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State of Assam - Section

Section 63 in The Bengal Public Demands Recovery Act, 1913

63. Sale of tenure or holding at fixed rate, with power to avoid all incumbrances. - (1) If the bidding for a holding at fixed rates, put up to auction under Rule 62, does not reach a sum sufficient to liquidate the amount of the certificate and costs as aforesaid, and if the certificate holder thereupon desires that tenure or holding be sold with power to avoid all incumbrances; the person holding sale shall adjourn the sale and make a fresh proclamation under Rule 46 announcing that the tenure or holding will be put up to auction and sold with power to avoid all incumbrances, upon a future day specified therein, and not less than fifteen or more than thirty days from the date of the postponement; and upon that day the tenure or holding shall be put up to auction and sold with power to avoid all incumbrances.

(2)The purchaser at a sale under this rule may in manner provided by Section 167 of the Bengal Tenancy Act, 1885 (VIII of 1885), and not otherwise, annul any incumbrance on there tenure of holding.