5. Debtors to make application for the return of the movable property pledged by them.
(1)(a)Every debtor referred to in clause (e) of sub-section (1) of section 4 shall make an application in such form and containing such particulars as may be prescribed to the Tahsildar having jurisdiction over the area where his creditor has his ordinary place of business for an order for the return of the movable property pledged by the debtor.(b)Every such application shall be,-(i)supported by an affidavit, which shall be in such form and be sworn or affirmed before such officer or authority as may be prescribed and which shall state that the debtor is entitled to relief under section 4; and(ii)accompanied by a certificate from the prescribed authority as to the annual household income of such debtor.(c)Every such application shall be made on or before the [30th day of June 1982] [This expression was substituted for the expression 'the 30th day of September 1981' by section 3(i)(a) of the Tamil Nadu Debt Relief (Amendment) Act, 1982 (Tamil Nadu Act 12 of 1982), which was deemed to have come into force on the 30th day of September 1981. Earlier, for the expressions 'before the expiry of the period of six months from the date of the commencement of this Act', 'the 31st day of December 1980', the expressions 'on or before the 31st day of December 1980', 'the 30th day of September 1981' were substituted by section 5(i)(a) of the Tamil Nadu Debt Relief (Amendment) Act, 1981 (Tamil Nadu Act 10 of 1981), which was deemed to have come into force on the 19th April 1980 and by section 3(i)(a) of the Tamil Nadu Debt Relief (Second Amendment) Act, 1981 (Tamil Nadu Act 48 of 1981) which was deemed to have come into force on the 31st day of December 1980, respectively.]:Provided that the Tahsildar may, in his discretion, allow further time not exceeding one month for making any such application, if he is satisfied that the debtor had sufficient cause for not making the application in time, but no application shall be made [after the 31st day of July 1982] [This expression was substituted for the expression 'the 30th day of September 1981' by section 3(i)(a) of the Tamil Nadu Debt Relief (Amendment) Act, 1982 (Tamil Nadu Act 12 of 1982), which was deemed to have come into force on the 30th day of September 1981. Earlier, for the expressions 'before the expiry of the period of six months from the date of the commencement of this Act', 'the 31st day of December 1980', the expressions 'on or before the 31st day of December 1980', 'the 30th day of September 1981' were substituted by section 5(i)(a) of the Tamil Nadu Debt Relief (Amendment) Act, 1981 (Tamil Nadu Act 10 of 1981), which was deemed to have come into force on the 19th April 1980 and by section 3(i)(a) of the Tamil Nadu Debt Relief (Second Amendment) Act, 1981 (Tamil Nadu Act 48 of 1981) which was deemed to have come into force on the 31st day of December 1980, respectively.].(2)(a)On receipt of an application under sub-section (1), the Tahsildar, after giving a reasonable opportunity to the creditor concerned and the debtor to make their representations and if he is satisfied,-(i)that the debtor is entitled to relief under section 4, shall pass an order for the return of the movable property pledged by the debtor and direct the creditor to produce on or before the date specified in the order, the movable property pledged by such debtor with the creditor; or(ii)that the debtor is not entitled to relief under section 4, shall pass an order dismissing the application:Provided that the Tahsildar may, if he deems fit, hold a summary enquiry before passing an order under this sub-section.(b)An order under clause (a) shall be communicated to the creditor concerned and the debtor within such period as may be prescribed.(3)(a)The Tahsildar shall, as soon as may be, [after the 31st day of July 1982] [This expression was substituted for the expression '31st day of October 1981' by section 2(ii) of the Tamil Nadu Debt Relief (Amendment) Act, 1982 (Tamil Nadu Act 2 of 1982) which was deemed to have come into force on the 30th day of September 1981. Earlier, for the expressions 'after the expiry of seven months from the date of the commencement of this Act', 'the 31st day of january 1981', the expressions 'after the 31st day of January 1981', 'the 31st day of October 1981' were substituted by section 4(ii) of the Tamil Nadu Debt Relief (Amendment) Act, 1981 (Tamil Nadu Act 10 of 1981) and by section 2(ii) of the Tamil Nadu Debt Relief (Second Amendment) Act, 1981 (Tamil Nadu Act 48 of 1981).] publish in such form and in such manner as may be prescribed a list of debtors who have made applications under sub-section (1).(b)Upon publication under clause (a) of the list of debtors, it shall be lawful for the creditors to dispose of in accordance with the provisions of the Tamil Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act XXIII of 1943) or any other law for the time being in force relating to the sale of pledged articles the movable properties pledged with the creditors by persons other than those whose names are published in the list referred to in clause (a).(c)Where the Tahsildar has passed an order under sub-section (2) dismissing any application, the creditor may, subject to the provisions of sub-section (3) of section 8, dispose of in accordance with the provisions of the Tamil Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act XXIII of 1943) or any other law for the time being in force relating to the sale of pledged articles, the movable property for the return of which the said application was made.(d)Where any debtor referred to in clause (e) of sub-section (1) of section 4, has not made any application in accordance with the provisions of, and within the time specified in, sub-section (1), then, such debtor shall not be entitled to relief under this Act.(4)Where the movable property pledged by the debtor is in the possession of any transferee of the creditor, the creditor shall redeem the said property from such transferee and produce it on or before the date specified in the order referred to in sub-section (2).(5)If the creditor fails to produce the movable property as directed in the order under sub-section (2),-(a)the Tahsildar may, with the previous approval of the Revenue Divisional Officer concerned, enter any premises of the creditor or of the transferee of the creditor [other than an institution referred to in clause (h) of section 12] search and seize the said property; and(b)where the movable property is in the possession of any of the institutions referred to in clause (h) of section 12, the Tahsildar shall,-(i)by an order, direct the said institution to deposit, on or before the date specified in the order, the movable property with the Tahsildar together with a statement specifying the amount due to the said institution in respect of the said property and simultaneously issue a certificate to the said institution to the effect that the amount due to the said institution in respect of the said property shall be recovered from the creditor as if it were an arrear of land revenue and paid to the said institution; and(ii)on the said institution depositing the said property, with the Tahsildar, acknowledge in writing the receipt of the movable property and proceed to recover from the creditor such amount as is due to the said institution in respect of the said property as if it were an arrear of land revenue, and on such recovery, pay the same to the said institution.(6)After such production or recovery or deposit of the movable property pledged, the Tahsildar shall deliver the said property to the debtor.(7)Pending the passing of an order under sub-section (2) in respect of an application made under sub-section (1), no creditor or the transferee of the creditor shall sell or pledge or otherwise dispose of any movable property pledged by the debtor.(8)Notwithstanding anything contained in sub-section (5) or in the Tamil Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act XXIII of 1943), the Tahsildar-(a)may, with the previous approval in writing of the Revenue Divisional Officer concerned, enter any premises of the creditor or of the transferee of the creditor [other than an institution referred to in clause (h) of section 12] and search and seize the movable properties pledged by debtors and arrange for their safe custody;(b)shall proceed to determine which of the movable properties so seized are to be released to the debtors and pass orders accordingly.(9)The Revenue Divisional Officer shall not give his approval under sub-section (5) and sub-section (8) unless he is of opinion that there is sufficient cause for effecting search and seizure.(10)The provisions of sections 100 and 165 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), relating to search and seizure shall, as far as may be, apply to searches and seizures under sub-sections (5) and (8).
