ANDHRA PRADESH PAWN BROKERS ACT, 2002
6 of 2002
An Act to consolidated the laws relating to Pawn Broking in the State of Andhra Pradesh and for matters connected therewith or incidental thereto. Whereas, it is expedient to provide for the regulation and control of the business of Pawn Broking in the State of Andhra Pradesh. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty -third Year of the Republic of India as follows
Section 1 Short title, extent and Commencement
(1) This Act may be called the Andhra Pradesh Pawn Brokers Act, 2002.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date and in such areas as the Government may by notification, appoint and they may appoint different dates for different areas.
Section 2 Definitions
In this Act, unless the context otherwise requires,--
(1) "Appellate authority" means any officer or authority appointed by the Government to exercise the powers of an appellate authority under this Act;
(2) "Company" means a body corporate and includes a firm, association of persons or body of individuals whether incorporated or not.
(3) "Co-operative Society" means a society registered or deemed to have been registered under the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964) or the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 (Act 30 of 1995).
(4) "Government" means the State Government of Andhra Pradesh.
(5) "Interest" does not include any sum lawfully charged in accordance with the provisions of this Act by a Pawn broker for or on account of costs, charges or expenses, but save as aforesaid, includes any amount by whatsoever name called, in excess of the principal, paid or payable to a Pawn broker in consideration of or otherwise in respect of a loan.
(6) Licence" means a Pawn broker’s licence granted under Section 4.
(7) "Licensing Authority" means an officer or authority appointed by the Government to perform the functions of a licensing authority under this Act.
(9) "Members of weaker sections" means any individual whose total income from all sources put together does not exceed rupees eleven thousand pers annum.
(10) "Notification" means a notification published in the Andhra Pradesh Gazette, and the word "notified" shall be construed accordingly.
(12) "Pawner" means a person delivering an article for pawn to a Pawn broker.
(13) "Pledge" means an article pawned with a Pawn broker.
(14) "Prescribed" means prescribed by rules made under this Act.
(15) "Principal" in relation to a loan means the amount actually lent to the pawner, and
(16) "Year" means the financial year.
Section 3 Pawnbroker to obtain licence
(2) Where a Pawnbroker has more than one shop or place of business, whether in the same town in village or in different towns or villages, he shall obtain a separate licence in respect of each such shop or place of business.
Section 4 Granting and refusal of licence
(1) Every application for a Pawnbroker’s licence shall be in writing and shall be made to the licensing authority in such manner and accompanied by such licence fee as may be prescribed.
(2) Every licence shall be granted in such form and subject to such conditions as may be prescribed.
(4) Every order of the Licensing Authority under sub-section (3) shall be communicated to the applicant in such manner as may be prescribed.
(5) The Licensing Authority may, if it is satisfied that an applicant coming under the purview of the proviso to sub-section (1) of Section 3 could not apply for a licence under this Act, within the period referred to therein for reasons beyond his control, condone the delay upto a maximum period of ninety days subject to payment of a penalty equal to the prescribed licence fee.
(6) Every licence granted under this Act shall, subject to the provisions of sub-section (8), be for a period of three years.
(7) A licence granted under sub-section (2) may be renewed on an application which shall be made at least two months before the expiry of the period of licence and the provisions of sub-sections (1) to (6) shall apply in relation to the renewal of licence as they apply in relation to the grant of a licence.
(8) If orders refusing to renew a licence are not communicated to a Pawnbroker by the Licensing Authority before the expiry of his current licence, the Pawn Broker shall, notwithstanding such expiry be deemed to have, valid licence till the orders are received by him on his application for renewal.
(9) Nothing in this section shall be deemed to disentitle a Pawnbroker whose licence has expired or has not been renewed from taking steps to recover any loan advanced during the period when the licence was in force.
Section 5 Pawn brokers to exhibit their names
Every Pawnbroker shall always exhibit over this shop or place of business his name with the word "Pawnbroker" and its equivalent in the regional language.
Section 6 Change of place of business by pawnbroker
No Pawn Broker shall change his place of business without previous notice to the Licensing Authority and without having the address of the new place of business duly endorsed on his licence.
Section 7 Interest chargeable by pawnbroker
(1) No Pawn Broker shall charge interest on any loan at a rate exceeding by more than two per cent the rate charged by commercial banks on similar loans granted by them.
(2) No Pawnbrokers shall demand or take any gifts, articles, commission, charges or amounts under any name whatsoever from the pawner while advancing a loan in terms of this Act, other than the interest.
(3) The total interest payable on a loan shall not exceed the quantum of the principal.
Section 8 Pawn ticket to be given to pawner
Every Pawn Broker shall on taking a pledge in pawn, give to the pawner, a pawn-ticket in the prescribed form, and shall not take a pledge in pawn unless the pawner takes the pawn- ticket.
Section 9 Pawner entitled to redeem pledge
(1) Subject to the provisions of this Act, every Pawnbroker shall on payment of the principal and interest, deliver the pledge to the pawner.
(2) Except as otherwise expressly provided in this Act, a Pawn Broker shall not be bound to deliver back a pledge unless the pawn-ticket, is delivered to him.
Section 10 Protection of pawners not having pawn tickets
(2) A pawner making a declaration under sub-section (1), knowing the same to be false in any material particular, shall be punished with imprisonment for a term which may extend to one year or with fine which may extent to rupees five thousand or with both.
(3) A person falsely identifying the pawner under sub-section (1) knowing that he is not the real pawner making such declaration shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to rupees five thousand or with both.
Section 11 Pawnbroker to keep books, give receipts, etc
(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 by the Licensing Authority or an Inspector appointed under Section 16 or any Police Officer not below the rank of Sub-Inspector or by any Revenue Officer not below the rank of a Mandal Revenue Officer.
(3) Notwithstanding anything contained in the Indian Evidence Act, 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 under Section 8, in the receipt given under clause (c) 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.
(6) If any Pawnbroker fails to give to the pawner or his agent a receipt under clause (c) or a statement under clause (d) of sub-section (1) he shall be liable to a fine not exceeding rupees five thousand.
Section 12 Redemption of pledge
Every pledge shall be redeemable within two years from the day of pawning, exclusive of that day.
Explanation :-Where the contract between the parties provides a longer period for redemption than two years, the provisions of this section shall be read and construed as if the references to such longer period had been substituted for the references to the period of two years therein.
Section 13 Sale of pledge and inspection of sale books
(1) A pledge may be disposed of by the Pawnbroker by public auction and not otherwise, and the sale shall be conducted in such manner as may be prescribed.
(2) A Pawnbroker shall not bid for and purchase at a sale by public auction conducted under sub-section (1), a pledge pawned with him.
(3) Where in a public auction, the pledge has been sold for more than the amount of the loan and interest thereon and charges due at the time of sale, the Pawnbroker shall pay to the pawner or his agent, the surplus amount within one month from the date of sale after deducting there from the necessary costs and charges of the sale and the pawner or his agent may inspect the entry relating to the sale either in the Pawnbroker’s book or in such catalogue of the auction, as may be prescribed, at any time within one month from such payment.
(4) Where the surplus amount is not paid to the pawner within one month of the sale under sub-section (3), the same shall be deposited with the licensing authority, within seven days thereafter.
Section 14 Liability of pawn broker in case of fire
(2) A Pawnbroker shall be entitled to insure to the extent of valued so estimated.
Section 15 Compensation for depreciation of pledge
If a person entitled to redeem a pledge shows to the satisfaction of a civil Court having jurisdiction to entertain a suit for such redemption that the pledge has become or has been rendered of less value than it was at the time of pawning thereof by or through the default, neglect or wilful misbehaviou of the Pawnbroker, the Court may if it thinks fit, award reasonable compensation to the owner of the pledge in respect of the damage, and the amount awarded shall be deducted form the amount payable to the Pawn Broker, or shall be paid by the Pawn Broker (as the case requires) in such manner as the Court directs.
Section 16 Appointed of Inspectors and their powers
(1) The Government of any authority or officer empowered by them in this behalf may, by notification, appoint one or more persons possessing such qualifications as may be prescribed to be the Inspectors for the purpose of this Act and specify in such notification the local limits of their jurisdiction.
(2) Every Inspector shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Section 17 Powers to order production of accounts and powers of entry and inspection
(2) Any Inspector or Licensing Authority may, at any reasonable time, with or without the assistance of Police Officers or other officers enter any place of business or office of the Pawnbroker and inspect any cash, accounts, registers, records, safes, vaults or other documents in such premises.
(4) All searches under this section shall, so far as may be, made in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(5) The officer making the inspection or search may seize such accounts, registers, records or other documents as he considers necessary and on such seizure shall grant the Pawn Broker a receipt of the things so seized.
(6) The accounts, registers, records or other documents seized under sub-section
(5) shall not be retained by the officer, seizing them, beyond a period of thirty days from the date of the seizure except with the permission of the next higher authority, unless they are required for any prosecution under this Act.
Section 18 Power to summon witnesses and cause production of documents
(2) The officers who impounds the documents, accounts or registers of the Pawnbroker shall grant a receipt of the things so impounded to the person concerned.
Section 19 Assistance of Police Officers
Any officer authorised to inspect or search under Section 17 may seek the assistance of the officer in charge of the Police Station having jurisdiction over the area to be inspected or searched and thereupon, such officer of the Police Station shall render all assistance necessary to the officer for the conduct of such inspection or search.
Section 20 Power to cancel licence, etc.
(2) Before cancelling a licence under sub-section (1), the Licensing Authority shall give the licencee a notice in writing stating the grounds on which it is proposed to take action and requiring him to show-cause against the proposed action within such time as may be specified in the notice.
(3) Every order of the Licensing Authority under this section shall be communicated to the licencee in such manner as may be prescribed.
Section 21 Publication of order of cancellation
Every order of cancellation of a licence under this Act, shall be notified in the District Gazette and also affixed on the notice board of the office of the Licensing Authority.
Section 22 No refund of licence fee
A person whose licence is cancelled under Section 20 shall not be entitled to the refund of any fee paid in respect of such licence or for any compensation for such cancellation.
Section 23 Appeals
(1) Any person aggrieved by an order of the Licensing Authority under sub-section (3) of Section 4 or sub-section (1) of Section 20, may within thirty days from the date of communication of such order, appeal in such manner as may be prescribed to the appellate authority having jurisdiction over the area.
(2) The appellate authority may admit an appeal preferred after the period of thirty days aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring an appeal within the said period.
(3) The appellate authority may, after giving the appellant an opportunity of being heard, pass such orders on the appeal as it deem fit.
(4) Every order passed by the appellate authority shall be communicated to the appellant and to the Licensing Authority in such manner as may be prescribed.
Section 24 Pawnbroker advancing smaller amount or receiving higher interest that that specified in the accounts to be punishable
(1) Any Pawnbroker, who actually advances an amount less than that shown in pawn-ticket or in his accounts or registers or who takes or receives interest or any other charge at a rate higher than that shown in the pawn-ticket or in his accounts or registers or allowed under this Act, shall be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which may extend to rupees fifty thousand.
(2) If a Pawn Broker is convicted of offence under sub-section (1) after having been previously convicted of such offence, the Court convicting him may order his licence as a Pawnbroker to be cancelled.
Section 25 Certain other acts of pawn-brokers to be punishable
A Pawnbroker who,--
(1) takes an article in pawn from any person appearing to be under the age of eighteen years, or to be intoxicated or of unsound mind shall be punished with imprisonment for a term which may extend to one year of fine which may extend to five thousand rupees or with both.
Section 26 Certain acts of pawners and others and others to be punishable
Any person who,-
(a) offers to a Pawnbroker an article by way of pawn, being unable or refusing to give a satisfactory account of the means by which he became possessed of the article; or
(b) wilfully gives false information to a Pawnbroker as to whether an article offered by him in pawn to the Pawnbroker in his own property or not, or as to his name and address or as to the name and address of the owner of the article; or
(c) not being entitled to redeem, and not having any colour of title bylaw to redeem, a pledge, attempts or endeavours to redeem the same, shall be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which may extend to rupees fifty thousand.
Section 27 Duties of the pawnbroker
(1) In every case falling under Section 26, and also in any case where, on an article being offered in pawn, for sale, or otherwise, to a Pawnbroker, the reasonably suspects that it has been stolen or otherwise illegally or clandestinely obtained, the Pawnbroker shall, in the absence of reasonable excuse, inquire into the name and address of the person concerned, and seize and detain such person and the article, if any, and forthwith communicate to the nearness Police Station the facts of the case and shall deliver the person and the article, if any, seized to the police.
Section 28 General Penalty for contravention of Act, etc
(1) Whoever contravenes any of the provisions of this Act or of any rule made or of any terms and conditions of a licence granted thereunder shall, if no other penalty is elsewhere provided in this Act for such contravention, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which may extend to rupees fifty thousand.
(2) Any Court convicting a Pawnbroker of a contravention of the provisions of clause (c) or clause (d) of sub-section (1) of Section 11, may direct him to furnish a receipt or statement of account in accordance with the provisions of that clause, and if the Pawnbroker fails to comply with the direction, the Court may order his licence as a Pawnbroker to be canceled.
Section 29 Penalty for carrying on business without licence or in violation of the conditions of the licences
Whoever carries on the business of Pawnbroking without a licence or in violation of the conditions of the licence or otherwise than in confirmity with the terms and conditions of the licence shall be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which may extend to rupees fifty thousand.
Section 30 Liability of the pawnbroker for the acts committed by his agents or employees
Where any agent or employee of the Pawnbroker contravenes any of the provisions of this Act or of any rule made thereunder or of the terms and conditions of a licence granted or deemed to be granted whether with or without the knowledge of the Pawnbroker, the Pawnbroker shall without prejudice to the liability of the agent or the employee, be liable for the penalty provided under this Act, as if the Pawnbroker himself has committed such contravention.
Section 31 Transfer of licence to heirs
(1) Where a licencee under this Act, dies, any person claiming to be his legal representative may apply to the Licensing Authority for transferring in his name, the licence standing in the name of the deceased.
(2) Every such application shall be in such form and shall contain such particulars as may be prescribed.
(3) The Licensing Authority may, if he is satisfied that the applicant is in fact the legal representative of the deceased and that he is otherwise eligible for a licence under this Act, transfer the licence in the name of the applicant after obtaining from the applicant a declaration in the prescribed form.
(4) Any licence transferred under sub-section (3) shall be deemed to have been granted to the applicant himself and shall be valid for the period for which it would have been valid if the licence had not been transferred and the provisions of this Act shall apply accordingly.
Section 32 Contracts not be void on account of offfences but interest and costs not to be allowed in certain cases
Where a Pawnbroker is guilty of an offence other than an offence of carrying in business of Pawnbroking without a licence punishable under this Act, any contract made by him, in relation to his business of Pawnbroking, shall not be void by reason only of that offence, nor shall be by reason only of that offence, loose his lien on or right to the pledge or to the loan and the interest and other charges, if any, payable in respect thereof :
Section 33 Power of revision by the Government
(1) The Government may either suo-motu or on application, call for and examine the record of any order passed by an Inspector, Licensing Authority or Appellate Authority to satisfy themselves as to the legality, regularity or correctness of such order and in any case it appears to them, that such order should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly : Provided that no order under this section adversely affecting a person shall be passed unless that person has had an opportunity of being heard.
(2) No licencee shall make an application under sub-section (1) unless he has paid the penalty against which such revision is sought.
(3) No licensee shall make an application under sub-section (1) unless he has exhausted the appellate remedy available under this Act.
(4) No application seeking a revision of an appellate order under this section shall be made after expiry of a period of ninety days from the date of such order.
(5) No order of suo-motu revision shall be made by the Government under this section after the expiry of three years from the date of the order which is sought to be revised.
Section 34 Bar of certain proceedings
(1) No suit, prosecution or other proceedings shall lie against any officer or employee of the Government or any act done or purporting to be done under this Act, without the previous sanction of the Government.
(2) No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is, in good faith, done or intended to be done under this Act or the rules made thereunder.
Section 35 Power to make rules
(1) The Government may, be notification, make rules for carrying out the purposes of this Act.
(3) Every rule made under this Act, shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 36 Act not to effect or alter the law relating to relief of agricultural and other indebtedness. Repeal and savings
The provisions of this Act, shall be in addition to and not, save as otherwise expressly provided in this Act, in derogation of any other law for the time being in force, in the State, relating to the relief of indebtedness including indebtedness amongst agriculturists, members of weaker sections and members of Scheduled Castes and Scheduled Tribes.
Section 37
The following enactments are hereby repealed, namely, --
(i) The Andhra Pradesh (Andhra Area) Pawnbrokers Act, 1943;
RULE:
ANDHRA PRADESH PAWN BROKERS RULES, 2007
In exercise of the powers conferred by sub-sections (1) and (2) of Section 35 of the Andhra Pradesh Pawn Brokers Act, 2002 (Act No. 6 of 2002) the Governor of Andhra Pradesh hereby makes the following rules, namely:-
Rule 1 Shot title and Commencement
These Rules may be called as the Andhra Pradesh Pawn Brokers Rules, 2007.
Rule 2 Definitions
In these Rules unless there is any thing repugnant in the subject or context:-
(a) 'Act' means the Andhra Pradesh Pawn Brokers Act, 2002 (Andhra Pradesh Act 6 of 2002);
(b) 'Collector' means the Collector of the District includes Joint Collector.
(c) 'Form' means a form appended to these Rules;
(d) Words and expressions used but not defined in these rules shall have the respective meanings assigned to them in the Act.
Rule 3 Licensing Authority
The power to issue license shall vest with:
(a) The Collectors concerned, in the Municipal/Municipal Corporation limits of Hyderabad, Vijayawada, Visakhapatnam, Guntur, Warangal and Tirupathi; and
(b) The Revenue Divisional Officers in other areas concerned.
Rule 4 Application for Licence
An application for a licence to a Pawn Broker shall be made in Form A to the Licensing Authority along with the Fees as prescribed below shall be remitted through Demand Draft/Pay Order obtained from any Nationalised. Bank:
(a) In case of the areas mentioned at rule 3(a) above, the fee shall be Rupees One Thousand.
(b) In case of other areas the fee shall be Rupees Seven Hundred and Fifty.
Rule 5 Forms and Conditions of Licence
(a) The Licensing Authority shall issue the licence in Form C subject to the conditions specified therein; and
(b) The Licencing Authority shall communicate to the applicant in writing and obtaining proper acknowledgment if the licence is refused.
Rule 6 Renewal of Licence
(1) An applicant for Renewal of Pawn Brokers licence under sub-section (7) of Section 4, shall be in Form 'B' and the Fees prescribed below shall be remitted through Demand Draft issued by a Nationalised Bank:
(a) In case of the areas mentioned at rule 3(a) above the fee shall be Rupees Seven Hundred and Fifty.
(b) In case of other areas the fee shall be Rupees of Five Hundred.
(2) The Licensing Authority should thoroughly examine the Records and Registers maintained by the Pawn Broker as prescribed in the Act and keeping in view of the provisions of the Act (sub-sections (1) to (6) of Section (4) and may renew the Licence before expiry of the current Licence.
(3) Every order of the Licensing Authority refusing to Renew the Licence Under sub-section (7) of Section 4 shall be communicated to the applicant before expiry of the current Licence in writing by obtaining proper Acknowledgment.
Rule 7 Pawn Brokers to Exhibit Their Names
A Pawn Broker should exhibit his name over his shop or place of business, visibly and clearly in Telugu, English and in Urdu if necessary.
Rule 8 Change of Place of Business
(1) An application for change of place of business furnishing the details of new place of business address with reasons for shifting, should be submitted to the Licencing Authority well in advance and an endorsement of the Licencing Authority should be obtained on the Licence.
(2) The Pawn Broker shall inform the new place of business to the pawners one month in advance.
Rule 9 Charges allowed to Pawn Brokers
(1) A Pawn broker shall supply to the Pawner free of cost the Pawn Ticket under Section 8 and the declaration referred to in clause (a) and (b) of sub-section (1) ofSection 10
(2) The fee which may be charged by a Pawn Broker for the inspection of the entry of a sale in the sale book or pledges referred to in sub-clause (ii) of clause (b) of sub-section (1) of Section 11 shall be Rupees Ten only.
(3)
(a) The fee which may be charged by a Pawn Broker for a statement of accounts furnished by him under clause (d) of sub-section (1) of Section 11 shall be as follows:
(i) If the amount of the loan does not exceed Rs. 100/-.. Rs. 3/-
(ii) If the amount of the loan between Rs. 101 to 500/- .. Rs. 5/-
(iii) If the amount of the loan between Rs. 501 to 1000/- .. Rs. 10/-
(iv) If the amoun t of the loan between Rs. 1001 to 5000/- .. Rs. 20/-
(v) If the amount of the loan between Rs. 5001 to 10000/-. .. Rs. 30/-
(vi) If the amount of the loan exceeds Rs. 10000/- .. Rs. 40/-
Explanation- The fee shall be charged separately in respect of each loan and such requisition.
(b) The fee shall be recoverable by the Pawn Broker as if it was included in the loan but no interest shall be charged on such fee.
(4) Where a pawner redeems the pledge before it is actually disposed of by sale in public auction the Pawn Broker may demand and take from him the charges, if any, incurred by the Pawn Broker in bringing the pledge to auction.
Rule 10 Form of Declaration
The printed forms of declaration referred to in clause (a) and (b) of sub-section (1) of Section 10 shall be in Forms D and E, respectively.
Rule 11 Pledlge Book
The Pledge Book referred to in clause (a) of sub-section (1) of Section 11 shall be in Form F.
Rule 12 Pawn Ticket, Sale Book or Pledges and Receipt on Redemption of Pledges
The Pawn ticket, the sale book of pledges and the receipt of redemption of pledge referred to in clause (b) of sub-section (1) of Section 11 shall be in Forms G, H and I, respectively.
Rule 13 Certificates
No copy of an account shall be admissible in evidence under sub-section (.9) of Section 11 unless it contains two certificates at the foot, the first by the Pawn Broker himself or his agent and the second by any Gazetted Officer or Notary who has compared the copy with the original certificate of the Pawn Broker or his agent. These certificates shall be in Form J and Form K, as the case may be.
Rule 14 Language in Which Records ETC. Should be Maintained
All records or entries made in the books, accounts and documents referred to in sub-section (1) of Section 11 shall be in Telugu and English and, if necessary, in Urdu.
Rule 15 Manner Furnishing Statement of Account
(1) The statement of account referred to in clause (d) of sub-section (1) of Section 11 shall be sent to the pawner by registered post with acknowledgment due, to the address given in the requisition made by the pawner.
(2) Notwithstanding any thing contained in sub-rule (1), where the pawner agrees in writing to the statement being delivered personally it shall not be necessary to send it by registered post.
(3) When a pawner takes personal delivery of the statement of account he shall acknowledge receipt of the same in writing. The pawner shall sign acknowledgment or if he is illiterate, affix his thumb impression thereto.
(4) If the statement of account is sent by registered post, the production of the postal receipt and acknowledgment shall be sufficient proof of sending of such statement.
(5) The postal registration and acknowledgment charges incurred under sub-rule (1) shall be entered in the account and shall be recoverable by the pawnbroker as if such charges were included in the loan but no interest shall be charged on such charge.
Rule 16 Public Notice of Claim in Certain Cases
The public notice referred to in the proviso to clause (a) of sub-section (1) of Section 10 shall contain the following particulars namely: -
(a) The name, place of business and licence number of the pawnbroker concerned;
(b) Full and detailed description of the article including weight in the case of jewels;
(c) Name and address to the pawner; and
(d) The basis on which the applicant makes his claim, that is, whether as the owner of the pledge but not holding the pawn ticket or as a person claiming to be entitled to hold the pawn ticket but alleging that it has been lost, mislaid, destroyed, stolen or fraudulently obtained from him. The notice shall be published 21 days before the date of the application for two successive days in a local newspaper circulating the place where the pawn broker carries on his business and approved by the Collector.
Rule 17 Prescribed Authority
The authority for the purpose or proviso to clause (b) of sub-section (1) of Section 10 shall be the 'Tahsildar' having the jurisdiction over the place of business of the Pawn Broker.
Rule 18 Period Within which Declaration should be delivered to the Pawn Broker
The period within which the declaration referred to in proviso to clause (b) of sub-section (1) of Section 10 shall be delivered back to the Pawn Broker shall be fifteen days after the delivery of the form of declaration to the applicant.
Rule 19 Inspecting Officers and their Powers
(1) The Licensing Authority or any Revenue Officer authorized by the Licensing Authority/Appellate Authority/government, not below the rank of Mandal Revenue Inspector shall be appointed to be the Inspectors for the purpose of the Act and they can inspect and search the business premises or shop of the Pawn Broker during the office hours;
(2) The Inspecting Officers shall exercise the powers as per the provisions laid down under Sections 17 and 18 of the Act.
Rule 20 Procedure in Auction of Pledges
The following procedure shall be observed with reference to the sale by public auction of pledges:-
(1) The auctioneer to whom the sale of a pledge by auction is entrusted shall be a person approved by the Licensing Authority.
(2) The auctioneer shall cause all pledges to be exposed to public view.
(3)
(i) The auctioneer shall print and publish a catalogue of the pledges to be sold in auction with the following particulars: -
(a) The name, place of business and licence number of the pawn broker concerned;
(b) Date of loan;
(c) Number of pledge in pledge book;
(d) Full and detailed description of the article including weight in the case of jewels.
(e) Name and address of panwer; and
(f) Date, hour and place of sale.
(ii) The printed catalogue referred to in sub-rule 3(i) shall be published in the following manner:-
(a) A copy shall be pasted at the place of business of the Pawn Broker concerned;
(b) A copy shall be given to the intending bidders;
(c) A copy shall be posted to the Pawner by Register Post With Acknowledgement Due;
(d) A copy shall be sent to the Licensing Authority and to the Tahsildar' concerned.
(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 that police station; and
(b) One copy of the printed catalogue to the Police Station or each of the police stations having jurisdiction over the place of the business of the Pawn Broker concerned for record at such police station.
(c) A copy of the printed catalogue by registered post to the pawner.
(4) The pledges of each pawn broker in the catalogue shall be separate from the pledges of any other Pawn Broker.
(5) The auctioneer shall insert in some public local newspaper both in Telugu and English approved by the Commissioner of Police in the Municipal Corporations of Hyderabad, Visakhapatnam and Vijayawada etc. or by the District Magistrate elsewhere, and advertisement giving notice of the sale and stating:
(a) The Pawn Broker's name and place of business and
(b) The months in which the pledges were pawned.
(6) The advertisement shall be published for two successive days in the same news paper and the second advertisement shall be published at least ten clear days before first days of sale.
(7) No Pawn broker or his agent shall bid for and purchase at a sale by public auction conducted under sub-section (1) of Section 13, a pledge pawned with him.
(8) The auctioneer shall, within fourteen days after the sale, deliver to the pawn brokers a copy of the catalogue or of so much thereof as relates to the pledges of that pawnbroker, filled up with the amount for which the several pledges of that pawnbroker were sold as well as the charges for the sale of each of them and authenticated by the signature of the auctioneer.
(9) The Pawnbroker shall, after receipt of the auction particulars, deliver a copy duly indicating the details and the excess amount to be paid to the Pawner with proper acknowledgment.
(10) The Pawnbroker shall preserve every such catalogue for at least three years after the auction.
Rule 21 Appellate Authority
The appellate powers under Section 23 shall vest with:
(a) The Chief Commissioner of Land Administration or any senior officer authorized by him in the Municipal/ Municipal Corporation limits of Hyderabad, Vijayawada, Visakhapatnam, Guntur, Warangal and Tirupathi.
(b) The Collectors in other areas concerned.
Form 1 FORM OF APPLICATION FOR PAWNBROKER'S LICENCE
FORM A
(Section-4 and Rule 4)
FORM OF APPLICATION FOR PAWNBROKER'S LICENCE
To
One Passport size photo of the ApplicantTo be affixed--------------------One passport size photo to be enclosed
The
Collector..........
The sub-Collector/R/D/O/..............Division.
***
(1) Name of the Applicant in Full (In Capitals
(2) Address in Full
(a) House No.
(b) Street and Village
(3) Fathers Name
(4) SSID No./voter list
No.
(5) If the applicant is native of an Indian State
(a) Full address in such Indian State and
(b) A list of the properties owned in such
state.
(6) Address of shop or place of business in
respect of which
the
license is applied for. Any subsequent changes should
be
notified before one month prior to change of premises.
(7) If the applicant has more than one shop or
place of
business,
the address of each shop or place of business.
(8) Has the applicant applied for a separate
license in respect
of each shop or place of business mentioned against item
No. 7, if
so with what result.
(9) If the present application made for grant of
new license.
(10) The financial year for which the license is
applied for
(11) Has the applicant paid the prescribed fee for
the license
(enclose DD)
Signature
of the Applicant
I solemnly
and sincerely affirm and declare that the particulars stated above are correct
to the
best of my knowledge and belief, if it were found false on a later date, I will
be liable
for any
consequences according to law and rules framed in the Act.
Signature of the Applicant.
Form 2 FORM OF APPLICATION FOR RENEWAL OF PAWN BROKERS LICENCE
FORM-B
(Sub-section (7) of Section 4 and Rule
6)
FORM OF
APPLICATION FOR RENEWAL OF PAWN BROKERS LICENCE
To
The
Collector............
The Sub-Collector/R.D.O...........Division.
***
Passport sizePhoto of theApplicant
(1) name of the
Applicant (In Capitals)
(2) Address in full (Any subsequent change should
be notified)
(a) House No.
(b) Street and Village
(3) Fathers Name
(4) SSID No./Voters List
No.
(5) The earlier license No.
(a) Date of issue of License
(b) Date on which the License will be expired.
(6) Address of shop or place of business in
respect of which
the
license is applied for (any subsequent change should
be
notified before one month prior to change of premises)
(7) If the applicant has more than one shop or place of
business,
the address of each shop or place of business.
(8) The financial year for which the renewal of
Pawn Broker
license
is applied for.
(9) ..... the applicant paid the prescribed fee for the renewal
of
license (enclose DD)
(10) Whether the applicant maintained the following
registers
and
documents correctly and proper ly:-
(a) pledge book
(b) Pawn ticket
(c) Sale book of pledges
(d) Declaration of pawn tickets last.
(e) Receipt of redemption of pledge.
Signature of the Applicant.
I solemnly
and sincerely affirm and declare that the particulars stated above are correct
to the
best of my knowledge and belief, if it were found false on a latter date, .....
will be
liable
for any consequences according to law and rules framed in this Act.
Signature of the Applicant.
Form 3 PAWN BROKER'S LICENSE
FORM C
PAWN BROKER'S LICENSE
(Section 4(2) and Rule 59(a))
RDO.......R.C.No..../........./.... date:............
P.O.No.........
Passport size photoof pawan Broker dulyattested by licenceissuing authority with seal.
I,.........Joint Collector/Sub-Collector/Revenue
Divisional Officer ............. District
Division
do hereby authorize and empower........now residing at........to carry on the
business
of Pawn Broker in premises No..........in..........District from.......upto..........and
until the
31st day of March..........on the conditions noted below:-
1. This license shall not be transferred to any
other person.
2. This license shall be produced to any police
officer, not below the rank of Sub-
Inspector of Police demanding to see the same.
3. The premises are not
frequented by thieves or persons of bad character.
4. All books, accounts and documents maintained
by the license and all pledges taken
by him
shall be open to inspection by any police officer not below the rank of Sub-
Inspector
of Police and any inspecting officer as notified under Rule 19.
5. The licensee shall not remove any article
pledged with him to any place outside the
town or
village in which he is carrying on business of a Pawn Broker except with the
permission
of the District Magistrate.
A breach
of any of the above conditions in punishable under sub-section (1) of
Section 28 of the Act.
Given
under my hand and seal this..........day of.................
Fee paid Rs. 1000/- (or) Rs. 750/-
Collector/Joint Collector............Dist. /
Revenue Divisional Officer,
Division
(Dist:....)
Office Seal
Form 4 DECLARATION WHERE PLEDGE IS CLAIMED BY OWNER
FORM D
(Section 10(1 )(a) and Rule 10)
DECLARATION WHERE PLEDGE IS CLAIMED BY OWNER
This
declaration shall not be effectual unless it is duly made and delivered back to
the
pawnbroker
not later than fifteen days after the day on which the form was delivered to
the
applicant
by the Pawn Broker.
Last date for delivery back to pawnbroker.
(Any
person making the declaration either as an applicant or identifying as an
applicant,
knowing
the same to be false in any material particulars is punishable under
sub-section
(2) of Section 10 of the Act)
I,.............in pursuance of the Andhra Pradesh Pawn Brokers Act, 2002 (Act No.6
of 2002)
do
solemnly and sincerely declare that the article/articles described below is/are
my
property
and that I believe it is/they are pledged at the shop of.............The
article/articles
above
referred to is/are of the following description.
Signature of the owner.
Designation
Address
I.......of..............In
pursuance of the said Act do solemnly and sincerely declare that I
know the
person now making the foregoing declaration to be...............
Signature of the Identifying Person.
Designation
Address
Declared
before me this ...........day...........of
Magistrate or Judge.
Form 5 DECLARATION (WHERE PAWN TICKET IS LOST ETC
FORM E
(Section 10(1 )(a) and Rule 10)
DECLARATION (WHERE PAWN TICKET IS LOST
ETC.)
This declaration shall not be effectual unless it is duly made and
delivered back to the Pawn Broker not later than fifteen days after the day on
which Pawn was delivered to the
Pawn Broker.
(any person
making the declaration either as an applicant or as identifying an applicant knowing
the same to be false in any material particular is punishable under sub-
section (2) of Section 10 of the Act)
I,..........of...........in pursuance of the Andhra Pradesh Pawn Brokers Act,
2002 (Act No.
6 of
2002).........do solemnly and sincerely declare that I pledged at the shop of................Pawn
Broker, the article/articles described below being my property and having
received a pwan-ticket for the same, which has
been..........by and that the pawn-ticket has not been sold or transferred to
any person by me or to my knowledge or belief.
The
article/articles above referred to is/are of the following description.
Signature of the pawner.
I,...............of...........in pursuance of the said Act do solemnly and sincerely
declare that
I know the
person now making the foregoing declaration to be...............of........
Signature
of identifying person
Designation
Address
Declared before
me this.....day...........of......
Magistrate or Judge.
Page No.l
Form 6 PLEDGE BOOK
FORM-F
(Section 11(1) and Rule 11)
PLEDGE BOOK
Name of the Pawn Broker:
License Number:-
Signature of the License issuing authority.
Collector/Joint Collector,..............Dist.
/
R.D.O......Division
(Dist....)
Office Seal
Page No.2.
1.
Name of the Pawn Broker
2.
License No. and Date
3.
Address
4.
Renewal of License No. and date
Date of Expiry of License
Signature of License Authority
Page No. 3
Name of the Pawner
Full Address
(1) No of Pledge
(2) Date of Loan
(3) Amount of the Principal of the Loan.
(4) Rate of Interest Charged
(5) Full and Detailed description of article.
(Pledge) (weight shall be noted in
"Dharma Kata" in case of Jeweles/Valuable articles)
(6) Value of the Articles
(7) Time agreed upon for the redemption of the pawn.
(8) Date of redemption of sale in auction.
(9) The amount of every payment received towards loan and the date.
(10) name and address and written consent of the owner if he/she is not him
self the panwer.
(11) Name and Address of person redeeming or purchasing at Sale in Auction.
Note:-
(1) All entries in the pledge book except column No. 7, 8, 9 and 10 respecting each pledge shall be made on the day of the pawning there off.
(2) If the pledge articles are women wearing Jewels/articles the written consent of the women in the pledge book in addition to pawner shall be made separately.
Date:
Signature of the Pawner
Signature of the Pawn broker
Form 7 PAWN TICKET
FORM G
(Section 11(1)(b) and Rule 12)
PAWN
TICKET
Number of pledge.
Number and
address of Pawn Broker
Number and date of license of Pawn Broker.
The following
article/articles is/are pawned with me:
1. Name and full address of panwer.
2. Date
3. Amount of principal of the loan.
4. Rate of interest charged.
5. Full and detailed description of the
articles (weight as per the
"Dharma
Kata" to be noted in the case of jewels)
6. Value of article or articles.
7. The time agreed upon for redemption of the
articles.
8. Signature or thumb impression of the pawner.
Signature of Pawn Broker or his Agent.
(PTO)
(Reverse)
1. The rate of interest on any pledge shall not
exceed-
(a) No pawn broker shall charge interest on any
loan at a rate exceeding by more than
two
percent the rate charged by commercial banks on similar loans.
(b) The total interest payable on a Loan shall
not exceed the quantum of the Principal.
2. Every pledge shall be redeemable within a
period of two years or such longer period
as may be provided in the contract between
the parties from the day of pawning (exclusive
of that day) and shall continue to be
redeemable during ten days of grace following the said period.
3. If the pledge is not redeemed within the
period of redemption and the days or grace
mentioned
in paragraph 2 it will, at the end of the days of grace the Pawn Broker got the
right to
sell it in public auction only.
4. The holder of the ticket is presumed to be
the person entitled to redeem the pledge.
5. If this ticket is lost, mislaid, destroyed or
stolen or fraudulently obtained from the
pawner, the pawner
should at once apply to the Pawn Broker for the supply, free of cost,
of a printed
form of declaration to be made before a Magistrate or a Judge, complete it and
deliver it back to the Pawn Broker not latter than 15 days after the date of
the delivery of
the form
to the pawner by the Pawn Broker. The pawner will then have the same rights and remedies as if he
had produced the pawn-ticket.
6. Where the loan exceeds ten thousand rupees,
the applicant should, before applying
to the
Pawn Broker, cause to be published a notice containing the following
particulars
namely:-
(a) The name, place of business and license
number of the Pawn Broker concerned.
(b) Full and detailed description of the article
(weight to be noted in the case of jewels)
(c) Name and address of the pawner;
and
(d) The basis on which the applicant makes his
claim, that is, whether as the owner of
the
pledge but not holding the pawn-ticket, or as a person claiming to be entitled
to
held the
pawn-ticket but alleging that it has been lost, mislaid, destroyed, stolen or
fraudulently obtained from him.
Such
notice shall be published on two successive days in a newspaper circulating in
the
place
where the Pawn Broker carries on his business and approved by the District
Magistrate.
The application for the form of declaration should be made 21 days
after the publication
of the notice.
Form 8 SALE BOOK OF PLEDGE
FORM H
(Section 11 (1)(b)(ii) and Rule (12))
SALE BOOK OF PLEDGE
Date and place of sale:
Name and place
of business of auctioneer:
1. Number of pledges as in the pledge book.
2. Date of pawning
3. Name of Pawner.
4. Amount of loan.
5. Amount for
which pledge was sold as stated by the Auctioneer.
6. Signature of auctioneer or his agent.
7. Name and address
of purchaser.
Form 9 RECEIPT ON REDEMPTION OF PLEDGES
FORM I
(Section 11 (1)(b)IV and Rule (12)
RECEIPT ON REDEMPTION OF PLEDGES
Received from..................on
redemption of pledge number.............
Amount of loan
Interest
Total:
Signature of Pawn Broker or his Agent.
Form 10 Certificate of the pawnbroker or his agent
FORM J
(Section 11 and Rule 13)
Certificate
of the pawnbroker or his agent
I Certify that the above is a true copy of the account maintained
under clause (a) of sub-section (1) of Section 11 of the Andhra Pradesh Pawn Brokers Act, 2002 for
the loan of Rs............. taken by....... On ........ (date) and that there
are no alterations or erasers in
the
account, except the following:
Signature of Pawn Broker or his Agent.
Form 11 Certificate of a person other than the Pawn Broker or his Agent
FORM K
[Rule 13]
Certificate
of a person other than the Pawn Broker or his Agent
I certify
that I have compared the above copy with the original account in the custody
of the
Pawn Broker and found it to be correct.
Signature:
Designation:
Address: |
