ANDHRA PRADESH PAWN BROKERS ACT, 2002 THE ANDHRA PRADESH PAWN BROKERS ACT, 2002 [Act No. 6 of 2002] AN ACT TO CONSOLIDATE THE LAWS RELATING TO PAWN BROKING IN THE
STATE OF ANDHRA PRADESH AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERE
TO. Whereas, it is expedient to
provide for the regulation and control of the business of Pawn Broking in the
State of Andhra Pradesh. Be it enacted by the
Legislative Assembly of the State of Andhra Pradesh in the Fifty-third Year of
the Republic of India as follows :- (1)
This Act may be called the Andhra Pradesh Pawn Brokers Act, 2002. (2)
It extends to the whole of the State of Andhra Pradesh. (3)
It shall come into force on such date and in such areas as the
Government may by notification, appoint and they may appoint different dates
for different areas. In this Act, unless the
context otherwise requires,- (1)
"Appellate authority" means any officer or authority
appointed by the Government to exercise the powers of an appellate authority
under this Act; (2)
"Company" means a body corporate and includes a firm,
association of persons or body of individuals whether incorporated or not. (3)
"Co-operative Society" means a society registered or
deemed to have been registered under the Andhra Pradesh Co-operative Societies
Act, 1964(Act 7 of 1964. Act 30 of 1995) or the Andhra Pradesh Mutually Aided Co-operative Societies
Act, 1955. (4)
"Government" means the State Government of Andhra Pradesh. (5)
"Interest" does not include any sum lawfully charged in
accordance with the provisions of this Act by a Pawn Broker for or on account
of costs, charges or expenses, but saved as aforesaid, includes any amount by
whatsoever name called, in excess of the principal, paid or payable to a Pawn
Broker in consideration of or otherwise in respect of a loan. (6)
"Licence" means a Pawn Broker's licence granted under
section 4. (7)
"Licensing Authority" means an officer or authority
appointed by the Government to perform the functions of a licensing authority
under this Act. (8)
"Loan" means an advance whether 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,- (a)
a deposit of money or other property in a Government Post Office
Savings Bank or in a Bank or in a Company as defined in the Companies Act,
1956(Central Act 1 of 1956) or with a Co-operative Society; (b)
an advance made to any loan floated by the Government of India or
the Government of any State; (c)
an advance made by a Bank or a Co-operative Society or an advance
made from a provident fund to which the Provident Funds Act, 1925(Central Act
19 of 1925) applies; (d)
an advance made by the Government or by any person authorised by
the Government to make advances on their behalf, or by any local authority : (e)
an advance made by any authorities specified by the Government by
notification: (f)
an advance made by a trader bonafide carrying on any business,
other than Pawn-Broking, if such loan is advanced in the regular course of such
business; (g)
an advance made to its members by any Nidhi or Permanent Fund
registered under any Chit Fund scheme or Chit; (9)
"Members of Weaker Sections" means any individual whose
total income from all sources put together does not exceed rupees eleven
thousands per annum. (10)
"Notification" means a notification published in the
Andhra Pradesh Gazette, and the word "notified" shall be construed
accordingly. (11)
"Pawn Broker" 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 purpose of sale of goods or chattels and who purchase
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 repurchased on any term is a Pawn Broker within the meaning
of this clause. (12)
?Pawner" means a person delivering an article for pawn to a
Pawn Broker. (13)
Pledge means an article pawned with a Pawn Broker. (14)
"Prescribed" means prescribed by rules made under (15)
"Principal" in relation to a loan means the amount
actually lent to the pawner, and (16)
"Year" means the financial year. (1) No
person, shall commence or carry on or continue business in Pawn Broker at any
place to which this Act applies without a licence obtained under this Act or in
contravention of the terms thereof: Provided that nothing in
this section shall be deemed to prohibit a licensee under the Andhra Pradesh
(Andhra Area) Pawn Broker Act, 1943(Act XXIII of 1943) or the Andhra Pradesh
(Telangana Area) Money Lenders Act, 1349F(Act 5 of 1349 F) who has applied for
a licence within three months from the commencement of this Act to carry on or
to continue business as a Pawn Broker pending orders on his application. (2) Where a
Pawn Broker has more than one shop or place of business, whether in the same
town or village or in different towns or villages, he shall obtain a separate
licence in respect of each such shop or place of business. (3)
?(a) Where a Pawn Broker is
a registered firm, the licence shall be obtained in the firm's name. (b) ??Where a Pawn Broken is an undivided joint
family, the licence shall be obtained in the name of the manager or the Kartha
as the case may be, described as such in the licence. (c)? ?Where
a Pawn Broker is any other association of individuals, not required to be
registered under the Indian Companies Act, 1956(Central Act 1 of 1956), a separate licence shall
be obtained by each such individual in his name describing himself as a member
of the association Provided that nothing
contained in this sub-section shall affect the operation of section 69 of the
Indian Partner-ship Act, 1932(Central Act 9 of 1932). (1)
Every application for a Pawn Broker's licence shall be in writing
and shall be made to the licensing authority in such manner and accompanied by
such licence fee as may be prescribed. (2)
Every licence shall be granted in such form and subject to such
conditions as may be prescribed. (3)
The Licensing Authority may by order in writing refuse to grant a
licence, if such authority is satisfied,- (a)
that the applicant has not complied with the provisions of this
Act or the rules made thereunder in respect of an application for the grant of
licence; or (b)
that the applicant has made wilful default in complying With or
knowingly acted in contravention of any requirement of this Act; or (c)
that the applicant has,-- (i)
knowingly participated in or connived at any fraud or dishonesty
in the conduct of or in connection with the business of Pawn Broking; or (ii)
is found guilty of an offence punishable under this Act or any
other law for the time being in force in respect of or in connection with the
business of Pawn. Broking; or (d)
that the application is made within six months of the cancellation
of the previous licence of the applicant, (4)
Every order of the Licensing Authority under Subsection (3) shall
be communicated to that applicant in such manner as may be prescribed. (5)
The Licensing Authority may, if it is satisfied that an applicant
coming under the purview of the proviso to Sub-section (1) of section 3 could
not apply for a licence under this Act, Within the period referred to therein
for reasons beyond his control, condone the delay upto a maximum period of ninety
days subject to payment of a penalty equal to the prescribed licence fee. (6)
Every licence granted under this Act shall, subject to the
provisions of sub-section (8), be for a period of three years. (7)
A licence granted under Sub-section (2) may be renewed on an
application which shall be made atleast two months before the expiry of the
period of licence and the provisions of Sub-sections (1) to (.6) shall apply in
relation to the renewal of licence as they apply in relation to the grant of a
licence. (8)
If orders refusing to renew a licence are not communicated to a
Pawn Broker by the Licensing Authority before the expiry of his current
licence, the Pawn Broker shall, notwithstanding such expiry, be deemed to have
a valid licence till the orders are received by him on his application for
renewal. (9)
Nothing in this section shall be. deemed to disentitle a Pawn
Broker whose licence has expired or has not been renewed from taking steps to
recover any loan advanced during the period when the licence was in force. Every Pawn Broker shall
always exhibit over his shop or place of business his name with the word
"Pawn Broker" and its equivalent in the regional language. No Pawn Broker shall change
his place of business without previous notice to the licensing Authority and
without having the address of the new place of business duly endorsed on his
licence. (1)
No Pawn Broker shall charge interest on any loan at a rate
exceeding by more than two per cent the rate charged by commercial banks on
similar loans granted by them. (2)
No Pawn Broker shall demand or take any gifts, articles,
commission, charges or amount under any name whatsoever from the pawner while
advancing a loan in terms of this Act, other than the interest. (3)
The total interest payable on a loan shall not exceed the quantum
of the principal. Every Pawn Broker 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. (1)
Subject to the provisions of this Act, every Pawn Broker shall on
payment of the principal and interest, deliver the pledge to the pawner. (2)
Except as otherwise expressly provided in this Act, a Pawn Broker
shall not be bound to deliver back a pledge unless the pawn-ticket, is
delivered to him. (1) (a) A
Pawner alleging that the pawn ticket has been lost, mislaid, destroyed or
stolen or fraudulently obtained from him, may apply to the pawn Broker for the
prescribed declaration form which the Pawn Broker shall deliver to him. (b)?? ?If
the Pawner delivers back to the Pawn Broker the declaration duly made before
any Magistrate or Notary by the pawner and by a person identifying him, the
pawner shall have, as between himself and the Pawn Broker, all the same rights
and remedies as if he had produced the pawn ticket: Provided that such a
declaration shall not be effectual for that purpose, unless the declaration is
duly made and delivered back to the Pawn Broker within such period after the
delivery of the form to the applicant, as may be prescribed. (2) A pawner
making a declaration under Sub-section (1), knowing the same to be false in any
material particular, shall be punished with imprisonment for a term which may
extend to one year or with fine which may extent to rupees five thousand or
with both. (3)
A person falsely identifying the pawner under Subsection (1)
knowing that he is not the real pawner making such declaration shall be punished
with imprisonment for a term which may extend to one year or with fine which
may extent to rupees five thousand or with both. (1)
Every Pawn Broker 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 debtor separately,-- (i)
the name and address of the pawner; (ii)
a full and detailed description the article or each of the
articles taken in pawn; (iii)
the date of the loan, the amount of the principal of the loan and
the rate of interest charged on the loan (iv)
the time agreed upon For the redemption of the pawn; and (v)
the amount of every payment received by the Pawn broker in respect
of the loan, and the date of such payment; (b)
keep and use in his business, the following documents and books as
may be prescribed and. enter therein from time to time, as occasion requires,
in a fair and legible manner such particulars and in accordance with such
directions as may be prescribed,- (i)
'Pawn-ticket; (ii)
sale book of pledge; (iii)
declaration of pawn-ticket lost; and (iv)
receipt on redemption of pledge; (c)
give to the pawner or his agent a receipt for every sum paid by
him, duly signed and, if necessary, stamped at the time of such payment; and (d)
on a requisition in writing made by the pawner, furnish to him or
to any person mentioned by him, a statement of account signed by himself or his
agent, showing the particular referred to in clause (a) and also the amount
which remains outstanding on account of the principal and of interest, and may
charge such sum as the State Government may prescribed as fee therefor. (2)
All records or entries made in the books, accounts and documents
referred to in sub-section (1) shall be either in English or in such language
of the locality as may be prescribed; and all such books, accounts and
documents and all pledges taken by the Pawn Broker shall be open to inspection
by the Licensing Authority or an Inspector appointed under Section 16 or any
Police Officer not below the rank of Sub-Inspector or by any Revenue Officer
not below the rank of a Mandal Revenue Officer. (3)
Notwithstanding anything contained in the Indian Evidence Act,
1872(Central Act 1 of 1872), a copy of the account referred to in clause (a) of
sub-section (1), certified in such manner as fifty be prescribed, shall be
admissible in evidence in the same manner and to the same extent as the
original account; (4)
A pawner to whom a statement of account has been furnished under
clause (d) of sub-section (1) and who fails to object to the correctness of the
account shall not, by such failure alone, be deemed to have admitted the
correctness of such account. (5)
in the pawn-ticket furnished to the pawner under section 8, in the
receipt given under clause (c) of sub-section (1) and in the statement of
account furnished. under clause (d) of that sub-section the figures shall be
entered only in Arabic, numerals. (6)
If any Pawn Broker fails to give to the pawner or his agent a
receipt under clause (c) or a statement under clause (d) of sub-section (1) he
shall be liable to a fine not exceeding rupees live thousand. Every pledge shall be
redeemable within two years from the day of pawning, exclusive of that day. Explanation:- where the
contract between the parties provides a longer period for redemption than two
years, the provisions of this section shall be read and construed as if the
references to such longer period had been substituted for the references to the
period of two years therein. (1)
A pledge may be disposed of by the Pawn Broker by public auction
and not otherwise, and the sale shall be conducted in such manner as may be
prescribed. (2)
A Pawn Broker shall not bid for and purchase at a sale by public
auction conducted under sub-section (I), a pledge pawned with him. (3)
Where in a public auction, the pledge has been sold for more than
the amount of the loan and interest thereon and charges due at the time of
sale, the Pawn Broker shall pay to the Pawner or his agent, the surplus amount
within one month from the date of sale after deducting there from the necessary
costs and charges of the sale and the Pawner or his agent may inspect the entry
relating to the sale either in the Pawn Broker's book or in such catalogue of
the auction, as may be prescribed, at any time within one month from such
payment. (4)
where the surplus amount is not paid to the pawner within one
month of the sale under sub-section (3), the same shall be deposited with the
licensing authority, within seven days thereafter. (1) where a
pledge is destroyed or damaged by or in consequence of fire, the Pawn Broker
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 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 principal. (2) A Pawn
Broker shall be entitled to insure to the extent of valued so estimated. It a person entitled to
redeem a pledge shows to the satisfaction of a Civil Court having jurisdiction
to enteratain a suit for such redemption that the pledge has become or has been
rendered of less value than it was at the time of pawning thereof by or through
the default, neglect or wilful misbehaviour of the Pawn Broker, 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 Pawn Broker, or shall be paid by the Pawn Broker (as the case
requires) in such manner as the Court directs. (1)
The Government or any authority or officer empowered by them in
this behalf may, by notification, appoint one more persons possessing such
qualifications as may be prescribed to be the inspector's for the purpose of
this Act and specify in such notification the local limits of their
jurisdiction. (2)
Every Inspector shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code(Central Act 45 of 1860), 1860. (1)
Any Licensing Authority or appellate authority, may, for the
purposes of this Act, by notice require any Pawn Broker,-- (a)
to produce or cause to be produce before him any accounts,
registers, records or other documents; or (b)
to furnish or cause to be furnished any other information relating
to his business within such time as may be specified in such notice and such
Pawn Broker shall comply with such requisition. (2)
Any Inspector or Licensing Authority may, at any reasonable time,
with or without the assistance of police officers or other Officers enter any
place of business or office of the Pawn Broker and inspect any cash, accounts,
registers, records, safes, vaults or other documents in such premises. (3)
If any officer referred to in this section, has reason to believe,
that the Pawn Broker has violated any of the provisions of this Act or the
rules made thereunder, he may, for reasons to be recorded in writing, enter and
search the place of business of the Pawn Broker or any other place which
includes any godown, building, vessels, vehicle, box or receptacle, where the
Pawn Broker keeps or is reasonably believed to be keeping any accounts,
registers, other records, documents or pledges relating to his business; Provided that no
residential building or premises shall be entered or searched unless such
officer is specifically authorised in writing by an Officer not below the rank
of Mandal Revenue Officer. (4)
All searches under this section shall, so far as may be, made in
accordance with the provisions of the Code of Criminal Procedure, 1973(Central
Act 2 of 1974.). (5)
The Officer making the inspection or search may seize such
accounts, registers, records or other documents as he considers necessary and
on such seizure shall grant the Pawn Broker a receipt of the things so seized. (6)
The accounts, registers, records or other documents seized under
sub-section (5) shall not be retained by the Officer seizing them, beyond a
period of thirty days from the date of the seizure except with the permission
of the next
higher authority, unless they are required for any prosecution under this Act. (7)
The power conferred by sub-sections (3) and (5) shall include,-- (a)
the power to break open any box or receptacle, safe, vault or door
of any premises in which any accounts, registers, records, or pledges of the
Pawn Broker are kept or reasonably
suspected to be kept: Provided that the power to
break open the door shall be exercised only after the owner or any other person
in occupation of the premises fails or refuses to open the same on being called
upon to do so. (b)
the power to seal any box, receptacle, room or building where any
accounts, registers or other, documents are kept or reasonably believed to be
kept and if the owner or any other person in occupation leaves the premises or
refuses to open the box, receptcle, room or building or is not available, then
to break open such box, receptable, room or building on authorisation in
writing by the officer referred to in subsection (3) of this section: (c)
the power to search any person who has got out of or is about to
get into or is in any place referred to in subsection (2) of this section, if
the officer has reason to suspect that such person has secreted about his
person, any accounts, registers, records or other documents. (1)
The licensing authority or the appellate authority shall for the
purposes of this Act, have all the powers conferred on a Civil Court by the
Code of Civil procedure, 1908, in respect of the following matters, namely:- (a)
summoning and enforcing the attendance of any person and examining
him on oath or affirmation (Central Act 5 of 1908); (b)
compelling the production of any documents; (c)
impounding of any documents, accounts or other records produced
for reasons to be recorded in writing; and (d)
any other matter as may be prescribed; (2)
The Officer who impounds The documents, accounts or registers of
the Pawn Broker shall grant a receipt of the things so impounded to the person
concerned. Any Officer authorised to
inspect or search under section 17 may seek the assistance of the officer
incharge of the Police Station having jurisdiction over the area to be
inspected or searched and thereupon, such officer of the police station shall
render all assistance necessary to the officer for the conduct of such
inspection or search. (1)
The licensing Authority 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; (b)
if, it is brought to the notice of the authority after the grant
of the licence, that for any reason the licensing authority could have refused
to grant the licence to the Pawn Broker under sub-section (3) of section 4; or (c)
if the licensee is convicted for an offence under section 11 or
section 24; 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 the proposed action within
such time as may be specified in the notice. (3)
Every order of the Licensing Authority under this section shall be
communicated to the licensee in such manner as may be prescribed. Every order of cancellation
of a licence under this Act, shall be notified in the district gazette and also
affixed on the notice board of the office of the licensing authority. A person whose licence is
cancelled under section 20 shall not be entitled to the refund of any fee paid
in respect of such licence or for any compensation for such cancellation. (1)
Any person, aggrieved by an order of the Licensing Authority under
sub-section (3) of section 4 or sub-section (1) of section 20, may within
thirty days from the date of communication of such order, appeal in such manner
as may be prescribed to the appellate authority having jurisdiction over the
area. (2)
The appellate authority may admit an appeal preferred after the
period of thirty days aforesaid, if it is satisfied that the appellant had
sufficient cause for not preferring an appeal within the said period. (3)
The appellate authority may, after giving the appellant an
opportunity of being heard, pass such orders on the appeal as it may deem fit. (4)
Every order passed by the appellate authority shall be
communicated to the appellant and to the Licensing Authority in such manner as
may be prescribed. (1)
Any Pawn Broker, who actually advances an amount less than that
shown in 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 or allowed under this Act, shall be punished
with imprisonment for a term which shall not be less than one year but which
may extend to three years and with fine which may extend to rupees fifty
thousand. (2)
If a Pawn Broker is convicted of offence under subsection (1)
after having been previously convicted of such offence, the Court convicting
him may order his licence as a Pawn Broker to be cancelled. A Pawn Broker who,- (1)
takes an article in pawn from any person appearing to be under the
age of eighteen years, or to be intoxicated or of unsound mind shall be
punished with imprisonment for a term which may extend to one year or fine
which may extend to five thousand rupees or with both. (2)
(a) purchases or takes in pawn or exchanges a pawn ticket issued
by another pawn broker; or (b) ??employs any person under the age of eighteen
years to take pledges in pawn; or (c) ???under any pretence purchases any pledge
while in pawn With him; or (d) ??suffers any pledge while in pawn with him to
be redeemed with a view to his purchasing it; or (e) ???makes any contract or agreement with any
person pawning or offering to pawn any article, for the purchase, sale, or
disposition thereof within the time of redemption; or (f) ???sells or otherwise disposes of any pledge
pawned with him except at such time and in such manner as is authorised by or
under this Act, shall be punished with imprisonment for a term which shall not
be less than one year but which may extend to three years and with fine which
may extend to rupees fifty thousand. Any person who,-- (a)
offers to a Pawn Broker an articles 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)
willfully gives false information to a Pawn Broker as to whether
an article offered by him in pawn to the Pawn Broker in 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
bylaw to redeem, a pledge, attempts or endeavours to redeem the same, shall be
punished with imprisonment for a term which shall not be less than one year but
which may extend to three years and with fine which may extend to rupees fifty
thousand. (1)
In every case falling under section 26, and also in any case
where, on an article being offered in pawn, for sale, or otherwise, to a Pawn
Broker, he reasonably suspects that it has been stolen or otherwise illegally
or clandestinely obtained, the Pawn Broker 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. (2)
A list of properties believed to have been stolen may be delivered
by the police to any Pawn Broker licensed under this Act and thereupon it shall
be the duty of such Pawn Broker,-- (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 (1); and (b)
if any such article is already in his possession, forthwith to
communicate to the nearest police station the fact of the case (including full particulars
as to the name and address of the person concerned in the delivery of the
article to the Pawn Broker) and also, if so required by the police, to deliver
the article to them. (1)
whoever contravens any of the provisions or this Act or of any
rule made or of any term and conditions of a licence granted thereunder shall,
if no other penalty is elsewhere provided in this Act for such contravention,
be punished with imprisonment for a term which shall not be less than one year
but which may extend to three years and with fine which may extend to rupees
fifty thousand. (2)
Any Court convicting a Pawn Broker of a contravention of the
provisions of clause (c) or clause (d) of sub-section (1) of section 11, may
direct him to furnish a receipt or statement of account in accordance with the
provisions of that clause, and if the Pawn Broker fails to comply with the
direction, the Court may order his licence as a Pawn Broker to be cancelled. Whoever carries on the
business of Pawn Broking without a licence or in violation of the conditions of
the licence or otherwise than in confirmity with the term and conditions of the
licence shall be punished with imprisonment for a term which shall not be less
than one year but which may extend to three years and with fine which may
extend to rupees fifty thousand. Where any agent or employee
of the Pawn Broker contravenes any of the provisions of this Act or of any rule
made thereunder or of the term and conditions of a licence granted or deemed to
be granted whether with or without the knowledge of the Pawn Broker, the Pawn
Broker shall without prejudice to the liability of the agent or the employee,
be liable for the penalty provided under this Act, as if the Pawn Broker
himself has committed such contravention. (1)
Where a licencee under this Act, dies, any person claiming to be
his legal representative may apply to the Licensing Authority for transferring
in his name, the licence standing in the name of the deceased. (2)
Every such application shall be in such form and shall contain
such particulars as may be prescribed. (3)
The Licensing Authority may, if he is satisfied that the applicant
is in fact the legal representative of the deceased and that he is otherwise
eligible for a licence under this Act, transfer the licence in the name of the
applicant after obtaining from the applicant a declaration in the prescribed
form. (4)
Any licence transferred under sub-section (3) shall be deemed to
have been granted to the applicant himself and shall be valid for the period
for which it would have been valid if the licence had not been transferred and
the provisions of this Act shall apply accordingly. Where a Pawn Broker is
guilty of an offence other than an offence of carrying in business of Pawn
Broking without a licence punishable under this Act, any contract made by him,
in relation to his business of Pawn Broking, shall not be void by reason only
of that offence, nor shall he by reason only of that offence, loose his lien on
or right to the pledge or to the loan and the interest and other charges, if
any, payable in respect thereof: Provided that if a Pawn
Broker fails to deliver to the Pawner a pawn-ticket as required by section 8 or
fails to give to the pawner or his agent a receipt as required by clause (c) of
sub-section (1) of section 11 or to furnish on a requisition made under clause
(d) of that stub-section, a statement of account as required therein within one
month after such requisition has been made, the Pawn Broker shall not be
entitled to any interest for the period of his default; Provided further that it in
any suit or proceeding relating to a loan, the Court finds that Pawn Broker has
not maintained accounts as required be clause (a) or clause (b) of sub-section
(1) of section 11, he shall not be allowed his costs. (1) The
Government may either suo-motu or on application, call for and examine the
record of any order passed by an Inspector, Licensing Authority or Appellate Authority to satisfy
themselves as to the legality, regularity or correctness of such order and in
any case it appears to them, that such order should be modified, annulled or
reversed or remitted for reconsideration, they may pass orders accordingly: Provided that no order
under this section adversly affecting a person shall be passed unless that
person has had an opportunity of being heard. (2)
No licencee shall make an application under subsection (1) unless
he has paid the penalty against which such revision is sought. (3)
No Licensee shall make an application under subsection (1) unless
he has exhausted the appellate remedy available under this Act. (4)
No application seeking a revision of an appellate order under this
section shall be made after expiry of a period of ninety days from the date of
such order. (5)
No order of suo-motu revision shall be made by the Government
under this section after the expiry of three years from the date of the order
which is sought to be revised. (1)
No suit, prosecution or other proceedings shall lie against any
officer or employee of the Government or any act done or purporting to be done
under the is Act, without the previous sanction of the Government. (2)
No suit, prosecution or other legal proceedings shall be
instituted against any person for anything which is, in good faith, done or
intended to be done under this Act or the rules made thereunder. (1)
The Government may, by notification, make rules for carrying out
the purpose of this Act. (2)
In particular and without prejudice to the generality of the
foregoing power, such rules may provide for,-- (a)
the authority to whom an appeal shall lie against an order of the
licensing authority; (b)
the form and the particulars to be contained in an application for
a licence under this Act; (c)
the terms and conditions subject to which a licence may be
granted; (d)
the form in which books, accounts and other documents specified in
this Act shall be recorded, maintained, kept or used; (e)
the procedure which should be followed and the powers which may be
exercise by the authorities exercising functions, holding inquiries and hearing
appeals under this Act; (f)
the charges and expenses which the Pawn Broker may demand from the
pawner; (g)
any other matter which is required to be or may be prescribed. (3)
Every rule made under this Act, shall immediately after it is
made, be laid before the Legislative Assembly of the State, if it is in session
and if it is not in session, in the session immediately following for a total
period of fourteen days, which may be comprised in one session or in two
successive sessions, and if, before the expiration of the session in which it is
so laid or the session immediately following the Legislative Assembly agrees in
making any modification in the rule or in the annulment of the rule, the rule
shall, from the date on which the modification or annulment is notified, have
effect only in such modified form or shall stand annulled, 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. The provisions of this Act,
shall be in addition to and not, save as otherwise expressly provided in this
Act, in derogation of any other law for the time being in force, in the State,
relating to the relief of indebtedness including indebtedness amongst
agriculturists, members of weaker sections and members of Scheduled Castes and
Scheduled Tribes. The following enactments
are hereby repealed, namely,- (i)
The Andhra Pradesh (Andhra Area) Pawan Brokers Act, 1943(Act XXIII
of 1943); (ii)
The provisions relating to Pawn Broking contained in the Andhra
Pradesh (Telangana Area) money Lenders Act, 1349, F(Act 5 of 1349F): Provided that section 8 of
the Andhra Pradesh General Clauses Act, 1891 (Act 1 of 1891) shall be
applicable in respect of the repeal of the said enactments and sections 8 and
18 of the said Act shall be applicable as if the said enactments had been
repealed and reenacted by an Andhra Pradesh Act.
Preamble 1 - THE ANDHRA PRADESH PAWN BROKERS ACT, 2002PREAMBLE