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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, 1976

(3)
(a)On receipt of an application under sub-section (2-A), 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) (a) The Tahsildar shall, as soon as may be, after the expiry of [thirteen months] [Substituted for the words 'seven months' by section 3(1)(ii) of the Tamil Nadu Pawnbrokers and Debt Relief Laws (Amendment) Act, 1980 (Tamil Nadu Act 35 of 1980), which was deemed to have come into force on the 13th June 1980] from the said date, publish in such form and in such maimer as may be prescribed a list of debtors who have made applications under sub-section (2-A).
(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 (3) 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 section 4, has not made any application in accordance with the provisions of, and within the time specified in, sub-section (2-A), then, such debtor shall not be entitled to relief under this Act.