Amendment status not verified — confirm the current text below against the official source.
Every pawnbroker shall on t a d a pledge in-.& I pawn give to the pawner a pawn-ticket in the prescri- to be given bed form, and shall not take a pIedge in pawn unless 'O pawner' the pawner takes the pawn-ticket. '[a. (1) In the absence of a decree or an order of conditions a civil court, or an order of a magistrate or an officer relams to redemption of of police not below the rank of sub-inspector prohibi- ting the delivery by the pavbroker, 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 to7 or invested in, some other person and on a declaration from thrtt other person that he is in possession of the pawn-ticket and that he is entitled to redeem the pledge, the pawn- broker 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 mes- senger 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 declara- tion in the prescribed form, allow qedemption if the pawnbroker is satisfied that the person who claims to be such messenger or agent is in fad such messenger or agent: i This section was substituted for the ort wl eection 8 by K C H ~ Nadu Act 31 of 1961). P 5 of the Tamil Nadu Pawnbroker8 (Amen &t) Act, 1961 (Tanail * , 904 Pawnbrokers. 11943: TN. A a 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 beenduly authorised by the pawner to redeem the pledge : Provided hrther that, where a person claiming to be the messengeror agent of the pawner produces the pawn-ticket and offers to redeem the pledge, the pawn- broker 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 af such authority or person as may be prescribed in this behalf, agreeing to indem- nify 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 shall be necessary if such pe a civil court having jurisdicti the redemption of the pledge, au the pledge as the legal repres pawner and in any such case, allow redemption. . - .>." --- - _*- __. ^ ^ -------- t * (b) The amount of every bond executed under clause (a) shall be Axed with due re&rd to the cir- cumstances of the case 'and shall not be excessivc. (5) Where a person co* into possession of a pawn-ticket as the assignee of the pawner, such person I shall give notice of such assignment to the pawn- I I broker in the prescribed form, but the pawnbroker shall not be bound to recognize the claim of such per- I son to redeem rhe pledge unless the pawner intimates to the pawnbroker the fact of such assignment or I unless the pawnbroker. after having sert a notice in rhe prescribed form by registered post to the pawner to the eddress left by the pawner with the pawnbroker intimating to him the claim made under the alleged assignment, does nor hem anything from the pawner contrary to the claim within two weeks after the date on which the notice would irl the usual course of post reach the pawner. (6) Where the pawner alleges that the pawn- ticket has been lost or destroyed and claims redemption of the pledge, the pawrbroke~ shall, after obtaining from the pawner, a declnration in the prescribed form allow such rede~nplion crzless the pawnbroker has received intimatio~~ from ally other pcrson that he is in possession of tlw pi~wll-tickct and is el~ritled to redeem the pledge : Provided that, bCfo~'c :~Ilowi~)g SLLCJI redemption, the pawnbroker may il~sisr 011 sccuriry to his salis- faction or to the sarisfaction of such authority or pcsson as may be prescribed it) this behalf being given by the pawner against possihle claim by any other persc n. (7) Where a persol\ claims to be the owncr of a pledge and alleges that the pledge was pawned with- out his knowledge or c111 thurity, the pawnbroker shall take a declaration fivm such person in the prescri- bed form, and send n notice in the prescribed form by registered post to the pnwnet: to the address left by the pawner with the pawnbrokdr, and similarly to every other person who has made any claim to the pawn- broker of being entitled to d e e m the pledge, and if . I the pawnbroker does not receive any communication \ '1 _ ---&-I 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 1 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 J