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State of Tamilnadu - Section

Section 12A in Tamil Nadu Pawn Brokers Act, 1943

12A. [ Interest not to accrue in respect of certain loans and pledges not to be disposed of during certain period. [This section was substituted by section 4 of the Tamil Nadu Indebted Agriculturists and Indebted persons (Special Provisions) Act, 1976 (President's Act 17 of 1976).]

(1)Notwithstanding anything contained in this Act or any other law, custom, contract or any decree or order of any Court or other authority, -
(i)in respect of a loan due on the 22nd day of July 1975 to a pawnbroker, no interest shall accrue during the period commencing on the 22nd day of July 1975 and ending with the 15th day of January 1976; and
(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 of article with any pawnbroker, the pawnbroker shall not sell or otherwise dispose of, in any manner whatsoever, any such pledged article during the period up to 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 (President's Act 31 of 1976), 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 up to 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 Tamil Nadu (Amendment) Act, 1980 (Tamil Nadu Act 35 of 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 up to 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;]
(d)[ where any debtor to whom the provisions of the Tamil Nadu Debt Relief Act, 1982 (Tamil Nadu Act 50 of 1982) 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 up to 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 pawnbrokers 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 application made by them.] [This sub clause was added by section 15 of the Tamil Nadu Debt Relief Act, 1982 (Tamil Nadu Act 50 of 1982).]
(2)Interest shall accrue in respect of a loan obtained from any pawnbroker after the 22nd day of July 1975.]