The Tamil Nadu Pawn Brokers Act, 1943

(1) This Act may be called the Tamil Nadu Pawnbrokers Act, 1943. (2) It extends to the whole of the State of Tamil Nadu. (3) This section shall come into force at once, and the State Government may, from time to time, by notification in the Fort St. George Gazette, apply the remaining provisions of this Act to the whole or any portion of the State of Tamil Nadu from such date as may be specified in the notification, and may cancel or modify any such notification. (1) This Act may be called the Tamil Nadu Pawnbrokers and Debt Relief Laws (Amendment) Act, 1980. (2) Clauses (1) and (3) of section 3 shall be deemed to have come into force on the 13th day of June 1980 and the rest of this Act shall come into force at once.

In this Act, unless there is anything repugnant in the subject or context- (1) " City of Madras " includes all places within the local limits of the ordinary original jurisdiction of the High Court of Judicature at Madras ; (2) " company " means a company- (a) registered under any of the enactments relating to companies for the time being in force in India or in the United Kingdom or in any of the British Dominions, or in any of the Colonies or Dependencies of the United Kingdom; or (b) incorporated by an Act of Parliament of the United Kingdom or by Royal Charter or Letters Patent or by any central Act ; (3) " co-operative society " means a society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932; (3-A) " Inspector " means an Inspector appointed under sub-section (1) of section 10-B ; (4) " interest " does not include any sum lawfully charged in accordance with the provisions of this Act by a pawnbroker for or on account of charges, but save as aforesaid, includes any amount, by whatsoever name called, in excess of the principal, paid or payable to a pawnbroker in consideration of or otherwise in respect of a loan ; (5) " loan" means an advance of money or in kind at interest, and includes any transaction which the Court finds in substance to amount to such an advance, but does not include- (i) a deposit of money or other property in a Government Post Office Savings Bank or in a company or with a co-operative society ; (ii) an advance made by a banking company as defined in section 5 (1) (c) of the Banking Companies Act, 1949, or a co-operative society ; (iii) an advance made by Government or by any person authorized by Government to make advances in their behalf, or by any local authority. (iv) an advance made by any person bona fide carrying on any business not having for its primary object the lending of money, if such loan is advanced in the regular course of such business ; and (v) an advance made by a landlord to his tenant, by a lessor to his lessee, or by one partner in cultivation or co-sharer to another for the purpose of carrying on agriculture ; (6) " pawnbroker " means a person who carries on the business of taking goods and chattels in pawn for a loan ; Explanation.-Every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattels may be afterwards re-purchased on any terms is a pawnbroker within the meaning of this clause ; (7) " pawner " means a person delivering an article for pawn to a pawnbroker ; (8) " pledge " means an article pawned with a pawnbroker ; (9) " prescribed " means prescribed by rules made under this Act ; (10) " principal " in relation to a loan means the amount actually lent to the pawner ; and (11) " year " means the financial year. (iv) an advance made by any person bona fide carrying on any business not having for its primary object the lending of money, if such loan is advanced in the regular course of such business ; and (v) an advance made by a landlord to his tenant, by a lessor to his lessee, or by one partner in cultivation or co-sharer to another for the purpose of carrying on agriculture ; (6) " pawnbroker " means a person who carries on the business of taking goods and chattels in pawn for a loan ; Explanation.-Every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattels may be afterwards re-purchased on any terms is a pawnbroker within the meaning of this clause ; (7) " pawner " means a person delivering an article for pawn to a pawnbroker ; (8) " pledge " means an article pawned with a pawnbroker ; (9) "prescribed" means prescribed by rules made under this Act ; (10) "principal " in relation to a loan means the amount actually lent to the pawner ; and (11) " year " means the financial year. In the Tamil Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act XXIII of 1943), in section 12-A, in sub-section (1), for clause (ii), the following clause shall be substituted, namely :- "(ii) (a) where any debtor to whom the provisions of the Tamil Nadu Debt Relief Act, 1976 (President's Act 31 of 1976) are applicable, has pledged any article with any pawnbroker, the pawnbroker shall not sell or otherwise dispose of, in any manner whatsoever, any such pledged article during the period upto and inclusive of the date of publication of the list of debtors under clause (a) of sub-section (3-A) of section 5 of the said Act and in the case of debtors whose names are so published in the said list, the pawnbroker shall not sell or otherwise dispose of, in any manner whatsoever, the articles pledged by such debtors until final orders (including orders on appeal) are passed on the applications made by them; (b) where any debtor who is entitled to have the debt scaled down under section 8 of the Tamil Nadu Debt Relief Act, 1979 (Tamil Nadu Act 40 of 1979), has pledged any article with any pawnbroker, the pawnbroker shall not sell or otherwise dispose of, in any manner whatsoever, any such pledged article during the period upto and inclusive of the expiry of the last day of the eighteenth month immediately following the date of publication of the Tamil Nadu Pawnbrokers and Debt Relief Laws (Amendment) Act, 1980, in the Tamil Nadu Government Gazette, and the period of one week thereafter. (c) where any debtor to whom the provisions of the Tamil Nadu Debt Relief Act, 1980 (Tamil Nadu Act 13 of 1980), are applicable, has pledged any article with any pawnbroker, the pawnbroker shall not sell or otherwise dispose of, in any manner whatsoever, any such pledged article during the period upto and inclusive of the date of publication of the list of debtors under clause (a) of sub-section (3) of section 5 of the said Act and, in the case of debtors whose names are so published in the said list, the pawnbroker shall not sell or otherwise dispose of, in any manner whatsoever, the articles pledged by such debtors until final orders (including orders on appeal) are passed on the applications made by them.". In section 1 of the Tamil Nadu Pawnbrokers Act, 1943 (hereinafter referred to as the principal Act), in sub-section (3), for the expression "Fort St. George Gazette" the expression "Tamil Nadu Government Gazette" shall be substituted.

(1) Every pawnbroker shall obtain a separate pawnbroker's licence in respect of each such shop or place of business. Explanation.- Where a pawnbroker has more than one shop or place of business, whether in the same town or village or in different towns and villages, he shall obtain a separate pawnbroker's licence in respect of each such shop or place of business. (2) Every pawnbroker's licence granted under this Act shall expire on the last day of the year for which it was granted, but may be renewed from year to year. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Debt Relief Act, 1976 (President's Act 31 of 1976).] In section 3 of the principal Act,-(1) in the marginal heading, the word "annually" shall be omitted; (2) sub-section (2) shall be omitted.

(1) Every application for a pawnbroker's licence shall be in writing and shall be made to the licensing authority prescribed under this Act. (2) The licence shall not be refused except on one or both of the following grounds, namely:- (a) that the applicant is of bad character. Explanation.- If any evidence of bad character is adduced against the applicant, he shall be given an opportunity of rebutting such evidence; and (b) that the shop or place at which he intends to carry on the business of a pawnbroker or any adjacent house or shop or place, owned or occupied by him, is frequented by thieves or persons of bad character: Provided that the licence shall not be refused under this sub-section unless the applicant has had a reasonable opportunity of making his representations. (3) In granting or refusing to grant a licence under this section, the licensing authority may consult such authority or officer as may be prescribed. (3-A) Any person aggrieved by an order of the licensing authority refusing to grant a licence under this section may, within such time as may be prescribed, appeal to such authority as the State Government may specify in this behalf and such authority may make such order in the case as it may think fit. (4) Every licence shall be granted in such form and subject to such conditions as may be prescribed and on payment of such fee not exceeding Rs. 100 as the State Government may from time to time, by notification in the Fort St. George Gazette, determine. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Debt Relief Act, 1979 (Tamil Nadu Act 40 of 1979).] In section 4 of the principal Act, for sub-section (4), the following sub-sections shall be substituted, namely :-(4) Every licence shall be granted in such form and subject to such condition for deposit of such sum as security for the observance of such licence, (a) the condition for forfeiture of the whole or part of the sum so deposited on breach of any condition on which a licence has been granted, (c) the condition for the replenishment of the sum so forfeited within such time as may be prescribed and on payment of such fee not exceeding Rs. 500 as the State Government may, from time to time, by notification in the Tamil Nadu Government Gazette, determine. (5) Every licence granted under this section shall be valid for a period of one year and may be renewed, from time to time, for a period of three years at a time on payment of a renewal fee which is equal to three times the amount of fee payable under sub-section (4) for the grant of such licence.

Every pawnbroker shall- (a) always keep exhibited in large characters over the outer door of his shop or place of business his name with the word pawnbroker, in the chief language of the locality; and (b) always keep placed in a conspicuous part of his shop or place of business so as to be legible to all persons resorting thereto the information required to be printed on pawn-tickets by rules made under this Act, in the chief language of the locality. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Debt Relief Act, 1980 (Tamil Nadu Act 13 of 1980).] (1) Section 7 of the principal Act shall be renumbered as sub-section (1) of that section and in sub-section (1) as so renumbered, after the words "in the prescribed form", the words "which shall be in English and in such language of the locality as may be prescribed" shall be inserted; (2) after sub-section (1) as so renumbered, the following sub-section shall be added, namely :-- "(2) Every pawnbroker shall pay to the pawner the entire amount of the principal of the loan mentioned in the pawn-ticket and no amount shall be deducted from the loan towards future interest or on any other account whatsoever.". (1) Section 7 of the principal Act shall be renumbered as sub-section (1) of that seotion and in sub-section (1) as so renumbered, after the words " in the presaribed form ", the words " whioh shall be in English and in such language of the locality as may be prescribed" shall be inserted; (2) after sub-section (1) as so lenumbered, the following sub-scction shall be added, namely :-- "(2) Every pawnbroker shall pay to the pawner the entile amount of the principal of the loan mentioned in the pawn-ticket and no amount shall be deductd from the loan towards future interest or on any other account whatsoever.".

(1) No pawnbroker shall charge interest in respect of a loan on a pledge at a rate exceeding twelve per cent per annum simple interest (that is to say, one naya paisa per rupee per mensem simple interest). (2) A pawnbroker may demand and take from the pawner such charges and in such cases as may be prescribed. (3) A pawnbroker shall not demand or take from the pawner any profit, interest, charge or sum whatsoever, other than the interest due to him and the charges, if any, referred to in sub-section (2). (1) Notwithstanding anything contained in any law for the time being in force, every proceeding for the execution of a decree (other than the making of an application for the execution of a decree) including proceedings consequent on orders or decrees made in appeals, revision petitions or applications for review, for the recovery of any amount of debt (including interest, if any) which has been scaled down in accordance with the provisions of the Tamil Nadu Debt Relief Act, 1979 (Tamil Nadu Act 40 of 1979) (hereafter in this section referred to as the said Act), pending on the date of publication of this Act in the Tamil Nadu Government Gazette (hereafter in this section referred to as the said date), against any person who is a debtor within the meaning of the said Act, shall, subject to the next succeeding sub-section, stand stayed until the expiry of six months from the said date and where an application has been made by the judgment-debtor under sub-section (2) of section 10-A of the said Act, until the final disposal of the said application : Provided that nothing in this sub-section shall apply to the sale, in respect of any such debt, of- (i) any movable property held and concluded before the said date; (ii) any immovable property confirmed before the said date: Provided further that, nothing in this sub-section shall apply to any proceeding in respect of any debt secured by any mortgage of the description referred to in sub-section (1) of section 9 of the said Act. (2) Nothing contained in this section shall be deemed to invalidate any proceeding in which the order passed has been executed or satisfied in full before the said date. In section 10 of the principal Act,-(1) in sub-section (1), after clause (a), the following clause shall be inserted, namely :-"(aa) regularly record and maintain or cause to be recorded and maintained a cash book in the prescribed form indicating the actual cash balance;"; (2) in sub-section (2), the following shall be added at the end, namely :-"All such books, accounts and documents and other records and files shall be preserved by the pawnbroker for a period of three years from the date of redemption of the pledges or the date of disposal of the pledges in public auction, as the case may be: Provided that all entries made in the pawn-ticket shall be in English and in such language of the locality as may be prescribed."; (3) after sub-section (2), the following sub-section shall be inserted, namely :-"(2-A) The cash balance shown in the cash book maintained under clause (aa) of sub-section (1) shall tally with the entries made in the relevant registers and accounts.". In seotion 10 of the principal Act,- (1) in sub-seation (I), aftel clause (a), the following clausr shall be inserted, namely :"(aa) regularly rcoord and maintain or cause to be recorded and maintained a cash book in the prescribed form indicating the aotual cash balance;"; (2) in sub-seation (2), the Pollowing shall be added at the end, namely :"All such books, aooounts and doouments and other records and files shall be preserved by the pawnbroker for a period of throe years trom tho date of redemption of the pledges or the date of disposal of the pledges in publie auction, as the case may bo : Provided tbat all entries nlado in the pawn-tik.4 sball be in English and in saoh languag~ of tbe looalitv as may be prescribed." ; (3) after sub-section (2), the folJowing sub:srrtionshall be inst~.Md;, namely :" (2-A) Tbo aash balanee shown in the cash boo% maistainrd urdrr ol;-.*e-(aa) of subsootioo (1) sball tally with the entries mad8 in tho rrjwart ,registars and aeaounts!".

Every pawnbroker shall on taking a pledge in pawn give to the pawner a pawn-ticket in the prescribed form, and shall not take a pledge in pawn unless the pawner takes the pawn-ticket. In section 10-B of the principal Act, in sub-section (3), in clause (a),-(1) for the expression "A Magistrate of the first class in the mufassil or a Presidency Magistrate in the Presidency-town", the expression "A Judicial Magistrate of the first class or a Metropolitan Magistrate" shall be substituted; (2) in the first proviso, for the words "Provided that:" the following shall be substituted, namely :-"Provided that if the Inspector has reason to believe that the delay occasioned by obtaining a search warrant will prevent the execution thereof, he may, after recording his reasons in writing, and without a warrant, enter the place and inspect the books, accounts, records, files, documents, safes, vaults and pledges in such premises and may take to his office for further investigation such books, accounts, records, files and documents as he considers necessary: Provided further that"; (3) (a) for the words "Provided further that ", the words "Provided also that" shall be substituted; (b) after the words "who issued the warrant", the words "or, as the case may be, in the case referred to in the first proviso, to the court of the Magistrate who has jurisdiction" shall be inserted. In soetion 10-B of thr prinoipal Act, in sub-section (3), i r olausr (a),- (1) for tho oxpression " A Magistrate of tbr flrsl rlass in thr oofusdl ezi resideary Magistrate, in tha Prasidenoy-town", tho rxprossioa "A JadniaP Maeistratr of the drst olass or a Metropolitan Magistrate" ahall be substituted ; (2) in the first proviso, for tho words " Provided that:" tho lollewing shall be substituted, namely :-"Providod tbat if tho Inspector bas reason to btllrvr that thr dola ucaioned by obtaining a searoh warrant will prrvent the exesutiba t h e r e s t he may, aft61 raoording his reasons in writing, and without a warraot, enter tbt plaos and inspeal the books, aooounts, reoords, Ws, doaumsnts, safrs, vaults and pledges in suoh pramisas and may take to his oflloo for fu~thar investfgatier. such books, accounts, records, files and documents as hr eonsidtls necessary : Provided further that"; (a) for the words " P~ovided further tbat ", the words " Previdrd also that " sball be substituted ; (b) after the words " who issued the warrant ", thr words " er; as the case may br, in the oase referxed to in the first proviso, i t tlrc audt- of the Magistrate who-has- j~risdiction"sball be iaserlcd..

(1) In the absence of a decree or an order of a civil court, or an order of a magistrate or an officer of police not below the rank of sub-inspector prohibiting the delivery by the pawnbroker, of the pledge, to the pawner, the pawner shall, on production of the pawn-ticket and on payment of the sum legally payable in respect thereof, be entitled to the delivery of the pledge. (2) On a declaration in the prescribed form from the pawner that the right to redeem the pledge has been transferred to, or invested in, some other person and on a declaration from that other person that he is in possession of the pawn-ticket and that he is entitled to redeem the pledge, the pawnbroker shall cause an endorsement to be made on the pawn-ticket that the holder thereof is such other person, and shall cause the necessary entry to be made in the pledge book and thereafter the former person's right to redeem shall be extinguished and such other person shall be deemed to be the pawner for the purposes of this section. (3) Where a person claiming to be the messenger or agent of the pawner produces the pawn-ticket and offers to redeem the pledge, the pawnbroker may, after obtaining from the person so claiming, a declaration in the prescribed form, allow redemption if the pawnbroker is satisfied that the person who claims to be such messenger or agent is in fact such messenger or agent: Provided that such pawnbroker shall remain liable to compensate the pawner if it be found later that such messenger or agent had not in fact been duly authorised by the pawner to redeem the pledge: Provided further that, where a person claiming to be the messenger or agent of the pawner produces the pawn-ticket and offers to redeem the pledge, the pawnbroker may send a notice in the prescribed form by registered post to the pawner to the address left by the pawner with the pawnbroker, and if he does not hear anything from the pawner contrary to the claim within two weeks after the date on which the notice would in the usual course of post reach the pawner, the pawnbroker may allow the person claiming to be such messenger or agent to redeem the pledge and shall in that event be exonerated from further liability to the pawner or any person claiming under him. (4) (a) Where the pawner is dead and a person produces the pawn-ticket claiming to be the legal representative of the pawner and offers to redeem the pledge, the pawnbroker shall allow such redemption, after obtaining from such person- (i) a declaration in the prescribed form duly made by such person before any magistrate or judge; and (ii) a bond duly executed by such person with one or more sureties to the satisfaction of the pawnbroker or of such authority or person as may be prescribed in this behalf, agreeing to indemnify the pawnbroker in respect of any liability which may be incurred by him by reason of delivering the pledge or otherwise acting in conformity with the declaration: Provided that no such bond shall be necessary if such person produces a decree of a civil court having jurisdiction for the redemption of the pledge, authorising him to redeem the pledge as the legal representative of the pawner and in any such case, the pawnbroker shall allow redemption. (b) The amount of every bond executed under clause (a) shall be fixed with due regard to the circumstances of the case and shall not be excessive. (5) Where a person comes into possession of a pawn-ticket as the assignee of the pawner, such person shall give notice of such assignment to the pawnbroker in the prescribed form, but the pawnbroker shall not be bound to recognize the claim of such person to redeem the pledge unless the pawner intimates to the pawnbroker the fact of such assignment or unless the pawnbroker, after having sent a notice in the prescribed form by registered post to the pawner to the address left by the pawner with the pawnbroker intimating to him the claim made under the alleged assignment, does not hear anything from the pawner contrary to the claim within two weeks after the date on which the notice would in the usual course of post reach the pawner. (6) Where the pawner alleges that the pawn-ticket has been lost or destroyed and claims redemption of the pledge, the pawnbroker shall, after obtaining from the pawner, a declaration in the prescribed form allow such redemption unless the pawnbroker has received intimation from any other person that he is in possession of the pawn-ticket and is entitled to redeem the pledge: Provided that, before allowing such redemption, the pawnbroker may insist on security to his satisfaction or to the satisfaction of such authority or person as may be prescribed in this behalf being given by the pawner against possible claim by any other person. (7) Where a person claims to be the owner of a pledge and alleges that the pledge was pawned without his knowledge or authority, the pawnbroker shall take a declaration from such person in the prescribed form, and send a notice in the prescribed form by registered post to the pawner to the address left by the pawner with the pawnbroker, and similarly to every other person who has made any claim to the pawnbroker of being entitled to redeem the pledge, and if the pawnbroker does not receive any communication In the principal Act, in sub-section (1) for clause (a), the following clause shall be substituted : " (a) Where a pledge has been sold for more than the amount of the loan and the interest and prescribed charges due at the time of sale, the pawnbroker shall, within thirty days after the sale, pay to pawner by money order after deducting therefrom the deficit, if any, referred to in this section, the costs and the prescribed charges of the sale. If the same is returned undeliuered, the pawnbroker shall pay the amount so returned to the balder of the pawn-ticket on demand made within six months after the sale."; (2) in clause (b), the jvords "on sucb demand" shall be omit$tsd ; (3) after clause (b), the following clauses sball be added, namely :"(c) If the surplus amount is not paid and no demand for the same is bade within six months after the sale, the pawnbroker shall deposit the amour* with the State Govesnment as revenue deposit and shall intirate Iha fact of suoh deposit to the licensing authority. (d) The surplus amount so deposited by the pawnbroker under clause(e) sball be dealt with by the licensing authority in accordance with such rul'es as my be made by the State Government in this behalf.".

(2) Every pawnbroker shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (3) (a) A Magistrate of the first-class in the mufassal or a Presidency Magistrate in the Presidency-town may, on receiving a report from an Inspector or from any police officer not below the rank of sub-inspector that (i) any person carries on business as a pawnbrokqr without a licence at any place within the jurisdiction of such Magistrate, or (ii) any pawnbroker carries on business in contravention of the provisions of this Act or the rules made thereunder or the conditions of the licence granted under this Act, at any Place within the jurisdiction of such Magistrate, issue a warrant empowering the Inspector or, as the case may be, such police officer to enter such place with such assistants as he considers necessary and Inspect the books, accounts, records, files, documents, safes, vaults and pledges in such premises. On receiving such warrant, the Inspector or the police officer may enter the place and inspect the books, accounts, records, files, documents, safes, vaults and pledges la such premises and may take to his office for further Investigation such books, accounts, records, files and documents as he considers necessary : provided that if the Inspector or the police officer removes from the premises any books, accounts, records, files and documents, he shall give to the person in chatgo of the place, a receipt describing the books, acoouats, records, files and documents so removed by him . Provided further that within tweatpfour hours of the removal of the books, accounts, records, fitcs and documents fiom the premises, the Inspector or the police ofIicer shall either return them to the person from whose custody they were removed or produce them in the court of the Magistrate who issued the warrant. Such Magistiate may return the books, accounts, records, files and documents or any of them to the person from whose custody they were removed by the Inspector or the police officer, afte~ taking from such person such security as the Magistrate considers necessary for the production of the books, accounts, records, files and documents when required whether by the Inspector, the police officer or the court, or may pass such other orders as to their disposal as appear just and convenient to the Magistrate. (b) An Inspector shall have authotity to require any person whose testimony he may require regarding any loan or pledge or any other transaction of a pawnbroker to attend before him or to produce or cause to be produced any dociunent and to examine such person on oath. (4) An Inspector may apply for assistance to an officer-in-charge of a police station and take police officers to accompany and assist the Inspector in performing his duties under this Act. Nothing contained in this Act shall be deemed to apply to pawnbrokers, that is to say, to persons who carry on the business of taking goods and chattels in pawn for a loan. Act, in sub-section (1). for the words " witb :- \ ;-,,I a', ol red rupees", the following stali t c subslilutc4: term not exceeding six monlhs but nt t less Provided that the court may, in addition to such imprisonmont, impose .Baa nhiah may extend to one thousand rupees : Provided further that the court may, for any adequate and spacial: rea:soqs, to, be mentioned in the judgment, impose a sentence of imprisonment for a fdrm of less than three months but not less than one month.".

(1) Every pawnbroker shall- (a) regularly record and maintain or cause to be recorded and maintained in a pledge book in the prescribed form, an account showing for each pawner separately- (i) the date of the loan, the amount of the principal of the loan and the rate of interest charged ' onthe loan per cent per annum or per rupee per mensem or per rupee per annum ; (ii) the amount of every payment received by the pawnbroker in respect of the loan, and the date of such payment ; (iii) a full and detailed description of tile article or of each of the articles taken in pawn ; (jv) the time agreed upon for the redemption of the pawn ; (v) the name and the address of the pawner, and where the pawner is not the owner of the article or of any of the 5rticles pawned, the name and address of the owner thereof ; (vi) such other particulars rj:, may be pre- scribed. (b) keep and use in his business the followiag documemts and books (which shall be in the pres- cribed form) and enter therein from time to time, as occasion requires, in a fair and legible manner such particulars dnd in accordance w such directions as may be prescribed :- (i) pawn-ticket ; (ii) sale book of pledges ; (iii) declaration where pledge is claimed by owner ; (iv) declaration of pawn-ticket lost ; and (v) receipt on redemption of pledge ; (c) give to the bamer or his agent a receipt for evely sum paid by him, duly signed and, if necessary, stamped at the time of such payment ; and (d) on requisition in writing made by the pawner furnish to the pawner or, if he so requires, to any person mentioned by him in thnt behalf in his requisition, a statement of account signed by himself or his agent, showing the particulars referred to in clause (a) and also the amount which remains out- standing on account of the pri~lcipl and of interest, and charge such sum as the [State] Government may prescribe as fee therefor. Provided that no such stiltement shall be required to be furnished to a pawner if he is supplied by the pawnbroker with n pass book in the pres- cribed form containing an up-to-date account of the pawnbroker's transactions wit 11 t hc pawner . (2) All records or entries made in the books, accounts and documents referml to in sub-section (1) shall be either in English w in such language After section 16 of the principal Act, the following scctiom shdl br inserted, namely :-"16-A. ~uni~hment jor ob~eondjng with gledgrs.-Any pambrokn n4. s or conceals himself in o ~ d e r to evade the return of any pladge t e *&i shall bd punished with imprisonment for a term which n a y oxtoad h two r with fine or with both.".

(1) Every pledge shall be redeemable within one year from the date of pawning, exclusive of that day ; and there shall be added to that year of redemption seven days of grace within which every pledge shall continue to be redeemable. (2) A pledge shall further continue to be redee- mable until it is disposed of as provided in this Act, although the period of redemption and days of grace have expired. Explanation.--Where tbe contract between the paties provides a longer period for redemption t h n one year, the rovisions pf this section shall be read and construe as if refer s to such longer period had been substituted for t e references to the period of one year therein. In section 18 of the principal Act,- (1) in sub-section (I), for the words " ona huadrad rupoos", tho wmds '' two thousand rupees " shall be substituted ; (2) i'd sub-section (2), for the words "ten rupees", the words " dfty rupoes" aball be substituted.

(1) A pledge pawned shdl not be disposed of by the pawnbroker otherwise than by sale at a public auction, conducted in accordance with such rules as may be presoribed. (2) Where the highest bid at the sale by auction is the bid of the pawnbroker, tlzc sale shall not take effect unless the bid is for a sum exceeding the sum payable on the pawn inclusive of interest and prescribed charges. (3) At any time within three years after the public auction, the holder 01' lllc pawn-ticket may inspect the entry relating to thc sale either in the pawnbroker's book or in such catalogue of the auction as may be prescribed. (4) (a) Where a pledge has heen sold for Inore than the amount of the loan ;~ntl the interest and prescribed charges due at the time of the sale, the pawnbroker shall pay to the holdcr of the pawn-ticket on demand made within three ycnrs after the sale, the surplus after deducting therefrom the necessary costs and prescribed charges of the sale. (b) If on such demand it rrppears that the sale of the pledge has resulted in a su~~plus but that within lwelve months before such. salc, the sale of any other pledge or pledges of the same pciason has resulted in defioit, the pawnbroke7 muy set off the deficit against the surpl~is and s&ll be lic~ble to pay only the balance, if any, after such set oiT. For section 19 of the principal Act, the following scctions ahall be substituted, namely :-"19. Trial of offences.-No court inferior to that of a Chief Judicial Magistrate shall try any ofioace 19-A. (1) When imposing a sentenre of baa the court may, when passing judgment, order recovered to be applied -. (a) in defraying the expenses properly incurred in the prossoution ; (b) in payment to, any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a civil suit, or in replacing or, as the case may be, restoring to the nrtvious state any property which has been pledgod. (2) If the fine 1s l~llposed in a case which is subject to appeal, no such payment shall be ~nnde before the pariod allowed for presenting 'the appeal has elapsed, or, if an appsal ba presented, beforo the decision of the appeal. (3) An ord& &her this sectibn may also be made by an Appellate Cou* or'by the Qigh Court or Court of Ssssion whan exercising.its pawers of revision. (4) At the time of awarding cornpornation in any subsequent cidil*.suil relating to,the same matter, the Court shall take into account any sum pald','$'Y' recovered a s cornpansation under thi's section:".

(1) Notwithstanding anything contained in this Act or in any other law, custom, contract or any decree or order of any court or other authority,- (i) no interest shall accrue in respect of a loan due to a pawnbroker on the 22nd July 1975, and (ii) no pledge pawned shall be sold in any manner whatsoever by the pawnbroker, during the period of operation of the Tamil Nadu Indebted Persons (Temporary Relief) Act, 1975. (2) Interest shall accrue in respect of a loan obtained from any pawnbroker after the 22nd July 1975.

(1) Where a pledge is lost by theft or is destroyed or damaged by or in consequence of fire, the pawnbroker shall nevertheless be liable on application made within the period during which the pledge would have been redeemable, to pay the value of the pledge after deducting the amount of the principal and interest. Explanation.--For the purpose of this sub-section, the value of the pledge shall be its estimated value (if any) entered in the pledge book at the time of the pawn together with interest on the amount of the principal and shall in no case be less than the aggregate of the amount of the principal and interest and twenty-five per cent on the amount of the principal. (2) A pawnbroker shall be entitled to insure to the extent of the value so estimated. In section 21 of the principal A c t , l ' (1) in: the first proviso, for tha eypre2sion sectioi~ Ti", t t e e ~ p r ~ ~ s f i o "sub-section (I) of section 7" shall be substituted ; (2) in tho socond proviso, ' ~ d r thO ongrdsiion " clause (a)" the eqp!crric 9 6 6 j olause (a), clause (aa)" shall be ~ubstitut@,,

If a person entitled and offering to redeem a pledge shows to the satisfaction of a Civil Court having jurisdiction to entertain a suit for such redemption that the pledge has become or has been rendered of less value than it was at the time of the pawning by or through the default, neglect or wilful misbehaviour of the pawnbroker the Court may if it thinks fit, award reasonable compensation to the owner of the pledge in respect of the damage, and the amount awarded shall be deducted from the amount payable to the pawnbroker, or shall be paid by the pawnbroker (as the case requires) in such manner as the Court directs.

(1) The licensing authority specified in sub-section (1) of section 4 may, at any time, during the term of any licence, cancel it by an order in writing-- (a) if the licensee carries on the business in contravention of any of the provisions of this Act or the rules made thereunder or of the conditions of the licence, or (b) if any reason for which such authority could have refused to grant the licence to the pawnbroker under sub-section (2) of section 4, is brought to the notice of that authority after the grant of the licence, or (c) if the licensee is convicted for an offence under sub-section (1) of section 15, or (d) if the licensee maintains false accounts. (2) Before cancelling a licence under sub-section (1), the licensing authority shall give the licensee a notice in writing stating the grounds on which it is proposed to take action and requiring him to show cause against it within such time as may be specified in the notice.

Every order of cancellation of a licence under section 14-A shall be notified in the District Gazette and also on the notice-board of the office of the licensing authority.

A person whose licence is cancelled under section 14-A shall not be entitled to any compensation in respect of such cancellation or to the refund of any fee paid in respect of such licence.

(1) Auctioneers conducting sales under this Act of pledges shall maintain such registers containing such particulars as may be prescribed. (2) At any time within three years after the public auction, any police officer not below the rank of sub-inspector may inspect the registers referred to in sub-section (1) at all reasonable times and at such place as may be prescribed.

(1) Any pawnbroker who actually advances an amount less than that shown in the pawn-ticket or in his accounts or registers or who takes or receives interest or any other charge at a rate higher than that shown in the pawn-ticket or in his accounts or registers shall be punished with fine which may extend to five hundred rupees. (2) If a pawnbroker is convicted of an offence under sub-section (1) after having been previously convicted of such an offence, the Court convicting him may order his licence as a pawnbroker to be cancelled.

A pawnbroker, who-- (1) takes an article in pawn from any person appearing to be under the age of eighteen years, or to be of unsound mind; or (2) purchases or takes in pawn or exchanges a pawn-ticket issued by another pawnbroker; or (3) employs any person under the age of eighteen years to take pledges in pawn; or (4) under any pretence purchases, except at a public auction, any pledge while in pawn with him; or (5) suffers any pledge while in pawn with him to be redeemed with a view to his purchasing it; or (6) makes any contract or agreement with any person pawning or offering to pawn any article, or with the owner thereof, for the purchase, sale or disposition thereof within the time of redemption; or (7) sells or otherwise disposes of any pledge pawned to him except at such time and in such manner as authorised by or under this Act, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

(1) Any person who-- (a) offers to a pawnbroker an article by way of pawn, being unable or refusing to give a satisfactory account of the means by which he became possessed of the article; or (b) wilfully gives false information to a pawnbroker as to whether an article offered by him in pawn to the pawnbroker is his own property or not, or as to his name and address, or as to the name and address of the owner of the article; or (c) not being entitled to redeem, and not having any colour of title by law to redeem, a pledge, attempts or endeavours to redeem the same; shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one hundred rupees or with both. (2) In every case falling under sub-section (1), and also in any case where, on an article being offered in pawn, for sale, or otherwise, to a pawnbroker he reasonably suspects that it has been stolen or otherwise illegally or clandestinely obtained, the pawnbroker shall, in the absence of reasonable excuse inquire into the name and address of the person concerned, and seize and detain such person and the article, if any, and forthwith communicate to the nearest police station the facts of the case and shall deliver the person and the article, if any, seized to the police. (3) A list of properties believed to have been stolen may be delivered by the police to any pawnbroker licensed under this Act and thereupon it shall be the duty of such pawnbroker-- (a) if any article answering the description of any of the properties set forth in any such list is offered to him in pawn, for sale, or otherwise, to proceed in accordance with the provisions of sub-section (2); (b) if any such article is already in his possession, forthwith to communicate to the nearest police station the facts of the case (including full particulars as to the name and address of the person concerned in the delivery of the article to the pawnbroker) and also, if required by the police, to deliver the article to them.

(1) Whoever contravenes any of the provisions of this Act or of any rule or of any terms or conditions of a licence made or granted thereunder shall, if no other penalty is elsewhere provided in this Act for such contravention, be punished with fine which may extend to fifty rupees and, if such person has been previously convicted whether under this section or any other provision contained in this Act, with fine which may extend to one hundred rupees. (2) Any person who after having been convicted of the offence of carrying on or continuing to carry on, the business of pawnbroker in contravention of the provisions of section 3 continues to commit the same offence in the same year, shall in addition to the fine to which he is liable under sub-section (1), be punished with a further fine which may extend to ten rupees for each day after the previous date of conviction during which he continues so to do. (3) Any Court convicting a pawnbroker of a contravention of the provisions of clause (c) or clause (d) of sub-section (1) of section 10, may direct him to furnish a receipt or statement of account in accordance with the provisions of that clause; and if the pawnbroker fails to comply with the direction, the Court may order his licence as a pawnbroker to be cancelled.

No Presidency Magistrate not being a salaried Presidency Magistrate and no other Court inferior to that of a Magistrate of the second class shall try any offence against this Act.

[Omitted]

1st day of November 1944, that any of the provisions of this Act or direct that any such provisions shall apply to such company with such modifications as may be specified in the notification.

(1) The State Government may, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters expressly required or allowed by this Act to be prescribed ; (b) the form of, and the particulars to be contained in, an application for a pawnbroker's licence under this Act ; and (c) the form in which the books, accounts and documents specified in this Act shall be recorded, maintained, kept or used. (3) All rules made under this Act shall be published in the Fort St. George 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. (4) Every rule made under this Act shall as soon as possible after it is made, be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such varied 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. (1) i n sub.section (3); for the expression " h r r St. S P G ~ $ A ; & ~ ~ ~ ~ . & ~ ~ : # q axqmion :!Tamil Nadu Goverament Gazette," shall be .subsllruied.. (2) in sub-sation (2), after claurc (b),'t'he ~ o l l o a i n g c l ~ ~ ~ o shall be iilw;:,ed, nairi61y :-"(bb) the payment of security deposit for the due obse!~ance of ( h e terms and conditions of the licence and its forfeiture for the non-obse I \ : n:e c f~such farms #and conditions of the licence and for :the replenishment, of -lKe s th ' s'o! forfeited ;"; (3) in sub-section (3); for the expression " h r r St. S P G ~ $ A ; & ~ ~ ~ ~ . & ~ ~ : # q axqmion :!Tamil Nadu Goverament Gazette," shall be .subsllruied..

(1) [Content not fully provided in snippet, refers to modifications of Debtors' Protection Act]. (2) In any area to which the provisions of this Act have been applied by a notification under sub-section (3) of section 1, the provisions of the Tamil Nadu Debtors' Protection Act, 1934, shall after the expiry of three months from the date of such application and so long as such notification remains in force, have effect subject to the following modifications, namely :- (i) in section 2, in clause (6), the words "including a pawnbroker" shall be omitted ; (ii) in the same section, clauses (8) and (9) shall be omitted, and clauses (10) and (11) shall be renumbered as clauses (8) and (9) respectively ; (iii) section 4 shall be omitted ; (iv) in section 5, after the word and figure "section 3", the word "and" shall be inserted, and the words, brackets and figures "and in the copy of the entries to be delivered under sub-section (2) of section 4" shall be omitted ; (v) in sub-section (1) of section 6, the words, brackets and figures "or by sub-section (1) of section 4" shall be omitted ; (vi) in sub-section (2) of the same section, the words, brackets and figures "or if a pawnbroker fails to deliver to the pawner, a copy of the entries as required by sub-section (2) of section 4" shall be omitted ; (vii) in sub-section (2) of section 8, the word "and" shall be inserted at the end of clause (b) and omitted from the end of clause (h) ; (viii) in the same sub-section, clause (c) shall be omitted ; and (ix) after section 8, the following section shall be added, namely :- "9. Nothing contained in this Act shall be deemed to apply to pawnbrokers, that is to say, to persons who carry on the business of taking goods and chattels in pawn for a loan."

(1) If the provisions of this Act have been applied to the City of Madras by a notification under sub-section (3) of section 1, section 28 of the Madras City Police Act, 1888, shall after the expiry of three months from the date of such application and so long as such notification is in force, have effect as if the word "pawnbroker" occurring in four places therein and the words "in pawn" were omitted. (2) Nothing contained in this Act shall be deemed to exempt pawnbrokers from the operation of section 66 of the Madras City Police Act, 1888.

Nothing contained in this Act shall apply to any loan advanced on a pledge in any area to which the provisions of this Act have been applied by a notification under sub-section (3) of section 1 before the expiry of three months from the date of such application, and notwithstanding anything contained in section 23 of this Act the provisions of the Tamil Nadu Debtors' Protection Act, 1934, as they stood before such application shall continue to apply to any such loan.

(b) The amount of every bond executed under clause (a) shall be Axed with due re&rd to the circumstances of the case 'and shall not be excessivc. (5) Where a person co* into possession of a pawn-ticket as the assignee of the pawner, such person shall give notice of such assignment to the pawnbroker in the prescribed form, but the pawnbroker shall not be bound to recognize the claim of such person to redeem rhe pledge unless the pawner intimates to the pawnbroker the fact of such assignment or unless the pawnbroker. after having sert a notice in rhe prescribed form by registered post to the pawner to the eddress left by the pawner with the pawnbroker intimating to him the claim made under the alleged assignment, does nor hem anything from the pawner contrary to the claim within two weeks after the date on which the notice would irl the usual course of post reach the pawner. (6) Where the pawner alleges that the pawn- ticket has been lost or destroyed and claims redemption of the pledge, the pawrbroke~ shall, after obtaining from the pawner, a declnration in the prescribed form allow such rede~nplion crzless the pawnbroker has received intimatio~~ from ally other pcrson that he is in possession of tlw pi~wll-tickct and is el~ritled to redeem the pledge : Provided that, bCfo~'c :~Ilowi~)g SLLCJI redemption, the pawnbroker may il~sisr 011 sccuriry to his salis- faction or to the sarisfaction of such authority or pcsson as may be prescribed it) this behalf being given by the pawner against possihle claim by any other persc n. (7) Where a persol\ claims to be the owncr of a pledge and alleges that the pledge was pawned with- out his knowledge or c111 thurity, the pawnbroker shall take a declaration fivm such person in the prescri- bed form, and send n notice in the prescribed form by registered post to the pnwnet: to the address left by the pawner with the pawnbrokdr, and similarly to every other person who has made any claim to the pawnbroker of being entitled to d e e m the pledge, and if the pawnbroker does not receive any communication in writing from the pawner or any other such person prohibiting the delivery of the pledge to the claimant, within two weeks after the date on which the notice or notices would in the usual course of post reach the addressee or addressees, the pawnbroker may allow the claimant to redeem the pledge, and the pawnbroker shall in that event be exonerated from further liability to the pawner or any person claiming under him