5A. [ Ban on the sale of movable properties pledged by debtors. [Inserted by section 3(2) of the Tamil Nadu Pawnbrokers and Debt Relief Laws (Amendment) Act, 1980 (Tamil Nadu Act 35 of 1980)]
- Notwithstanding anything contained in this Act or in any other law for the time being in force relating to the sale of pledged articles, where any debtor has pledged any movable property with the creditor, the creditor or the transferee of the creditor shall not sell or otherwise dispose of, in any manner whatsoever, any such movable property 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 and, in the case of debtors whose names are so published in the said list, the creditor or the transferee of the creditor shall not sell or otherwise dispose of, in any manner whatsoever, the movable properties pledged by such debtors until final orders (including orders on appeal) are passed on the applications made by them.] [[These sub-sections were substituted for the following sub-section (3) by section 2(2), of the Tamil Nadu Debt Relief (Amendment) Act, 1980 (Tamil Nadu Act 5 of 1980), which was deemed to have come into force on the 13th December 1979.-'(3) On receipt of a statement under sub-section (1) or an application under sub-section (2), and after such inquiry conducted in the manner prescribed, the Tahsildar shall, by order, determine-(i)where a statement has been furnished by the creditor under sub-section (1), which of the persons who hair pledged movable property with him arc entitled to relief under section 4; and(ii)where an application has been made by the debtor under sub-section (2), whether the debtor is entitled to relief under section 4,and direct the creditor to produce on or before the date specified in the order the movable properly pledged by such persons or debtor.]]
