Grant of licences

(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.