Back
TAMIL NADU PAWNBROKERS AND DEBT RELIEF LAWS
TAMIL NADU PAWNBROKERS AND DEBT RELIEF LAWS
(Amendment) Act, 1980 Tamil Nadu Act 35 of 1980
Received the assent of the President on 13th October 1980 and published in the Tamil Nadu Government Gazette Extraordinary to Part IV Section 2 dated 23-10-1980 at pages 185-190, for statement of objects and Reasons see Tamil Nadu Government Gazette Extraordinary to Part IV Section 1 dated 16-7-80 at pages 149-155.
An Act further to amend the Tamil Nadu Pawnbrokers Act and the Debt Relief Laws in force in the State of Tamil Nadu.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty first year of the Republic of India as follows:
1. Short title and commencement.— (1) This Act may be called the Tamil Nadu Pawnbrokers and Debt Relief Laws (Amendment) Act. 1980.
(2) Clauses (1) and (3) of section 3 [Clauses (1) and (3) of section 3 means clause (C) of sub-section (2-A) of section 5 and clause (C) of sub-section (1 A) of section 7 of the Tamil Nadu Debt Relief Act 1976 (President's act 31 of 1976)] shall be deemed to have come into force on the 13th day of June 1980 and the rest of this Act shall come into force at once.
6. Stay of certain proceedings Notwithstanding anything contained in any law for the time being in force every proceeding for the execution of a decree (other than the making of an application for the execution of a decree) including proceeding consequent on orders or decrees made in appeals, revision petitions or applications for review, for the recovery of any amount of debt (including interest, if any) which has been scaled down in accordance with the provisions of the Tamil Nadu Debt Relief Act, 1979 (Tamil Nadu Act 40 of 1979) (hereafter in this section referred to as the said Act), pending on the date of publication of this Act in the Tamil Nadu Government Gazette (hereafter in this section referred to as the said date), against any person who is a debtor within the meaning of said Act, shall, subject to the next succeeding sub-section, stand stayed until the expiry of six months from the said date and where are an application has been made by the judgement - debtor under sub-section (2) of section 10-A of the said Act, until the final disposal of the said application:
Provided that nothing in this sub-section shall apply to the sale, in respect of any such debt, of —
(ii) any immovable property confirmed before the said date:
Provided further that, nothing in this sub-section shall apply to any proceeding in respect of any debt secured by any mortgage of the description referred to in sub-section (1) of section 9 of the said Act.
(2) Nothing contained in the section shall be deemed to invalidate any proceeding in which the order passed has been executed or satisfied in full before the said date.
