Tamil Nadu Pawnbrokers and Debt Relief Laws (Amendment) Act, 1980*
| [Tamil Nadu Act No. 35 of 1980]* | [23rd 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:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 16th July, 1980 Part IV-Section 1, pages 154-155.
* Received the assent of the President on the 13th October, 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 23rd October, 1980 Aippasi 7, Rowthiri-2011-Thiruvalluvar Aandu
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Pawnbroker 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.
2. Amendment of Tamil Nadu Act XXIII of 1943.- 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 Acts, 1976 (President's Act 31 of 1976) are applicable, has pledged any article with any pawnbroker, the pawnbroker shall not sell of 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 of 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 ???, 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 finial orders (including orders on appeal) are passed on the applications made by them.".
3.- [The amendments made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Debt Relief Act, 1976 (President's Act 31 of 1976)].
4.- [The amendments made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Debt Relief Act, 1979 (Tamil Nadu Act 40 of 1979)].
5.- [The amendments made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Debt Relief Act, 1980, (Tamil Nadu Act 13 of 1980)].
6. Stay of certain proceedings.- (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 ??? 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.