Section 91 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
91. Procedure for sale of property by tender.
(1)Where any property is to be sold by inviting tenders, the Settlement Commissioner, the Managing Officer or any other officer authorised by the Settlement Commissioner for the purpose shall invite sealed tenders for the property and the invitation for tenders shall specify-(i)the amount to be deposited by the tenderers as earnest money;Provided that such earnest money shall not be more than 20 per cent of the amount tendered:(ii)a brief description of the property to be sold, its location and boundaries where possible, and any other particulars which may be material:(iii)the period within which tenders are to be received:(iv)the date, time and places fixed for the opening of tenders;(v)the terms and conditions of the tender as set forth in the provisions hereinafter appearing; and(vi)Any other relevant information.(2)Tenders shall be opened by the Settlement Commissioner, the Managing Officer or any authorised officer on the date and at the time and place fixed for the opening of tenders in the presence of all those tenderers who may wish to be present.(3)The Settlement Commissioner shall not be bound to accept the highest or any other tender and shall not be bound to disclose his reasons therefor. Every tenderer shall be bound by his offer and shall, if he resiles from such offer, be liable to forfeit his deposit of earnest money. The decision of the Settlement Commissioner with regard to the forfeiture of earnest money shall be final.(4)When a tender has been accepted by the Settlement Commissioner or an officer empowered by him in this behalf, the tenderer shall produce before the managing officer or other officer appointed by the Settlement Commissioner for the purpose within fifteen days of the intimation to him of the acceptance of the tender, a challan evidencing a deposit into the treasury of the balance of the purchase money.(5)The balance of the tender amount may be adjusted against the compensation due to the purchaser in the same manner as the balance of purchase money may be adjusted when a sale takes place by public auction under rule 90.(6)The final acceptance of the tender shall be subject to approval of the Settlement Commissioner or an officer appointed by him for the purpose.(7)The provisions of sub-rules 12, 13 and 14 of rule 90 shall, as far as may be apply in relation to the sale of a property by tenders under this rule, as they apply in relation to the sale of a property by a public auction under that rule.(8)Where any property purchased by any person under this rule and the full purchase price has been paid by him or adjusted against the compensation as provided in sub-rule (5) a deed of transfer shall be executed in the form specified in Appendix XXIV or XXV, as the case may be.If the tenderer is a displaced person and has associated with himself any other displaced person having a verified claim whose net compensation is to be adjusted in whole or in part against the purchase price, the deed of transfer shall be made out jointly in the name of all such persons and shall specify the extent of interest of each in the property.
