TAMIL NADU PAWNBROKERS AND DEBT RELIEF LAWS
(AMENDMENT) ACT, 1980 THE TAMIL NADU
PAWNBROKERS AND DEBT RELIEF LAWS (AMENDMENT) ACT, 1980 [Act No. 35 of 1980] [13th October, 1980] An Act further to
amend the Tamil Nadu Pawnbrokers Act and the Debt Relief Laws in force in the
State of Tamil Nadu. Be
it enacted by the Legislature of the State of Tamil Nadu in the Thirty-first
Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Pawnbrokers
and Debt Relief Laws (Amendment) Act, 1980. (2) Clauses (1) and (3) of section 3 shall be deemed to
have come into force on the 13th day of June 1980 and the rest of this Act
shall come into force at once. In
the Tamil Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act" XXIII of 1943), in
section 12-A, in sub-section (1), for clause (ii), the following clause shall
be substituted, namely :-- " (ii) (a) where any
debtor to whom the provisions of the Tamil Nadu Debt Relief Act, 1976
(President's Act 31 of 1976) are applicable, has pledged any article with any
pawnbroker, the pawnbroker shall not sell or otherwise dispose of, in any
manner whatsoever, any such pledged article during the period upto and
inclusive of the date of publication of the list of debtors under clause (a) of
sub-section (3-A) of section 5 of the said Act and, in the case of debtors
whose names are so published in the said list, the pawnbroker shall not sell or
otherwise dispose of, in any manner whatsoever, the articles pledged by such
debtors until final orders (including orders on appeal) are passed on the
applications made by them; (b) ???where
any debtor who is entitled to have the debt scaled down under section 8 of the
Tamil Nadu Debt Relief Act 1979 (Tamil Nadu Act 40 of 1979), has pledged any
article with any pawnbroker, the pawnbroker shall not sell or otherwise dispose
of, in any manner whatsoever, any such pledged article during the period upto
and inclusive of the expiry of the last day of the eighteenth month immediately
following the date of publication of the Tamil Nadu Pawnbrokers and Debt Relief
Laws (Amendment) Act, 1980, in the Tamil Nadu Government Gazette, and the
period of one week thereafter; (c) ???where
any debtor to whom, the provisions of the Tamil Nadu Debt Relief Act, 1980
(Tamil Nadu Act 13 of 1980) are applicable, has pledged any article with any
pawnbroker, the pawnbroker shall not sell or otherwise dispose of, in any
manner whatsoever, any such pledged article during the period upto and
inclusive of the date of publication of the list of debtors under clause (a) of
sub-section (3) of section 5 of the said Act and, in the case of debtors whose
names are so published in the said list, the pawnbroker shall not sell or
otherwise dispose of, in any manner whatsoever, the articles pledged by such
debtors until final orders (including orders on appeal) are passed on the applications
made by them.". In
the Tamil Nadu Debt Relief Act 1976 (President's Act 31 of 1976),-- (1) in section 5,-- (i) in sub-section (2-A), in clause (c),-- (a) for the words "six months", the words
" twelve months " shall be substituted; (b) in the proviso, for the words " seven months
", the words " thirteen; months " shall be substituted; (ii) in sub-section (3-A), in clause (a), for the words
"seven months", the words "thirteen months" shall be substituted; (2) after section 5, the following section shall be
inserted, namely:-- " 5-A. Ban on the sale of movable properties
pledged by debtors.-- Notwithstanding
anything contained in this Act or in any other law for the time being in force
relating to the sale or pledged articles, where any debtor has pledged any
movable property with the creditor, the creditor or the transferee of the
creditor shall not sell or otherwise dispose of, in any manner whatsoever, any
such movable property during the period upto and, inclusive of the date of
publication of the list of debtors under clause (a) of sub-section (3-A) of
section 5 and, in the case of debtors whose names are so published in the said
list, the creditor or the transferee of the creditor shall not sell or
otherwise dispose of in any manner whatsoever, the movable properties pledged
by such debtors until final orders (including orders on appeal) are passed on
the applications made by them. "; (3) in section 6,-- (i) in sub-section (1-A), in clause (c),-- (a) for the words "six months", the words,
"twelve months " shall be substituted; (b) in the proviso, for the words "seven months
", the words " thirteen months " shall be substituted; (ii) in sub-section (2-A), in clause (a), for the words
" seven months ", the words " thirteen months " shall be
substituted. In
the Tamil Nadu Debt Relief Act, 1979 (Tamil Nadu Act 40 of 1979),-- (1) after section 10, the following section shall be
inserted, namely :-- " 10-A. Payment in installment of scaled down
debts.-- (1) Notwithstanding any law, custom, contract, or
decree of court to the contrary, a debtor shall be entitled to pay within six
months from the date of publication of the Tamil Nadu Pawnbrokers and Debt
Relief Laws (Amendment) Act, 1980, in the Tamil Nadu Government Gazette,
(hereafter in this section referred to as the said date), one-third of the
amount of the debt as scaled down in accordance with the provisions of this Act
and the balance of the debt in two equal half-yearly installment on or before
the last day of the twelfth month and eighteenth month immediately following
the said date respectively with the interest due on such instalment upto that
date (2) Where before the said date, a court has passed a
decree for the repayment of the debt as scaled down in accordance with the
provisions of this Act, it shall on application of the judgment-debtor within
two months from the said date, apply the provisions of sub-section (1) to such
decree and amend the decree accordingly. (3) In any suit instituted after the said date, the
court in decreeing the suit shall provide for the payment of such instalment or
instalment? as would have become payable under the provisions of sub-section
(1) and the balance in further installment as specified therein. (4) In any suit pending on the said date for the
recovery of the amount of the debt as scaled down in accordance with the
provisions of this Act, the court shall pass a decree for the payment of such
instalment or installment as would have become payable under the provisions of
sub-section (1) and the balance in further installment as specified therein. (5) Nothing contained in this section shall bar the
court from passing a decree or making an order in an application for execution
of the decree under such terms and conditions as may be more favourable to the
debtor than those provided for in this section either of its own motion or upon
a consideration of all the circumstances of the case or upon an agreement
between the parties. (6) Where before the said date any debtor has paid to
the creditor towards the repayment of the debt as scaled down under this Act
any amount in excess of the amount of instalment as would have become due under
the provisions of sub-section (1),-- (i) the debtor shall be entitled to adjust the excess
amount so paid to one or more future installment, and (ii) nothing contained in this sub-section shall be
deemed to require the creditor to refund any sum which has been paid to him. (7) Nothing contained in this section shall apply to
any debt secured by any mortgage of the description referred to in sub-section
(1) of section 9."; (2) ?after
section 14, the following section shall be inserted, namely:-- "14-A. Ban on the sale of movable properties
pledged by debtors.-- Notwithstanding
anything contained in this Act or in any other law for the time being in force
relating to the sale of pledged articles, where any debtor who is entitled to
have the debt scaled down under section 8 has pledged any movable property with
the creditor, the creditor shall not sell or otherwise dispose of, in any
manner whatsoever, any such movable property during the period upto and
inclusive of the expiry of the last day of the eighteenth month immediately
following the date of publication of the Tamil Nadu Pawnbrokers and Debt Relief
Laws (Amendment) Act, 1980, in the Tamil Nadu Government Gazette, 'and the
period of one week thereafter.". In
the Tamil Nadu Debt Relief Act, 1980 (Tamil Nadu Act 13 of 1980), after section
5, the following section shall be inserted, namely :-- " 5-A. Ban on the sale of movable properties
pledged by debtors.-- Notwithstanding
anything contained in this Act or in any other law for the time being in force
relating to the sale of pledged articles, where any debtor has pledged any
movable property with the creditor, the creditor or the transferee of the
creditor shall not sell or otherwise dispose of, in any manner whatsoever, any
such movable property during the period upto and inclusive of the date of
publication of the list of debtors under clause (a) of sub-section (3) of
section 5 and, in the case of debtors whose names are so published in the said
list, the creditor or the transferee of the creditor shall not sell or
otherwise dispose of, in any manner whatsoever, the "movable properties
pledged by such debtors until final orders (including orders on appeal) are
passed on the applications made by them.". (1) Notwithstanding anything contained in any law for
the time being in force, every proceeding for the execution of a decree (other
than the making of an application for the execution of a decree) including
proceedings consequent on orders or decrees made in appeals, revision petitions
or applications for review, for the recovery of any amount of debt (including
interest, if any) which has been scaled down in accordance with the provisions
of the Tamil Nadu Debt Relief Act, 1979 (Tamil Nadu Act 40 of 1979) (hereafter
in this section referred to as the said Act), pending on the date of
publication of this Act in the Tamil Nadu Government Gazette (hereafter in this
section referred to as the said date), against any person who is a debtor
within the meaning of the said Act, shall, subject to the next succeeding
sub-section, stand stayed until the expiry of six months from the said date and
where an application has been made by the judgment-debtor under sub-section (2)
of section 10-A of the said Act, until the final disposal of the said
application: Provided
that nothing in this sub-section shall apply to the sale, in respect of any
such debt, of-- (i) any movable property held and concluded before the
said date; (ii) any immovable property confirmed before the said
date: Provided
further that nothing in this sub-section shall apply to any proceeding in
respect of any debt secured by any mortgage of the description referred to in
sub-section (1) of section 9 of the said Act. (2) Nothing contained in this section shall be deemed
to invalidate any proceeding in which the order passed has been executed or
satisfied in full before the said date.
Preamble - TAMIL NADU PAWNBROKERS AND
DEBT RELIEF LAWS (AMENDMENT) ACT, 1980PREAMBLE