Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Goa - Section

Section 2 in The Goa, Daman and Diu Disposal of Immovable Evacuee Property Rules, 1977

2. Procedure for sale of immovable evacuee property by public auction.

(1)Where any immovable property is to be sold by auction, it shall be sold through an Officer appointed or auctioneer approved by the Government.
(2)The terms and conditions on which auctioneers may be appointed shall, from time to time, be determined by the Government.
(3)The Custodian or any Officer authorised by him in his behalf shall cause a proclamation of the intended sale to be made in English or Marathi or Konkani in the District of Goa and English Gujarati in the District of Daman and Diu.
(4)Notice of the intended sale shall be given 30 days before the proposed sale and every such notice shall set the date, time and place of proposed sale, the description of the immovable property to be sold, its locations and boundaries where possible the terms and conditions of sale any other particulars which the Custodian or any other Officer considers material.
(5)One copy of the notice shall be affixed on conspicuous part of the immovable property to be sold. It shall be in the discretion of the Custodian to advertise the sale in newspapers or in such other manner as he may deem fit.
(6)Every auction of the immovable property under these rules shall be subject to a reserve price fixed in respect of the immovable property and such reserve price may not be disclosed.
(7)The Officer conducting the auction may, in his discretion with-hold the sale of any immovable property without assigning any reasons therefor.
(8)The officer conducting the auction may, at his discretion, for reasons to be recorded in writing, adjourn the sale to a specified date and hours and an announcement to that effect shall be made at the time of the adjournment for the sale provided that when the sale is adjourned for a period extending fourteen days, a fresh notice shall be published.
(9)No Officer or other persons having any duty to perform in connection with the valuation or sale of any immovable property shall either directly or indirectly bid for or otherwise acquire any interest in such immovable property.
(10)The person declared as the highest bidder for the immovable property, at the auction shall pay in cash or Bank Draft or in any such other form as may be required by the Custodian or the Officer conducting the sale, immediately on the fall of hammer, a deposit not exceeding twenty per cent of the amount of his bid to the Officer conducting the sale and in default of such deposit the property may be re-sold.
(11)The bid in respect of which the initial deposit has been accepted shall be subject to the approval of the Custodian or an Officer, appointed by him for the purpose:Provided that no bid of immovable property shall be approved until after the expiry of a period of 7 days from the date of auction.
(12)Intimation of the approval of the bid of its rejection shall be given to the highest bidder (hereinafter referred to as "auction purchaser") by registered post acknowledgement due and the auction purchaser shall, where the bid has been accepted, be required within 15 days of the receipt of such intimation to deposit the balance of the purchase money:Provided that the Custodian or other officer appointed by him may, for reasons to be recorded in writing extend the aforesaid period of 15 days by such period as the Custodian may think fit.
(13)If the auction purchaser does not deposit the balance of the purchase money within the period specified in sub-rule (12), the initial deposit made by the auction purchaser under sub-rule (10) shall be liable to forfeiture and the Custodian shall be entitled to re-sell the immovable property at the risk and cost of the defaulting auction purchaser.
(14)Where the purchase price has been realised in full from the auction purchaser, the Custodian shall issue to him, a Sale Certificate which shall be stamped and registered at the cost of the auction purchaser.