P.D.DINAKARAN
Samarasa Mutual Benefit Fund Limited, Madras and Etc – Appellant
Versus
State of Tamil Nadu and Another – Respondent
The Order of the Court was as follows :
The Tamil Nadu Pawn Brokers Act, 1943, (hereinafter referred to as the 'Act') was enacted to regulate and control the business of Pawn Brokers in the State of Tamil Nadu. The said Act got the assent of the Governor General on the 8th Nov. 1943 and published in the Fort St. George Gazette on 23rd Nov. 1943.
2. As per Section 3 of the Act, no person shall, after the expiry of three months from the date on which the provision of this Act came into force in any area, carry on or continue to carry on business as pawn broker at any place in such area, unless he has obtained a pawn brokers licence under this Act. The explanation to Section 3 of the Act makes it clear that where a pawn broker has more than one shop or place of business. whether in the same town or village or in different towns and villages, he shall obtain a separate pawn brokers licence in respect of each such shop or business.
3. Section 22 of the Act enables the State Government to make rules to carry out the purposes of this Act. Accordingly, the Tamil Nadu Pawn Brokers Rules, 1943, (hereinafter referred to as the 'Rules') were framed in G.O. Ms. 2064, Development, dated
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