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State of Bihar - Section

Section 26 in Bihar and Orissa Public Demand Recovery Rules

26. Mode of making proclamation.

(1)Every proclamation for the sale of immovable property shall be made at some place on or near such property by beat of drum or other customary mode, and a copy of the proclamation shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the office of the Certificate Officer. A copy of the proclamation shall also be sent by registered post to the certificate-debtor or, if there be more than one certificate-debtor, to such one or more of them as the Certificate Officer may select in this behalf.Note. - When the several certificate-debtors are reasonably, near neighbours it would ordinarily suffice to send by registered post one copy of the proclamation, the recipient being selected on the basis of such considerations as the degree of interest, where the interests vary, age, if known and sex.Where, however, one or more of the certificate-debtors resides or reside at a distance from the recipient first selected the Certificate Officer should consider carefully the desirability of issuing supplementary copies.
(2)Where the Certificate Officer so directs; such proclamation, shall also be published in the Official Gazette or in a local newspapers, or in both; and the costs of such publication shall be deemed to be costs of the sale.
(3)If a tenure of a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885, is in * * * * * in force is to be sold in execution of a certificate from arrears of rent due in respect thereof, the proclamation shall be published in the Malkachari or rent office of the estate and at the local thana.
(4)Where property is divided into lots for the purpose of being sold separately it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Certificate Officer, otherwise be given.