10. Pawnbrokers to keep books, give receipts, etc.
(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 on the 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 the article or of each of the article taken in pawn;(iv)the time agreed upon- for the redemption of the pawn; [***] [The word 'and' was omitted by section 7(1)(a)(i) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).](v)the name and address of the pawner, and where the pawner is not the owner of the article or of any of the articles pawned, the name and address of the owner thereof; [and] [This word was added by section (7)(1)(a)(ii)of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).](vi)[ such other particulars as may be prescribed.] [This sub-clause was added by section 7(1)(a)(iii)of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).](aa)[ regularly record and maintain or cause to be recorded and maintained a cash book in the prescribed form indicating the actual cash balance;] [This clause was inserted by section 6(1) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1994).](b)keep and use in his business the following documents and books which shall be in the prescribed form and enter therein, from time to time, as occasion requires, in a fair and legible manner such particulars and in accordance with such directions as may be prescribed: -(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 pawner or his agent a receipt for every 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 that 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 outstanding on account of the principal and of interest, and charge such sum as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may prescribe as fee therefor:[Provided that no such statement shall be required to be furnished to a pawner if he is supplied by the pawnbroker with a pass book in the prescribed form containing an up-to-date account of the pawnbroker's transactions with the pawner.] [This proviso was added by section 7(l)(b) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).](2)[ All records or entries made in the books, accounts and documents referred to in sub-section (1) shall be either in English or in such language of the locality as may be prescribed; and all such books, accounts and documents and all pledges taken by the pawnbroker shall be open to inspection at any time by the Inspector having jurisdiction.] [This sub-section was substituted by section 7(2) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).][All such books, accounts and documents and other records and files shall be preserved by the pawnbroker for a period of three years from the date of redemption of the pledges or the date of disposal of the pledges in public auction, as the case may be:] [This provision was added by section 6(2) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1994).]Provided that all entries made in the pawn-ticket shall be in English and in such language of the locality as may be prescribed.[(2-A) The cash balance shown in the cash book maintained under clause (aa) of sub-section (1) shall tally with the entries made in the relevant register and accounts.] [This subsection was inserted by section 6(3) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1994).](3)Notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act I of 1872), a copy of the account referred to in clause (a) of sub-section (1) certified in such manner as may be prescribed, shall be admissible in evidence in the same manner and to the same extent as the original account.(4)A pawner to whom a statement of account has been furnished under clause (d) of sub-section (1) and who fails to object to the correctness of the account shall not, by such failure alone, be deemed to have admitted the correctness of such account.(5)In the pawn-ticket furnished to the pawner, in the receipt given under clause (6) of sub-section (1) and in the statement of account furnished under clause (d) of that sub-section, the figures shall be entered only in Arabic numerals.
