money lending entities and the list of money lending

entities operating in the areas within the jurisdiction of the Registering

Authority concerned should be made accessible to the general public.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART II

REGULATIONS FOR MONEY LENDING ENTITY.

(1) The effective rate of interest charged by the money

lending entity shall be prominently displayed in all its offices, its

website, and in the prospectus or brochure or advertisement notices,

as the case may be.

(2) There shall be only four components in the pricing of

the loan, namely, the rate of interest, the processing charge, the

insurance premium and delayed penal payment.

(3) Every loan application form shall include necessary

information which may affect the interest of the borrower, so that

a meaningful comparison with the terms and conditions offered by

other money lending entities can be made and a proper decision can

be taken by the borrower. Such application form shall indicate the

documents required to be submitted with the application form.

Transparency in

the business of

money lending

entity.

(4) Every money lending entity shall deliver or cause

to be delivered, to the borrower within one day before the date on

which a loan is lent, a statement in the specified form showing in

clear and distinct terms, the principal amount, date of the loan and

of its maturity, the name and address of the money lending entity,

borrower, the effective rate of interest charged, the processing

charge, the insurance premium and delayed penal payment.

(5) There shall be a standard loan agreement.

(6) Money lending entity shall provide the borrower a loan

card containing the following particulars,—

(i)

the effective rate of interest charged, the processing

charge, the insurance premium and delayed penal payment;

(ii) all the other terms and conditions attached to the

loan;

(iii) information

which

adequately

identifies

the

borrower; and

(iv) acknowledgements by the money lending entity of

all repayments including instalments received and the final discharge.

(7) No money lending entity shall receive any repayment of

loan from a borrower without giving him a duly signed receipt for the

repayment.

(8) Every money lending entity shall, on a demand in

writing by the borrower, supply a copy of any document relating to

a loan obtained by him, or if the borrower so requires, to any person

specified in that behalf in the demand.

(9) All communications with the borrower including the

entries in the loan card shall also be in Tamil.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Lending Norms.

10. The Government may, by notification, specify the lending

norms, collection and recovery practices.

Explanation.— For the purpose of this section, lending norms

does not include rate of interest.

Money lending

entity not to

seek security.

11. The extent of loan up to which the money lending entity shall

not seek security from a borrower is such as may be prescribed.

Explanation.— For the purpose of this section, “security” means

any form of collateral.

Books of

accounts to

be maintained

by the money

lending entity.

12. Every money lending entity shall keep and maintain a cash

book, a ledger and such other books of account in such form and

such manner as may be prescribed.

Submission of

accounts,

returns, etc.

13. Every money lending entity shall upload an annual statement

for each financial year in such form and within such time as may be

prescribed, in the portal referred to in sub-section (2) of section 5.

PART III

POWERS OF REGISTERING AUTHORITY.

Power to cancel

or suspend

Registration.

14. (1) The Registering Authority may, at any time, either suo

motu or upon receipt of complaint from a borrower or any other person,

is of the opinion that the money lending entity has contravened any

of the provisions of this Act or the rules made thereunder, shall issue

a notice to the money lending entity to show cause as to why the

registration of the said entity shall not be cancelled.

(2) The Registering Authority on consideration of reply,

if any received therefor, and on satisfaction that the money

lending entity has violated the said provisions, may cancel the

registration of that money lending entity, after recording the reasons

in writing for such cancellation.

(3) Pending enquiry under sub-section (1), the Registering

Authority may, for sufficient reasons to be recorded, suspend the

registration of that money lending entity.

(4) The money lending entity whose Certificate of

Registration has been suspended or cancelled, shall not lend money.

Power to require

production

of records or

documents and

power of entry,

inspection and

seizure.

15. (1) The Registering Authority or any officer authorised by

it in writing in this behalf, without prejudice to the powers of Police

authorities under Chapter VII and section 185 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, may, for verifying whether the business of

the money lending entity is being carried on in accordance with the

provisions of this Act, enter the premises of any money lending entity

or of any person who in his opinion, is carrying on the business of

money lending and call upon to produce any record or document

relating to such business. Every such money lending entity or such

person shall allow such inspection and produce such records or

documents during such inspection, and as and when required.

(2) The Registering Authority or any officer authorised

by it, may, for the purposes of sub-section (1), search the

premises and seize any records, documents as may be necessary.

The records or documents so seized shall be retained only for

such period as may be necessary for the purposes of examination,

prosecution or other legal action.

Central Act 46 of

2023

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The Registering Authority or any officer authorised by it,

shall also have power to summon and examine any money lending

entity or any person connected with that entity, who in his opinion is

in a position to furnish relevant information.

PART IV

DISPUTE RESOLUTION.

16. (1) Any borrower may file a complaint regarding violation

of any provisions of this Act by a money lending entity either to the

Registering Authority which registered the money lending entity or to

the Registering Authority under whose jurisdiction the money lending

entity operates, or to the jurisdictional police station.

Complaints.

(2) The Registering Authority shall inquire such complaint

by following the procedures specified in section 14 and pass such

order, as it may deem fit.

(3) If, after an inquiry, the Registering Authority finds that

there is a prima facie case involving criminal offence against the

money lending entity, the Registering Authority shall forward the

complaint to the jurisdictional police station.

(4) No police officer shall refuse to receive such complaint.

17. (1) For the protection of borrowers and for the settlement

of disputes of civil nature between the borrower and the money

lending entity, in respect of loans granted by a money lending

entity, the Government may, by notification, appoint one or more

Ombudsperson as they deem fit. He can act as mediator between

the borrower and lender for settling the disputes.

(2) The powers and functions of ombudsperson shall be

such as may be prescribed:

Provided that nothing contained in this section shall bar

the jurisdiction of civil courts to hear and try the disputes.

Appointment of

Ombudsperson.

CHAPTER III.

OFFENCES AND PENALTIES.

18. Any person who is connected with and responsible for

the day-to-day control, business and management of a money

lending entity which carries on the business of providing loans

without obtaining Certificate of Registration under section 5 shall be

punishable with imprisonment for a term which may extend to three

years and with fine which may extend to rupees one lakh.

Punishment

for carrying

on business

without

registration.

19. The money lending entity which fails to upload the annual

statement within the time stipulated under section 13, shall be

punishable with fine which shall not be less than ten thousand

rupees, but which may extend to one lakh rupees.

Penalty for

contravention of

section 13.

20. (1) No borrower or any of his family members shall be

subjected to coercive action by a money lending entity or its agents

while recovering loan from the borrower.

Prevention

of coercive

actions.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) The following circumstances, if it occurs, or is present

in relation to or connected with the recovery of loan from a borrower

by a money lending entity or its agents may amount to coercive

action: —

(a) obstructing or using violence to or insulting or

intimidating the borrower or any of his family members; or

(b) persistently following the borrower or any of his

family members from place to place, or interfering with any property

owned or used by them, or depriving them of or hindering them in the

use of, any such property; or

borrower resides or works, or carries on business, or happens to be,

with an intention of taking coercive action; or

(d) using the service of private or outsourced or

external agencies, to negotiate or urging the borrower to make

payment using coercive and undue influence; or

(e) seeking to take forcibly any document of the

borrower which entitles him to a benefit under any Government

programme, any other vital documents, articles or household

belongings.

Punishment for

contravention of

section 20.

21. Whoever, in contravention of section 20 of this Act, use any

coercive action for recovery of money against a borrower or any of

his family members, shall be punished, —

(i)

where such contravention relates to clause (a) or (b)

or (c) of sub-section (2) of section 20, with imprisonment for a term

which may extend to three years or with fine which may extend to five

lakh rupees, or with both; and

(ii) where such contravention relates to clause (d) or (e)

of sub-section (2) of section 20, with imprisonment for a term which

may extend to five years or with fine which may extend to five lakh

rupees, or with both.

Abetment of

suicide.

22. Where a borrower or any of his family members commits

suicide and if it is proved that immediately prior to such suicide, the

borrower or any of his family member was subjected to coercive

action by the money lending entity which has advanced the loan or

its agents, such money lending entity and its agents shall be deemed

to have abetted such suicide and so deemed to have committed an

offence under section 108 of the Bharatiya Nyaya Sanhita, 2023.

Explanation.─ For the purposes of sections 20, 21 and 22,

the term “family members” mean parents, spouse, and children of the

borrower.

Central Act 45 of

2023.

Punishment for

contravention of

other provisions

of the Act.

23. Whoever contravenes any of the provisions of this Act or any

rules made thereunder for which no penalty is separately provided

for in this Act, shall be punishable with fine which may extend to ten

thousand rupees.

Cognizable and

non-bailable

offence.

24. The offences punishable under this Act except sections 19

and 23, shall be cognizable and non-bailable in nature.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

25. Whenever a money lending entity is convicted under the

provisions of this Act, the Registering Authority which registered

the money lending entity or the Registering Authority under whose

jurisdiction the money lending entity operates, is empowered to

suspend or cancel or recommend to cancel the registration of such

money lending entity under the provisions of this Act.

Suspension or

cancellation of

Registration

on imposition

of punishment

under this Act.

26. (1) Where an offence under this Act has been committed

by a company, every person who at the time the offence was

committed, was in charge of and was responsible to the company for

the conduct of the business of the company, as well as the company

shall be deemed to be guilty of the offence and shall be liable to be

proceeded against and punished accordingly:

Offences by

companies.

Provided that nothing contained in this sub-section shall render

any such person liable to any punishment provided in this Act if he

proves that the offence was committed without his knowledge or that

he exercised all due diligence to prevent the commission of such

offence.

(2) Notwithstanding anything contained in sub-section (1),

where an offence under this Act has been committed by a company

and it is proved that the offence has been committed with the consent

or connivance of, or is attributable to any neglect on the part of, any

director, manager, secretary or other officer of the company, such

director, manager, secretary or other officer shall also be deemed to

be guilty of that offence and shall be liable to be proceeded against

and punished accordingly.

Explanation.— For the purposes of this section—

(a) “company” means a body corporate, and includes a

firm or other association of individuals; and

(b) “director” in relation to a firm means a partner in the

firm.

CHAPTER IV.

MISCELLANEOUS.

Central Act 45 of

2023.

27. Every officer or person acting under the provisions of this

Act shall be deemed to be a public servant within the meaning of

clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.

Every officer to be

public servant.

28. The provisions of this Act shall be in addition to and not in

derogation of, any other law for the time being in force.

Operation of

other laws not

affected.

29.The Government may, from time to time, give such directions

not inconsistent with the provisions of the Act or the rules made

thereunder to the money lending entities, Registering Authority,

Ombudsperson, or any other persons employed in connection with

the implementation of this Act, as they may deem fit for giving effect

to the provisions of this Act.

Power to give

directions.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Power to make

rules.

30. (1) The Government may make rules to carry out the

provisions of this Act.

(2) (a) All rules made under this Act shall be published in the

Tamil Nadu Government Gazette and unless they are expressed to

come into force on a particular day, shall come into force on the day

on which they are so published.

(b) All notifications issued under this Act shall, unless

they are expressed to come into force on a particular day, come into

force on the day on which they are so published.

(3) Every rule made or notification or order issued under

section 31 of this Act shall, as soon as possible, after it is made

or issued, be placed on the table of the Legislative Assembly, and

if, before the expiry of the session in which it is so placed or the

next session, the Assembly makes any modification in any such

rule or notification or order, or the Assembly decides that the rule

or notification or order should not be made or issued, the rule or

notification or order shall thereafter have effect only in such modified

form or be of no effect, as the case may be, so, however, that any

such modification or annulment shall be without prejudice to the

validity of anything previously done under that rule or notification or

order.

Power to remove

difficulties.

31. If any difficulty arises in giving effect to the provisions

of this Act, the Government may, by an order published in the

Tamil Nadu Government Gazette, make such provisions not

inconsistent with the provisions of this Act which appear to it to be

necessary or expedient for the purposes of removing the difficulty:

Provided that no such order shall be made under this

section after the expiry of the period of two years from the date of

commencement of this Act.

(By order of the Governor)

S. GEORGE ALEXANDER,

Secretary to Government,

Law Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU