National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Remedies of chargees: Sale
262. Provisions as to enquiry
Feedback & supportNo persons or bodies other than the chargor or chargee or in his or their absence a person or body appointed by the chargor or chargee under subsection 253(4), shall be entitled to be heard, or to adduce evidence, at any enquiry under section 261
enquiry
“enquiry” means an enquiry held under any provision of this Act. National Land Code 95 Provisions of the National Land Code Modification Paragraph 20(b) In its application to the Federal Territory of Labuan, delete the words “Land Administrator,”. Section 23 In its application to the Federal Territory of Labuan, in the definition of “Land Administrator”, delete the words “, the Registrar”.
(and accordingly, the chargor and the chargee or the person or body appointed, as the case may be, shall be entitled to apply for a postponement or change of venue under subsection 28(2), or to receive notice under subsection (4) of that section of any cancellation, postponement or change of venue).
If the chargee fails to appear at the time fixed for the hearing of any such enquiry, the Land Administrator shall dismiss the application.
Land Administrator
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
If the chargee appears, but not the chargor, the Land
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Administrator—
if satisfied that a summons to appear was duly served on the chargor, and in sufficient time to enable the chargor to appear and answer, shall proceed with the hearing ex parte;
if not so satisfied, shall adjourn the hearing to a later date, and cause a fresh summons to be served.
Where there are more chargees than one, and some only of them appear, or more chargors than one, and some only of them appear, the Land Administrator may at his discretion proceed with the hearing or adjourn it to a later date.
The dismissal of any application pursuant to subsection (2)
shall be without prejudice to the making by the chargee of a fresh application on the same grounds; but if the chargor appeared at the time fixed for the hearing, the application shall not be entertained until the chargee has paid to the chargor the costs of that appearance, as allowed by the Land
Administrator.
278
National Land Code 413
Provisions of the
National Land Code
Modification
Section 262
In its application to the Federal Territory of Labuan, delete these sections.
Provisions of the
National Land Code
Modification
Section 263
In its application to the Federal Territory of Labuan, delete these sections.
National Land Code
National Land Code 415