Usurious Loans Act, 1918
No: 10 Dated: Mar, 22 1918
THE USURIOUS LOANS ACT, 1918
ACT NO. 10 OF 1918
An Act to give additional powers to Courts to deal in certain cases with usurious loans of money or in kind.
WHEREAS it is expedient to give additional powers to Courts to deal in certain cases with usurious loans of money or in kind;
It is hereby enacted as follows:—
1. Short title and extent.—(1) This Act may be called Usurious Loans Act, 1918.
(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.
(3) The State Government may, by notification in the Official Gazette, direct that it shall not apply to any area, class of persons, or class of transactions which it may specify in its notification.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) “Interest” means rate of interest and includes the return to be made over and above what was actually lent, whether the same is charged or sought to be recovered specifically by way of interest or otherwise.
(2) “Loan” means a loan whether of money or in kind and includes any transaction which is, in the opinion of the Court, in substance a loan.
(3) “Suit to which this Act applies” means any suit—
(a) for the recovery of a loan made after the commencement of this Act; or
(b) for the enforcement of any security taken or any agreement, whether by way of settlement of account or otherwise, made, after the commencement of this Act, in respect of any loan made either before or after the commencement of this Act; or
(c) for the redemption of any security given after the commencement of this Act in respect of any loan made either before or after the commencement of this Act.