KARNATAKA PAWN BROKERS (AMENDMENT) RULES,
2005
PREAMBLE
Whereas,
the draft of the following rules further to amend the Karnataka Pawn Brokers
Rules, 1966 was published in Notification No. CMW 06 CLM 2004, dated 7-12-2004,
in Part IV-A of the Karnataka Gazette, Extraordinary, dated 7th December, 2004
as required by sub-section (1) of Section 22 of the Karnataka Pawn Brokers Act,
1961 (Karnataka Act 13 of 1962), inviting objections and suggestions from all
persons likely to be affected thereby within 30 days from the date of its
publication in the Official Gazette.
And
whereas, the said Gazette was made available to the public on 7th December,
2004.
And
whereas, the objections and suggestions have been received in respect of the
said draft by the Government.
Now,
therefore, in exercise of the powers conferred by sub-section (1) of Section 22
of the Karnataka Pawn Brokers Act, 1961 (Karnataka Act 13 of 1962), the
Government of Karnataka hereby makes the following rules, namely.--
Rule - 1. Title and commencement.
(1)
These rules may be called the
Karnataka Pawn Brokers (Amendment) Rules, 2005.
(2)
They shall come into force at once.
Rule - 2. Amendment of Rule 3.
In
Rule 3 of the Karnataka Pawn Brokers Rules, 1966 (hereinafter referred to as
the 'said Rules'), in sub-rule (2).--
(i)
after the words "at any
time", the words, letter and figure "in Form Al" shall be
inserted;
(ii)
after the words "shall be
made", the words, letter and figure "in Form A2" shall be
inserted.
Rule - 3. Amendment of Rule 13.
In
Rule 13 of the said Rules, in sub-rule
(i)
in clause (a), for the words "six
paise", the words "two rupees" shall be substituted)
(ii)
in clause (b), for the table, the
following shall be substituted, namely.--
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"1.
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If the amount of loan does not exceed Rs. 1000
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2-00
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2.
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If the amount of loan exceeds Rs. 1000 but does not exceeds Rs. 5000
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5-00
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3.
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If the amount of loan exceeds Rs. 5000 but does not exceeds Rs. 10000
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10-00
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4.
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If the amount of loan exceeds Rs. 10000 but does not exceeds Rs. 25000
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25-00
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5.
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If the amount of loan exceeds Rs. 25000 and above
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50-00"
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Rule - 4. Amendment of Rule 20.
In
Rule 20 of the said rules, after sub-rule (6), the following shall be inserted,
namely.--
"(7) Pawn
tickets produced after three years by the pawner shall not be
entertained".
Rule - 5. Amendment of Forms.
In
the said rules.--
(i)
for "Form A", the following
Forms shall be substituted, namely.--
"FORM A1
[See Rule 3]
Application for the grant of a licence to Pawn Broker in
the Office of the
Assistant Registrar of ...............
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P.O. ??
Taluk ??
District.............
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1.
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Name of the applicant with father's or husband's name, surname,
residence and address in full. Name of the manager and the adult coparceners
of the undivided Hindu family, with father's name, surname, residence and
address in full.
Name of the Director, Manager or Principal Officer managing the Bank or
company with the father's or husband's name, surname, residence and address
in full.
Names of all the persons forming an unincorporated body, with father's
or husband's name, surnames, residence and address in full.
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2.
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Name in which the applicant carries on or intends to carry on his Pawn
broking business.
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3.
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Name of the area within which the applicant has his business of Pawn
broking on the dates of the application.
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4.
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Names of persons responsible or proposed to be responsible for the
management of the applicants pawn broking business with their father's or
husband's name, surname, residence and address in full.
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5.
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Location of the applicant/s place or principal place of business, with
full particulars thereof and the name, father's or husband's name, surname
and address of the person in charge.
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6.
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Whether the person signing the application or any of the adult
coparcener of an undivided Hindu Family or any Director, Manager or Principal
Officer of the Bank or Company or any member of the unincorporated body on
behalf of which the application is' made, as the case may be carried on the
business of Pawn Broking in the province in the year ending on the 31st day
March immediately proceeding the date of the application either individually,
or in partnership of jointly with any other coparcener or any other person
and whether in the same or any other name.
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7.
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Is the applicant or any other person on behalf of whom the application
has been made carrying on or intends to carry on the business of Pawn broking
in any other place in the province? If so, give complete particulars with the
name, father's or husband's name, surname and address of the location of each
such office and the area within the business of Pawn broking is being carried
on or is proposed to be carried on at each such place.
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8.
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What is the extent of the total business of the applicant on 31st
March?
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9.
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What is the total amount of the capital which the applicant intends to
invest in the business of Pawn broking in the year for which the application
has been made?
(A) What is the year for which the applicant's accounts are maintained?
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10.
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Has the applicant carried on the business of Pawn broking in the past
and if so since when?
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11.
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Has any application or licence previously been made? If so, when where
and with what results?
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12.
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In case the applicant has previously been granted, give full
particulars of the licence.
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13.
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Has any licence granted previously to the applicant been cancelled or
suspended or does it contain any endorsements of the Court or any
disqualifications imposed by the Court? If so, full particulars should be
given including the name of the Officer and/or Court and the date and terms
of the order.
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14.
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Is Pawn broking the sole business of the applicant or is he engaged in
any other business, profession or calling?
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15.
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(i) Whether the applicant is a full time servant in the employment of
Government or of a local authority; if so, state the designation of the post
held; and
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(ii) Whether by rules applicable to him in that capacity he is entitled
to start or carry on the business of Pawn broking?
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Whether the applicant has paid the prescribed fee (Challan should be
enclosed)
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Certified that all the facts set out in the application, are true to my
knowledge except................paragraphs, which are true to my belief being
based en information supplied by...........
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Signature
of the applicant with date"
"FORM A2
[See Rule 3]
Application for renewal of a licence to Fawn Broker in the
Office of the Assistant Registrar of --------------
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P.O. ............
Taluk ..............
District.......
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1.
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Name and address of the Pawn Broker/Firm in full
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2.
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Name of the Manager/Proprietor/Managing Director who is responsible to
maintain accounts etc.
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3.
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Previous Licence Number and date
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4.
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Year upto which the licence is renewed
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5.
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The total turnover/business for the previous year ended
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6.
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Whether the security deposit has been remitted to the Government in
accordance with the slab prescribed? If so, please specify the Challan No.
and date
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7.
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Whether the address of the Pawn Broker, or firm is changed or not? If
changed whether the permission of the Competent Authority is obtained or not?
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8.
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Whether the applicant is carrying on the business of Pawn Broking in
more than, one place? If yes, give particulars of branches with addresses,
permission, licence etc.
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9.
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Name of the area within which the applicant has his business of Pawn
Broking on the date of application
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10.
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What is the year for which the applicant's accounts are maintained?
(Furnish audited balance-sheet/returns, as the case may be)
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11.
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Whether the auctions have been conducted as per Rules? If so give
particulars of auctions conducted
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12.
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Details of fees remitted to the Government
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13.
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Details of remittance of Professional Tax and Income-tax?
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Certified that the particulars furnished above are true to the best of
my knowledge and belief
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Place:...........
Date:............
Signature
of the applicant with seal"