[3][Tamil Nadu Act 23 of 1943][4] [23rd November, 1943] As Amended by Madras Act No. XXVI of 1945[5] An Act to regulate and control the business
of Pawnbrokers in the [6][State
of Tamil Nadu]. Whereas it is expedient to make provision for
the regulation and control of the business of pawnbrokers in the [7][State
of Tamil Nadu]; [8][It
is hereby enacted as follows:—] (1)
This Act may
be called the [9][Tamil
Nadu] Short title, Pawnbrokers Act, 1943. (2)
It extends
to the whole of the [10][State
of Tamil Nadu]. (3)
This section
shall come into force at once[11],
and the [12][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 [13][State
of Tamil Nadu] from such date as may be specified in the notification, and may
cancel or modify any such notification. 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 [14][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, [15][];
or (b)
incorporated
by an Act of Parliament [16][of
the United Kingdom] or by Royal Charter or Letters Patent or by any [17][Central
Act]; (3)
“co-operative
society” means a society registered or deemed to be registered under the Madras
Co-operative Societies Act, 1932 [18](Madras
Act VI of 1932); [19][(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 [20][banking
company as defined in [21](section
5(1)(c) of the Banking Companies Act, 1949 (Central Act X of 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. (1)
No person
shall, after the expiry of three months from the date on which the provisions
of this Act (other than section 1) come into force in any area, carry on or continue
to carry on business as a pawnbroker at any place in such area, unless he has
obtained a pawnbroker's licence under this Act. 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. [22][(1) Every application for a pawnbroker's
licence shall be in writing and shall be made to the licensing authority
prescribed trader 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: [23][Provided that the licence shall not be
refused under this sub-section unless the applicant has had a reasonable
opportunity of making his representations]. [24][(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 maybe 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 [25][one
hundred rupees] as the [26][State]
Government may from time to time, by notification in the Fort St. George
Gazette, determine. 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. [27][(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). 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. Section [28][8.
Conditions relating to redemption of pledge (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 declaration or bond
shall be necessary if such person produces an order of a civil court having
jurisdiction to entertain a suit for the redemption of the pledge, authorizing
him to redeem the pledge as the legal representative of the deceased 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 courts 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 presciibed form by registered post to the pawner to the
address left 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 pawnticket has been lost or destroyed and claims
redemption of the pledge, the pawnbroker shall, after obtaining from the
pawnert 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-tickct 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 revive 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]. Section 9. [Omitted]— [29][* * *] (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 on the 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 the
article or of each of the articles taken in pawn; (iv)
the time
agreed upon for the redemption of the pawn; [30][] (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 articles pawned, the name and address of the owner
thereof; [31][and] [32][(vi) such other particulars as may be prescribed;] (b)
keep and use
in his business the following documents and books (which shall be in the
prescribed form) and enter therein from time to time, as occasion requires, in
a fair and legible maimer such particulars and in accordance with 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
fawner 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
requisition in writing made by the pawner furnish to the pawner or, if he so
requires, to any person mentioned by him in that 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 outstanding on
account of the principal and of interest, and charge such sum as the [33][State]
Government may prescribe as fee therefor. [34][Provided that no such statement shall be
required to be furnished to a pawner if he is supplied by the pawnbroker with a
pass book in the prescribed form containing an up-to-date account of the
pawnbroker's transactions with the pawner]. [35][(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 pawnbroker shall be
open to inspection at any time by the Inspector having jurisdiction]. (3) Notwithstanding
anything contained in the Indian Evidence Act, 1872 (Central Act I of 1872), a
copy of the account referred to in clause (a) of sub-section (1), certified
1872, in such manner as may 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, 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. Section [36][[10-A.
Pawnbroker to keep pledge in his shop or place of business Every pawnbroker shall ordinarily keep every
pledge in the shop or place of business for which the licence has been granted.
If in any case, the pawnbroker keeps the pledge in any place other than such
shop or place of business, he shall, within a period of seven days from the
date on which the holder of a pawn-ticket intimates his desire to inspect the
pledge concerned, produce such pledge at the shop or place of business
aforesaid for such inspection. (1)
The State
Government or any authority or officer empowered by them may, by notification,
appoint one or more persons to be Inspectors for the purposes of this Act and
specify in such notification the local limits of their jurisdiction. (2)
Every
Inspector shall be deemed to be a of 1860 (Central Act XLV of 1860), public
servant within the meaning of section 21 of the Indian Penal Code. (3)
(a) A
Magistrate of the first-class[37] in
the mufassal or a President Magistrate[38] 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 pawnbroker 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 in 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 charge of the place, a receipt
describing the books, accounts, records, files and documents so removed by him: Provided further that within twenty-four
hours of the removal of the books, accounts records, files and documents from
the premises, the Inspector or the police officer 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 Magistrate 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, after 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 authority 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 document 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]. Section [39][11.
Redemption of pledge (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 redeemable until it is disposed of as provided in
this Act, although the period of redemption and days of grace have expired. Explanation Where the contract between the
parties provides a longer period for redemption than one year, the provisions
fit this section shall be read and construed as if references to such longer
period had been substituted for the references to the period of one year
therein. (1)
A pledge
pawned shall not be disposed of sale by the pawnbroker otherwise than by sale
at a public and auction, conducted in accordance with such rules as may be
prescribed. (2)
Where the
highest bid at the sale by auction is the bid of the pawnbroker, the 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 of the pawn-ticket may
inspect the entry relating to the sale either in the pawnbroker's book or in
such catalogue of the auction as may be prescribed. (4)
(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 the sale, the pawnbroker shall pay to the
holder of the pawn-ticket on demand made within three years after the sale, the
surplus after deducting therefrom the necessary costs and prescribed charges of
the sale. (b) If on such demand it appears that the
sale of the pledge has resulted in a surplus but that within twelve months
before such sale, the sale of any other pledge or pledges of the same person
has resulted in a deficit, the pawnbroker may set of the deficit against the
surplus and shall be liable to pay only the balance, if any, after such set
off]. Section [40][12-A.
Interest not to accrue in respect of certain loans and pledges not to be
disposed of during the period of operation of the Tamil Nadu Indebted Persons
(Temporary Relief) Act, 1975 (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)
[41][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 implication 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. 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 pawning thereof by or through
the default, neglect of 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. Section [42]14-A. Power to cancel licenccs, etc (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. (3)
Any person
aggrieved by an order of the licensing authority cancelling a licence under
sub-section (1), 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. Section [43]14-B. Publication of order of cancellation 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. Section [44]14-C. No compensation for cancellation of licence 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. Section [45]14-D. Auctioneers to maintain certain registers (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. Section [46][16.
Certain other acts of pawnbrokers to be punishable 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 dis-position hereof within
the time of redemption; or (7)
??? or
otherwise disposes of any pledge pawned with him except at such time and in
such manner ??? is authorised by or under this Act, shall be punished with
imprisonment for a term which may extern to six months or with fine which may
extend ??? thousand rupees or with both]. (1)
Any person
who— (a)
offers to a
pawnbroker an article by way of pawn, ??? unable or refusing to give a
satisfactory account of the means by which he became possessed if the article;
or (b)
wilfully
gives false information to a pawnbroker as ??? 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); and (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 so 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 to 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 ??? 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 effected. (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 ??? if the pawnbroker fails to comply with the ???, the Court may order
his licence as a pawnbroken be cancelled. No Presidency Magistrate[47] ???
a salaried Presidency Magistrate[48] and
no other Court inferior to that of a Magistrate of the second class[49] shall
try any offence against this Act. Section 20. [Omitted]— [50][*
* *] [51][Where a pawnbroker is guilty of an offence
under this Act or where his licence is cancelled under any of the provisions of
this Act], any contract of pawn or other contract made by him, in relation to
his business of pawnbroker, shall nevertheless not be void by reason only of
that offence [52][or
cancellation], nor shall he by reason only of that offence [53][or
cancellation], lose his lien on or right to the pledge or to the loan and the
interest and other charges, if any, payable in respect thereof [54][nor
shall that offence or cancellation affect any obligation or liability incurred
by the pawnbroker before that offence or cancellation]: Provided that if a pawnbroker fails to deliver
to the pawner a pawn-ticket as required by section 7 or fails to give to the
pawner or his agent a receipt as required by clause (c) of sub-section (1) of
section 10 or to furnish on a requisition made under clause (d) of that
sub-section, a statement of account as required therein within one month after
such requisition has been made, the pawnbroker shall not be entitled to any
interest for the period of his default: Provided further that if in any suit or
proceeding relating to a loan, the Court finds that a pawnbroker has not
maintained accounts as required by clause (a) or clause (b) of sub-section (1)
of section 10, he shall not be allowed his costs. Section [55][21-A.
Power to exempt companies registered before 1st November, 1944 The [56][State]
Government may, by general or special order, exempt any company incorporated
under the Indian Companies Act, 1913[57] (Central
Act VII of 1913), before the 1st day of November, 1944, ??? any of provisions
of this Act or direct ??? such provisions shall apply to such company with such
modifications as may be specified in the ???]. (1)
The [58][State]
Government may, [59][*
* *], 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
express or allowed by this Act to be prescribed; (b)
the form of,
and the particulars to be contained in, an application for a pawnbrokers
licence under this Act; and (c)
the form in
which ??? accounts and documents specified in this Act shall be recorded,
maintained, Kept or used. [60][(3) All rules made ??? Act shall be
published in the Fort St. ??? Gazette and, unless they are expressed
to come ??? on a particular day, shall come into force on ??? day which they
are so published. (4) Every
rule made ??? this Act shall as soon as possible after it make be placed on the
table of both Houses of the ??? and if before the expiry of the session, in ???
placed or the next session, both House ??? making any modification in any such
rule both House agree that the rule should not be ??? the rule shall thereafter
have effect only in such ??? 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)
[62][] (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 [63][Tamil
Nadu] Debtors' Protection Act, 1934 ([64][Tamil
Nadu] Act VII of 1935), 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 (5), 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 came 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 (a) and omitted from the end of
clause (b); (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 I, section 28 of the Madras City
Police Act, 1888 ([65][Tamil
Nadu] Act III of 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 ([66][Tamil
Nadu] Act III of 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 [67][Tamil
Nadu] Debtors' Protection Act, 1934 ([Tamil Nadu] Act VII of 1935), as they
stood before such application shall continue to apply to any such loan. [1] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [2] Received the assent of
the Governor-General on the 6th November, 1943; first published in the Fort St.
George Gazette on the 23rd November, 1943 [3] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [4] For Statement of Objects
and Reasons, see Fort St. George Gazette, dated the 13th August, 1940,
Part IV-A, pages 65-66. This Act was extended to the merged
State of Pudukkottai by section of, and the First Schedule to, the Tamil Nadu
Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). This Act was extended to
the Kanyakumari district and the Shencottah taluk of the Tirunelveli district
by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred
Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960), which came
into force on the 1st April, 1961, repealing the corresponding law in force in
that territory. [5] This Act has now been
repealed by Tamil Nadu Act VII of 1948. [6] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was deemed to have come into force on the
14th January, 1969. [7] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was deemed to have come into force on the
14th January, 1969. [8] These words were
substituted for the, paragraph containing the enacting formula and the
paragraph preceding that paragraph by section 5 of the Tamil Nadu Re-enacting
and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948). [9] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [10] This expression was
substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [11] Section 1 came into
force on the 23rd November, 1943 and the remaining sections applied to certain
portions of the State by notifications issued from time to time. [12] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [13] This expression was
substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [14] These words were
substituted by section 4 of, and the Third Schedule to, the Tamil Nadu
Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957) for the words “in
any State or”, which were inserted by the Adaptation (Amendment) Order of 1950. [15] The word, “or in British
India, or in any State in India” were omitted by the Adaptation (Amendment)
Order of 1950. [16] These words were
inserted by ibid. [17] These words were
substituted for the words “Act of the Indian Legislature” by ibid. [18] Now the Tamil Nadu
Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961). [19] This clause was inserted
by section 2(i) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu
Act 31 of 1961). [20] These words were
substituted for the word “company” by section 2 of the Madras Pawnbrokers
(Amendment) Act, 1945 (Madras Act XXVI of 1945). (Section 1 of this Act came
into force on the 1st January, 1946 and section 2 on the expiry of 3 months
from the 1st January, 1946. The Act was repealed by Tamil Nadu Act VII of
1948.). [21] These words, figures,
brackets and letter were substituted for the words, figures and letter “section
277-F of the Indian Companies Act, 1913” by section 2(ii) of the Tamil Nadu
Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [22] This sub-section was
substituted for the original sub-section (1) by section 3(a) of the Tamil Nadu
Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [23] This proviso was added
by section 3(b) ibid. [24] These sub-sections were
substituted for the original sub-section (3) by section 3(c), ibid. [25] These words were substituted
for the words “twenty-five rupees” by section 2 of the Tamil Nadu Pawnbrokers
(Amendment) Act, 1972 Tamil Nadu Act 14 of 1972). [26] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [27] This sub-section was
substituted for the original sub-section (1) by section 4 of the Tamil Nadu
Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [28] This section was
substituted for the original section 8 by section 5 of the Tamil Nadu
Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [29] This section was omitted
by section 6 of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu
Act 31 of 1961). [30] The word “and” was
omitted by section 7(1)(a)(i), ibid. [31] This word was added by
section 7(1)(a)(ii), ibid. [32] This sub-clause was
added by section 7(1)(a)(iii), ibid. [33] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [34] This proviso was added
by section 7(1)(b) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil
Nadu Act 31 of 1961). [35] This subjection was
substituted for the original sub-section (2) by section 7(2), ibid. [36] These sections were
inserted by section 8 of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961
(Tamil Nadu Act 31 of 1961). [37] According to clauses (a)
and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) any reference to a Magistrate of the first class and to
a Presidency Magistrate shall be construed as a reference to a Judicial
Magistrate of the first-class and to a Metropolitan Magistrate respectively. [38] According to clauses (a)
and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) any reference to a Magistrate of the first class and to
a Presidency Magistrate shall be construed as a reference to a Judicial
Magistrate of the first-class and to a Metropolitan Magistrate respectively. [39] These sections were
substituted for the original sections 11 and 12 by section 9 of the Tamil Nadu
Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [40] This section was
inserted by section 11 of the Tamil Nadu Indebted Persons (Temporary Relief)
Act, 1975 (Tamil Nadu Act 48 of 1975), which was deemed to have been in force
on and from the 22nd July, 1975 up to and inclusive of the 15th January, 1976. [41] These words were
substituted for the words “where a pledge is destroyed or damaged by or in
consequence of fire” by section 10 of the Tamil Nadu Pawnbrokers (Amendment)
Act, 1961 (Tamil Nadu Act 31 of 1961). [42] Sections 14-A, 14-B,
14-C and 14-D were inserted by section 11 of the Tamil Nadu Pawnbrokers
(Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [43] Sections 14-A, 14-B,
14-C and 14-D were inserted by section 11 of the Tamil Nadu Pawnbrokers
(Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [44] Sections 14-A, 14-B,
14-C and 14-D were inserted by section 11 of the Tamil Nadu Pawnbrokers
(Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [45] Sections 14-A, 14-B,
14-C and 14-D were inserted by section 11 of the Tamil Nadu Pawnbrokers
(Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [46] This ??? was substituted
for the original section 16 by section 12 of ??? Tamil Nadu Pawnbrokers
(Amendment) Act, 1961 (Tamil Nadu Act 33 of 1961). [47] According to clauses (b)
and (c) of sub-section (3) of sections 3 of the Code of Criminal Procedure,
1973 (Cental Act 2 of 1974) any reference to a Magistrate of the second classic
of the third class and to a Presidency Magistrate shall be ??? as a reference
to a Judicial Magistrate of the second ??? and to a Metropolitan Magistrate
respectively. [48] According to clauses (b)
and (c) of sub-section (3) of sections 3 of the Code of Criminal Procedure,
1973 (Cental Act 2 of 1974) any reference to a Magistrate of the second classic
of the third class and to a Presidency Magistrate shall be ??? as a reference
to a Judicial Magistrate of the second ??? and to a Metropolitan Magistrate
respectively. [49] According to clauses (b)
and (c) of sub-section (3) of sections 3 of the Code of Criminal Procedure, 1973
(Cental Act 2 of 1974) any reference to a Magistrate of the second classic of
the third class and to a Presidency Magistrate shall be ??? as a reference to a
Judicial Magistrate of the second ??? and to a Metropolitan Magistrate
respectively. [50] This section was omitted
by section 13 of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu
Act 31 of 1961). [51] These words were
substituted for the words and brackets “Where a pawnbroker is guilty of an
offence against this Act (not being an offence against any provision of this
Act relating to licences)” by section 14(i) of the Tamil Nadu Pawnbrokers
(Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). [52] These words were
inserted by section 14(ii), ibid. [53] These words were
inserted by section 14(ii), ibid. [54] These words were added
by section 14(iii), ibid. [55] This section was
inserted by section 3 of, and the Schedule to, the Tamil Nadu Re-enacting and
Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948). [56] This word was
substituted for the word “Provincial” by Adaptation Order of 1950. [57] See now the
Companies Act, 1956 (Central Act I of 1956). [58] This word was
substituted for ??? “Provincial” by the Adaptation Order of 1950. [59] The words “after
previous ??? were omitted by section 15(1) of the Tamil Nadu ??? (Amendment)
Act, 1961 (Tamil Nadu Act 31 of 1961). [60] These sub-sections were
substituted Original sub-section (3) by section 15(2), ibid. [61] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. [62] This sub-section was
repealed by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing
and Amendment Act, 1957 (Tamil Nadu Act XXV of 1957). So far as this Act
applied to the added territories, this sub-section was repealed by section 12
of, and the Third Schedule to, the Tamil Nadu (Added Territories) Extension of
Laws Act, 1962 (Tamil Nadu Act 14 of 1962). [63] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. [64] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. [65] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [66] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [67] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.[[1][Tamil
Nadu] Pawnbrokers Act, 1943][2]
Section 5. Pawnbrokers to exhibit their names over shops,
etc
Section 15. Pawnbroker advancing smaller amount or
receiving higher interest then that specified in accounts to be punishable
Section 21. Contracts not to be void on account of
offences but interest and costs not to be allowed in certain cases
Section 23. Amendment of [61][Tamil
Nadu] Act VII of 1935
Section 24. Amendment of 57[Tamil Nadu] Act III of
1888