Amendment status not verified — confirm the current text below against the official source.
(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 ' onthe 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 tile article or of each of the articles taken in pawn ; (jv) the time agreed upon for the redemption of the pawn ; '[ 1 (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 5rticles pawned, the name and address of the owner thereof ; 4[(vi) such other particulars rj:, may be pre- 1 Thia Mion was omitted by section 6 of the Tamil Nadu Pawii. broksn (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961). a Tho wad "and" wru, omittod by wctlon 7(1) (a) (9, Old. Wion 7 (I) (a) (11)' Ibld. as added by mdon 7 (1) (d) (ifi), ibtd. -,.- - - --- .Ae..-. --.,,---...- '.A"..-,- - I. I 1943: T.N. Act XXIII], 907 (b) keep and use in his business the followiag documemts and books (which shall be in the pres- cribed form) and enter therein from time to time, as occasion requires, in a fair and legible manner such particulars dnd in accordance w such directions as may be prescribed :- d (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 bamer or his agent a receipt for evely 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 thnt 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 out- standing on account of the pri~lcipl and of interest, and charge such sum as the [State] Government may prescribe as fee therefor. a [Providecl that no such stiltement shall be required to be furnished to a pawner if he is supplied by the pawnbroker with n pass book in the pres- cribed form containing an up-to-date account of the pawnbroker's transactions wit 11 t hc pawner .] ' [(2) All records or entries made in the books, accounts and documents referml to in sub-section (1) shall be either in English w in such language - .e - 1 This word was substituted for tha word " Provincial " by the , Adaptation Order of 1950. This proviso was added by section 7 (1) (6) of the Tamil Nntlu Pawnbrokers (Amendment) Act, 1961 (Ttlmil Nadu Act 31 of 196 1 ). 8 This subaction was substituted f a i h e orl$nal sub-section ?: by sactifin 7 (2), ibid. 1943 : T.N. Act XXEiJ Pawnbrokers 909 t Central Act a~ (2) EVW Xarptdor shall be deemed to be a ofleao, public servant within the meaning of section 21 of the Indian Penal Code. I 9 (3) (a) A Magistrate of the first-class* in the mufassal or a Presidency Magistrate* in the Presi- dency-town may, on receiving a report from an Inspec- . tor or from any police officer not below the rank of sub-inspector that- (i) any person carries on business as a pawnbrokqr without a licence at any place within the jurisdiction of &ch 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 j~uisdic- tion 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 la .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 chatgo of the place, @ a receipt describing the books, acoouats, records, files and documents so 1 removed by him ! -.-II_<- ! , *According to c l a m a) and (4 of sbb-soction 3) of section 3 ~f tho cod0 of ~ a l L u n , 1 9 7 f d ~ ~ m r r G z ) any rofcacnce to a Madstrate of tho &.st ass and to a Prcsidmcy Ma trato shall k aolr8W a nfm@ to 8 Judicial Ma istrate k d of c ibtdm add W( ot~QPo~tfa M f ~ i s ~ t e iesmi~~fy. * I $ ', , I I Provided fhther that within tweatpfour hours I of the removal of the books, accounts, records, fitcs and documents fiom the premises, the Inspector .or the police ofIicer 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 Magistiate 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, afte~ taking from such person such security as the Magis- trate 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 Magis- trate. I (b) An Inspector shall have authotity 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 dociunent 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.] I - Redemption l[ll. (I) Every pledge shall be redeemable within ofpledge. one year from the date of pawning, exclusive of that day ; and there shall be added to that year of redemp- tion seven days of grace within which every pledge shall continue to be redeemable. (2) A pledge shall further continue to be redee- mable until it is disposed of as provided in this Act, although the period of redemption and days of grace have expired. I Exp2anation.--Where tbe contract between the paties provides a longer period for redemption t h n one year, the rovisions pf this section shall be read B I I and construe as if refer s to such longer period had been substituted for t e references to the period of one year therein. T