Section 72(11) in The Punjab Co-operative Societies Rules, 1963
(11)In the attachment and sale without attachment of immovable property the following procedure shall be observed:-(a)The application presented under sub-rule (3) shall contain a description of the immovable property to be proceeded against, sufficiation for its identification and in case such property can be identified by boundaries or numbers in a record of settlement or survey, the specification of such boundaries or numbers and the specification of the defaulter's share on interest in such property to the best of the belief of the decree-holder and so far as he has been able to ascertain it.(b)The demand notice issued by the Recovery Officer under sub-rule (3) shall contain the name of the defaulter, the amount due, including the expenses, if any, the time allowed for payment and in case of non-payment the particular of the properties to be attached and sold or to be sold amount attachment, as the case may be. After receiving the demand notice, the Sale Office shall serve the cause to be served a copy or the demand notice upon the defaulter or upon some adult male member of his family at his usual place of residence, or upon his authorised agent or, if such personal service is not possible shall affix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment as the case may be:Provided that where the Recovery Officer is satisfied that a defaulter with intent to defeat or delay the execution proceedings against him is about to dispose of the whole or any part of his property the demand notice issued by the Recovery Officer under sub-rule (3) shall not allow any time to the defaulter for payment of the amount due by him and the property of the defaulter shall be attached forthwith.(c)If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the Sale Officer shall proceed to attach and sell, or sell without [attachment, as the case may be, the immovable property noted in the application for execution in the manner specified below.] [Word substituted by Punjab Government Gazette Notification dated 18.2.86 [(Section 15 (b)(i)]](d)Where attachment is required before sale, the Sale Officer shall, possible, cause a notice of attachment be served on the defaulter personally. Where personal service is not possible, the notice shall be affixed in some conspicuous part of the defaulter's last known residence, if any. The fact of attachment shall also be proclaimed by the beat of drum or other customary mode at some place on or adjacent to such property and at such other place or places as the Recovery Officer may consider necessary to give due publicity to the sale. The attachment notice shall set forth that, unless the amount due with interest and expenses be paid within the date therein mentioned, the property will be brought to sale. A copy shall be sent to the decree-holder. Where the Sale Officer so directs the attachment shall also be notified by public proclamation in the official Gazette.(e)Proclamation of sale shall be published by affixing a notice in the office of the Recovery Officer and the Tehsil Office at least thirty days before the date fixed for the sale and also by beat of drum in the village or locality on two consecutive days previous to the date of sale and on the day of sale prior to the commencement of the sale. Such proclamation shall, where attachment is required before sale, be made after the attachment has been effected. Notice shall also be given to the decree-holder and the defaulter. The proclamation shall state the time and place of sale and specify as fully and accurately as possible:-(i)the property to be sold,(ii)an encumbrance to which the property is liable.(iii)the amount for the recovery of which sale is ordered, and(iv)every other matter which the Sale Officer considers material for a purchaser to know in order to judge the nature and value of the property.(f)When any immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree-holder shall, when the amount for realisation of which the sale is held exceeds Rs.100, furnish to the Sale Officer within such time as may be fixed by him or by the Recovery Officer, an encumbrance certificate from the Registration Department for the period of not less than twelve years prior to the date of attachment of the property sought to be sold, or in cases falling under the proviso to sub-rule (10), prior to the date of the application for execution. The time for production of the encumbrance certificate may be extended at the discretion of the Sale Officer or the Recovery Officer, as the case may be. The sale shall be by public auction to the highest bidder, provided that it shall be open to the Sale officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reasons [to be recorded in writing and provided also that the Recovery Officer or the Sale Officer may, in his discretion, adjourn the sale to a specified day and hour, recording his reason for such adjournment. Where a sale is so adjourned for a longer period than seven days, a fresh proclamation under clause (e) shall be made, unless the judgment-debtor contents to waive it. The sale shall be held after the expiry of not less than thirty days calculated from the date on which notice of the proclamation was affixed in the office of Recovery Officer. The time and place of sale shall be fixed by the Recovery Officer and the place of sale, shall be the village or locality where the property to be sold is situated or such adjoining prominent place of public resort as may be fixed by the said Recovery Officer :] [Words inserted by the Punjab Government Gazette Notification dated 14.10.74 (Section 7)]Provided that, in cases where an encumbrance certificate is not obtainable owing to the destruction of the connected records, an affidavit from the village Patwari in regard to the encumbrances known to him supported by a certificate from the Registration Department that the encumbrance certificate cannot be granted owing to the destruction of the connected records, shall be accepted in the place of an encumbrance certificate.(g)A sum of money equal to 15 per cent of the price of the immovable property shall be deposited by the purchase in the hands of the Sale Officer at the time of the purchase, and in default of such deposit, the property shall forthwith be re-sold:Provided that, where the decree-holder is the purchaser and is entitled to set off the purchase money under clause (k), the Sale Officer shall dispense with the requirements of this rule.(h)The reminder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale:Provided that, the time for payment of the cost of the stamp may, for good and sufficient [reasons to be recorded in writing, be extended at the discretion of the Recovery Officer upto thirty days from the date of sale:] [Words substituted by Punjab Government Gazette Notification dated 18.2.86 [(Section 15 (b)(ii)]]Provided further, that in calculating the amounts to be paid under this clause, the purchaser shall have the advantage of any set-off to which he may be entitled under clause (k).(i)In default of payment within the period mentioned in the last preceding clause, the deposit may, if the Recovery Officer thinking fit after defraying the expenses of the sale be forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold.(j)Every resale of immovable property in default of payment of the amounts mentioned in clause (h) within the period allowed for such payment, shall be made after the issue of a fresh proclamation in the manner and for the period hereinbefore prescribed for the sale.(k)Where a decree-holder purchases the property the purchase money and the amount due on the decree shall be set off against one another and the Sale Officer shall enter [satisfaction of the decree in whole or in part accordingly.] [Words omitted by the Punjab Government Gazette Notification dated 18.2.86 [(Section 15 (b)(iii)]]
