Definitions

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.