Section 53(11) in Jammu and Kashmir Co-operative Societies Rules, 2001
(11)The attachment and sale or sale without attachment of immovable property the following procedure shall be observed:(a)The application presented under sub-rule (3) shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or numbers in record of settlement of survey, the specification of such boundaries or number in a record of settlement or survey, the specification of such boundaries or numbers and the specification of the defaulters share or interest in such property to the best of the decree holder and so far as he has been able to ascertain it.(b)The demand notice issued by the Recovery Officer under sub-rule (3) shall contain the name of the defaulter, the amount due including the expenses if any, and the batta to be paid to the person who shall serve the demand notice, the time allowed for payment, and in the case of non-payment the particulars of the properties to be attached and sold or to be sold without attachment as the case may be . After receiving the demand notice, the sale officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place of residence, or upon his authorised agent or if such service is not possible shall affix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment, as the case may be:Provided that where recovery officer is satisfied that a defaulter with intent to defeat or delay the execution proceeding against him is about to dispose of the whole or any part of his property, the demand notice issued by the recovery officer under sub-rule (3) shall not allow any time to the defaulter for payment of the amount due by him and the property of the defaulter shall be attached forthwith.(c)If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the sale officer shall proceed to attach and sell, or sell without attachment, as the case may be, the immovable property noted in the application for execution in the following manner.(d)Where attachment is required before the sale, the sale officer shall, if possible, cause a notice of attachment to be served on the defaulter personally. Where personal service is not possible, the notice shall be affixed, in some conspicuous part of the defaulter's last known residence, if any. The fact of attachment shall also be proclaimed by beat of drum or other customary mode at some place on or adjacent to such property and at such other places as the recovery officer may consider necessary to give due publicity to the sale. The attachment notice shall set forth that, unless the amount due with interest and expenses be paid within the date therein mentioned, the property will be brought to sale. A copy shall be sent to the decree holder. Where the sale officer so directs, the attachment shall also be notified by public proclamation in the Government Gazette.(e)Proclamation of sale shall be published by affixing a notice in the office of the recovery officer and the Tehsil Office at least thirty days before the date fixed for the sale and also by beat of drum in the village, on two consecutive days previous to the date of sale and on the day of sale prior to the commencement of sale such proclamation shall where attachment is required before sale, be made after the attachment has been effected. Notice shall also be given to the decree-holder and the defaulter. The proclamation shall state the time and place of sale and specify as fairly and accurately as possible,(i)the property to be sold;(ii)any encumbrances to which the property is liable;(iii)the amount for the recovery of which the sale is ordered; and(iv)Other matters which the sale officer considers essential for a purchaser to know in order to judge the nature and value of the property.(f)When an immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree-holder shall, when the amount for the realization of which the sale is held exceeds Rs. 100/-, furnish to the sale officer within such time as may be fixed by him or by the recovery officer an encumbrance certificate for registration department for the period of not less than twelve year's prior to the date of attachment of the property sought to be sold or in cases falling under the proviso to the sub-rule (10), prior to the date of application of execution. The time for production of the encumbrance certificates may be extended at the discretion of the sale officer or the recovery officer as the case may be. The sale shall be by public auction to the highest bidder, provided that it shall be open to the sale officer to decline to accept the highest bid where the prices offered appears to be unduly low or for other reasons and provided also that the recovery officer or the sale officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reasons and provided also that the recovery officer or the sale officer may, in his discretion, adjourn the sale to a specified day and hour recording his reason for such adjournment. While a sale is so adjourned for a longer period than 7 days, a fresh proclamation under clause (e) shall be made unless the judgement debtor consents to waive it. The sale shall be held after the expiry of not less than thirty days, calculated from the date on which notice of the proclamation was affixed in the office of the recovery officer. The time and place of sale shall be the village where the property to be sold is situated or such adjoining prominent place of public resort as may be fixed by the said recovery officer:Provided that in case where an encumbrance certificate is not obtainable owing to the destruction of the connected records and affidavit from the village Patwari in regard to the encumbrances known to him supported by a certificate from the Registration Department that the encumbrance certificate cannot be granted owing the destruction of the connected records, shall be accepted in the place, of an encumbrance certificate.(g)A sum of money equal to 15 percent of the price of the immovable property shall be deposited by the purchaser in the hands of the sale officer at the time of the purchase, and in default of such deposit, the property shall forthwith be sold:Provided that where the decree-holder is the purchaser and is entitled to set off the purchase money under clause (k) the sale officer shall dispense with the requirements of the rules.(h)The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale:Provided that the limit for such repayment may be at the discretion of the recovery officer for a period of 10 days from the date of sale:Provided further that in calculating the amounts to be paid under this clause, the purchaser shall have the advantage of any set off to which he may be entitled under clause (k).(i)In default of payment within the period mentioned in the preceding clause the deposit may, if the recovery officer thinks fit after defraying the expenses of the sale be forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property, or to any part of the sum for which it may subsequently be sold.(j)Every resale of immovable property in default of payment of the amount mentioned in clause (h) within the period allowed for such payment, shall be made after the issue of a fresh proclamation in the manner and for the period therein before prescribed for the sale.(k)Where a decree-holder purchases the property, the purchase money and the amount due on the decree shall be set off against the another and the sale officer shall make entry regarding satisfaction of the decree in whole or in part accordingly.
