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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Tamilnadu - Subsection

Section 5(3) in Tamil Nadu Debt Relief Act, 1980

(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.