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Section 253

Purpose and scope of this Chapter

of National Land Code (Revised - 2020)

ActIn forceProvision 244 of 391
Section 253

(1)

The provisions of this Chapter shall have effect for the purpose of enabling any chargee to obtain the sale of the land or lease to which his charge relates in the event of a breach by the chargor of any of the agreements on his part expressed or implied therein.

(2)

The powers conferred by this Chapter shall be additional to those conferred by Chapter 4, and no chargee shall be debarred from exercising them by reason of the fact that he has already taken action under that Chapter.

(3)

In this Chapter—

“bidder” means only one natural person, one corporation or one single body and does not include the chargor;

“chargee” includes a financial institution;

“financial institution” means any licensed bank, licensed finance company or licensed merchant bank as defined in the *Banking and Financial Institutions Act 1989 [Act 372], a bank under the

**Islamic Banking Act 1983 [Act 276], any co-operative society carrying on the business of financing and any statutory body established under any Federal or State law acting as chargee under this Act; and

“purchaser” means the successful bidder.

(4)

For the purposes of this Chapter, the chargor or chargee may appoint any person or body to perform his duties or take action on his behalf and notice of any such appointment shall be given in writing to the Registrar of the Court or the Land

Administrator, as the case may be.

* The Banking and Financial Institutions Act 1989 [Act 372] has been repealed by the Financial

Services Act 2013 [Act 758] which comes into operation on 30 June 2013—see section 271

of Act 758.

** The Islamic Banking Act 1989 [Act 276] has been repealed by the Islamic Financial Services

Act 2013 [Act 759] which comes into operation on 30 June 2013—see section 282 of Act 758.

270

National Land Code 403

Notice Before Sale