Section 5 in West Bengal Land Reforms Rules, (Bargadars) Rules, 1956
5. Authority to sell land under section 17(2); procedure and terms and conditions of the sale.
(1) The prescribed authority referred to in sub-section (2) of section 17 shall be the officer .or authority appointed by the State Government to decide disputes referred to in sub-section (1) of section 18.(2)In deciding any matter referred to in sub-section (2) of section 17, the person owning the land in question and the bargadars concerned shall be given an opportunity of being heard.(3)Before making any order for sale of the land, the prescribed authority referred to in sub-section (2) of section 17 shall determine the market price of the land and then make an offer to the bargadar evicted under clause (d) of sub-section (1) of section 17 to take the land at such price. If the bargadar accepts the offer but is unable to pay the price at the time, provision shall be made in the order for sale allowing him to make the payment in equal annual instalments not exceeding ten with interest at three and one-eighth per centum per annum to be paid on such dates as may be specified in the order :Provided that the first instalment shall be payable on a date not later than the first day of Baisakh next following the date of the order.(4)On payment of the price at a time or the first instalment, as the case may be, the prescribed authority referred to in sub-section (2) of section 17 shall make a further order that the land has been transferred to the bargadar by sale and on such order being made the land shall vest in the bargadar with effect from the first day of Baisakh next following the date of the order.(5)The amount ordered to be paid by instalments shall be a charge on the land in respect of which the order has been made.(6)Where a bargadar is unwilling to take the land at the market price or for any other reason, the prescribed authority referred to in sub-section (2) of section 17 shall sell the land by public auction to the highest bidder amongst other persons after giving publicity of the sale by beat of drums as well as by affixing copies of the notice of sale in a conspicuous place on the land, and in the notice board of the local Union Board and the sub-divisional civil and criminal courts of the district concerned. On such sale being made, the land shall vest in the purchaser with effect from the first day of Baisakh next following the date of the sale.
