Section 8 of The Tamil Nadu Pawnbrokers Act, 1943 — Conditions of redemption of pledge

(1) In the absence of a decree or an order of a civil court, or an order of a magistrate or an officer of police not below the rank of sub-inspector prohibiting the delivery by the pawnbroker, of the pledge, to the pawner, the pawner shall, on production of the pawn-ticket and on payment of the sum legally payable in respect thereof, be entitled to the delivery of the pledge. (2) On a declaration in the prescribed form from the pawner that the right to redeem the pledge has been transferred to, or invested in, some other person and on a declaration from that other person that he is in possession of the pawn-ticket and that he is entitled to redeem the pledge, the pawnbroker shall cause an endorsement to be made on the pawn-ticket that the holder thereof is such other person, and shall cause the necessary entry to be made in the pledge book and thereafter the former person's right to redeem shall be extinguished and such other person shall be deemed to be the pawner for the purposes of this section. (3) Where a person claiming to be the messenger or agent of the pawner produces the pawn-ticket and offers to redeem the pledge, the pawnbroker may, after obtaining from the person so claiming, a declaration in the prescribed form, allow redemption if the pawnbroker is satisfied that the person who claims to be such messenger or agent is in fact such messenger or agent: Provided that such pawnbroker shall remain liable to compensate the pawner if it be found later that such messenger or agent had not in fact been duly authorised by the pawner to redeem the pledge: Provided further that, where a person claiming to be the messenger or agent of the pawner produces the pawn-ticket and offers to redeem the pledge, the pawnbroker may send a notice in the prescribed form by registered post to the pawner to the address left by the pawner with the pawnbroker, and if he does not hear anything from the pawner contrary to the claim within two weeks after the date on which the notice would in the usual course of post reach the pawner, the pawnbroker may allow the person claiming to be such messenger or agent to redeem the pledge and shall in that event be exonerated from further liability to the pawner or any person claiming under him. (4) (a) Where the pawner is dead and a person produces the pawn-ticket claiming to be the legal representative of the pawner and offers to redeem the pledge, the pawnbroker shall allow such redemption, after obtaining from such person-(i) a declaration in the prescribed form duly made by such person before any magistrate or judge; and(ii) a bond duly executed by such person with one or more sureties to the satisfaction of the pawnbroker or of such authority or person as may be prescribed in this behalf, agreeing to indemnify the pawnbroker in respect of any liability which may be incurred by him by reason of delivering the pledge or otherwise acting in conformity with the declaration: Provided that no such bond shall be necessary if such person produces a decree of a civil court having jurisdiction for the redemption of the pledge, authorising him to redeem the pledge as the legal representative of the pawner and in any such case, the pawnbroker shall allow redemption. (b) The amount of every bond executed under clause (a) shall be fixed with due regard to the circumstances of the case and shall not be excessive. (5) Where a person comes into possession of a pawn-ticket as the assignee of the pawner, such person shall give notice of such assignment to the pawnbroker in the prescribed form, but the pawnbroker shall not be bound to recognize the claim of such person to redeem the pledge unless the pawner intimates to the pawnbroker the fact of such assignment or unless the pawnbroker, after having sent a notice in the prescribed form by registered post to the pawner to the address left by the pawner with the pawnbroker intimating to him the claim made under the alleged assignment, does not hear anything from the pawner contrary to the claim within two weeks after the date on which the notice would in the usual course of post reach the pawner. (6) Where the pawner alleges that the pawn-ticket has been lost or destroyed and claims redemption of the pledge, the pawnbroker shall, after obtaining from the pawner, a declaration in the prescribed form allow such redemption unless the pawnbroker has received intimation from any other person that he is in possession of the pawn-ticket and is entitled to redeem the pledge: Provided that, before allowing such redemption, the pawnbroker may insist on security to his satisfaction or to the satisfaction of such authority or person as may be prescribed in this behalf being given by the pawner against possible claim by any other person. (7) Where a person claims to be the owner of a pledge and alleges that the pledge was pawned without his knowledge or authority, the pawnbroker shall take a declaration from such person in the prescribed form, and send a notice in the prescribed form by registered post to the pawner to the address left by the pawner with the pawnbroker, and similarly to every other person who has made any claim to the pawnbroker of being entitled to redeem the pledge, and if the pawnbroker does not receive any communication In the principal Act, in sub-section (1) for clause (a), the following clause shall be substituted : " (a) Where a pledge has been sold for more than the amount of the loan and the interest and prescribed charges due at the time of sale, the pawnbroker shall, within thirty days after the sale, pay to pawner by money order after deducting therefrom the deficit, if any, referred to in this section, the costs and the prescribed charges of the sale. If the same is returned undeliuered, the pawnbroker shall pay the amount so returned to the balder of the pawn-ticket on demand made within six months after the sale."; (2) in clause (b), the jvords "on sucb demand" shall be omit$tsd ; (3) after clause (b), the following clauses sball be added, namely :"(c) If the surplus amount is not paid and no demand for the same is bade within six months after the sale, the pawnbroker shall deposit the amour* with the State Govesnment as revenue deposit and shall intirate Iha fact of suoh deposit to the licensing authority.(d) The surplus amount so deposited by the pawnbroker under clause(e) sball be dealt with by the licensing authority in accordance with such rul'es as my be made by the State Government in this behalf.".