Section 28 in Bihar and Orissa Public Demand Recovery Rules
28. Adjournment or stoppage of sale.
(1)The Certificate Officer may in his discretion adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:Provided that, where the sale is made in, or within the precincts of, the office of the Certificate Officer, no such adjournment shall be made without the leave of the Certificate Officer.(2)Where a sale is adjourned under sub-rule (1) for a longer period than seven days, a fresh proclamation under Rule 26 shall be made, unless the certificate-debtor consents to waive it.Note. - The board has recently had under consideration the question whether in view of Rule 28(2) of Schedule II of the Public Demands Recovery Act, IV of 1914, a fresh proclamation is necessary in a case where there is a series of short postponement each less than seven days, which taken together in the aggregate amount to more than seven days. It has now been decided in consultation with the Superintendent and Remembrancer of Legal Affairs, Bihar, that in such a case a fresh proclamation should be issued unless the certificate-debtors consent to waive the right in this respect. The attention of all District Officers is invited to the decision.(3)Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid to the Certificate Officer who ordered the sale.
