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 1Telangana Co-operative Societies Act, 1964 or the 2Telangana Mutually Aided Co-operative Societies Act, 1995.
(4) “Government” means the State Government of 3Telangana.
(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.
(8) “Loan” means an advance whether of money or in kind at interest and includes any transaction which the Court finds in substance to amount to such an advance but does not include,-
(a) a deposit of money or other property in a Government Post Office Savings Bank or in a Bank or in a Company as defined in the 4Companies Act, 1956 or with a Co-operative Society;
(b) an advance made to any loan floated by the Government of India or the Government of any State;
(c) an advance made by a Bank or a Co-operative Society or an advance made from a provident fund to which the Provident Funds Act, 1925 applies;
(d) an advance made by the Government or by any person authorised by the Government to make advances on their behalf or by any local authority;
(e) an advance made by any authority specified by the Government by notification;
(f) an advance made by a trader bonafide carrying on any business, other than Pawn-Broking, if such loan is advanced in the regular course of such business;
(g) an advance made to its members by any Nidhi or Permanent Fund registered under Chit Fund scheme or Chit.
(9) “Members of weaker sections” means any individual whose total income from all sources put together does not exceed rupees eleven thousands per annum.
(10) “Notification” means a notification published in the 3Telangana Gazette and the word “notified” shall be construed accordingly.
(11) “Pawn Broker” means a person who carries on the business of taking goods and chattels in pawn for a loan.
Explanation:- Every person who keeps a shop for the purpose of sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattels may be afterwards repurchased on any term is a Pawn Broker within the meaning of this clause.
(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.
(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 1Telangana Co-operative Societies Act, 1964 or the 2Telangana Mutually Aided Co-operative Societies Act, 1995.
(4) “Government” means the State Government of 3Telangana.
(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.
(8) “Loan” means an advance whether of money or in kind at interest and includes any transaction which the Court finds in substance to amount to such an advance but does not include,-
(a) a deposit of money or other property in a Government Post Office Savings Bank or in a Bank or in a Company as defined in the 4Companies Act, 1956 or with a Co-operative Society;
(b) an advance made to any loan floated by the Government of India or the Government of any State;
(c) an advance made by a Bank or a Co-operative Society or an advance made from a provident fund to which the Provident Funds Act, 1925 applies;
(d) an advance made by the Government or by any person authorised by the Government to make advances on their behalf or by any local authority;
(e) an advance made by any authority specified by the Government by notification;
(f) an advance made by a trader bonafide carrying on any business, other than Pawn-Broking, if such loan is advanced in the regular course of such business;
(g) an advance made to its members by any Nidhi or Permanent Fund registered under Chit Fund scheme or Chit.
(9) “Members of weaker sections” means any individual whose total income from all sources put together does not exceed rupees eleven thousands per annum.
(10) “Notification” means a notification published in the 3Telangana Gazette and the word “notified” shall be construed accordingly.
(11) “Pawn Broker” means a person who carries on the business of taking goods and chattels in pawn for a loan.
Explanation:- Every person who keeps a shop for the purpose of sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattels may be afterwards repurchased on any term is a Pawn Broker within the meaning of this clause.
(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.
1. Adapted by G.O.Ms.No.53, Agriculture & Co-operation (Coop.II) Department, dated 20.05.2016.
2. Adapted by G.O.Ms.No.28, Agriculture & Co-operation (Coop.II) Department, dated 19.04.2016.
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4. See now the related provisions of the Companies Act, 2013 (Central Act 18 of 2013).