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[Cites 0, Cited by 0] [Section 12] [Entire Act]

State of Tamilnadu - Subsection

Section 12(7) in Tamil Nadu Pawnbrokers Rules, 1943

(7)In respect of all cases in which permission under sub-rule (4) above was received during the period from September to November, auction shall be conducted, on a day to be fixed by the auctioneer in the first fortnight of February. Similarly, in respect of cases for which orders were received for the period from December to February, March to May and June to August, the auction shall be conducted in the first fortnight of May, August and November, respectively:Provided that, in exceptional circumstances, the Personal Assistant (General) to the Collector of [Chennai] [This word was substituted for the word 'Madras' by section 3 of the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] or the Revenue Divisional Officer, as the case may be, may permit any deviation from the schedule; and
(i)The auctioneer shall print and publish a catalogue of the pledge to be sold in auction with the following particulars: -
(a)the name, place of business and licence number of the pawnbroker concerned;
(b)date of loan;
(c)number of pledge in pledge book;
(d)full and detailed description of article (weight to be noted in the case of jewels);
(e)name and address of pawner; and
(f)date, hour and place of sale.
(ii)The printed catalogue referred to in clause (i) shall be published in the following manner: -
(a)A copy shall be pasted at the place of business of the pawnbroker concerned and also at the place of sale.
(b)Copies shall be given to intending bidders.
(iii)The auctioneer shall send at least a week before the date fixed for the sale -
(a)two copies of the printed catalogue to the police station having jurisdiction over the premises where the auction is to be held, one copy for being pasted on the notice board of the police station and another copy for record at the police station;
(b)one copy of the printed catalogue to the police stations having jurisdiction over the place of the business of the pawnbroker concerned for record at such police station; and
(c)in any case shall notify each of the police station having jurisdiction over the place of business of the pawnbroker concerned and the place or places of sale, any postponement of such auction and the subsequent date of auction.
(iv)The auctioneer shall also send a copy of the printed catalogue by registered post of the pawner at least a week before the date fixed for the sale.
(v)The auctioneer shall send a copy of the printed catalogue by registered post with acknowledgement due to the pawner to his last known address at least forty-five days before the date fixed for the sale. If the notice so sent is returned undelivered for some reason or the other, the auctioneer shall, within the seven days from the date of receipt of the undelivered notice, send to the Village Administrative Officer or the Village Officer, as the case may be, having jurisdiction over the last known address of the pawner, two copies of the printed catalogue with a requisition in writing that a copy of the catalogue should be served on the pawner by affixture on a conspicuous place of the house or premises in which the pawner is known to reside or has last resided or carried on business or personally worked for gain. The Village Administrative Officer, or the Village Officer, as the case may be, on receipt of the two copies of the printed catalogue, shall have one copy served by affixture and also have proclamation made at the place of the contents of the catalogue relating to the pawner by beat of drum, within seven days from the date of receipt of the relating to the requisition of the auctioneer. The Village Administrative Officer or the Village Officer, as the case may be, shall furnish to the auctioneer a certificate of such affixture and proclamation, within five days from the date of such affixture and proclamation. The auctioneer shall not take further action to auction the pledge of the pawner till the acknowledgement of the pawner for having received the printed catalogue or the certificate of affixture and proclamation referred to above is received by him.