Pawnbrokers Order, 2002 · As enacted
27. Failure to repay loan
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), if the pawner fails to repay the loan after the expiry of 6 months from the period of one year mentioned in section 13, the pawnbroker shall, with the approval of the Court, sell or auction the article pawned, on giving the pawner and the public reasonable notice of the sale or auction, or shall dispose of it in such other manner and upon such conditions as the court may approve.
pawner
“pawner" means a person who delivers an article to a pawnbroker as security for getting loan thereon.
If the proceeds of the sale or auction referred to in subsection (1), are less than the amount due to the pawner, the pawner is still liable to pay the balance. If the proceeds of the sale or auction are greater than the amount so due, the pawnbroker shall pay over surplus to the pawner subject to subsection (1) of section 18.
pawnbroker
"pawnbroker" means any person who, under a valid licence, carries on the business of receiving articles from pawners as security and grants them loans under the provisions of this Order;
In this section, "Court" means the Syariah Subordinate Courts, the
Syariah High Court or the Syariah Appeal Court, as the case may be, established under subsection (1) of section 6 of the Syariah Courts Act (Chapter 184).
Terms defined in s 2
pawnbroker
Defined · s 2"pawnbroker" means any person who, under a valid licence, carries on the business of receiving articles from pawners as security and grants them loans under the provisions of this Order;
pawner
Defined · s 2“pawner" means a person who delivers an article to a pawnbroker as security for getting loan thereon.