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State of Rajasthan - Section

Section 8 in The Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973

8.

(1)
(a)On the notified date and time auction shall be conducted by the Auction Committee consisting of the following:-
(i) [ Executive Officer (Mandi) or any other Senior Scale RASOfficer nominated by the Collector. Chairman
(ii) Concerned SDO or any other RAS officer nominated by thecollector. Member
(iii) District Treasury Officer or his nominee. Member
(iv) Concerned Colonisation/Revenue Tehsildar as the case may be.(Revenue Tehsildar shall be member only if Mandi areas is notpart of colony area). Member
(2)[ The officer conducting the auction may, after recording reasons for doing so, adjourn the auction and conduct it on any future specified date and time.
(3)Bids for the plots shall be invited by reference to its numbers shown in the plan available with the officer conducting the auction. Any mistake or error in the auction notice if it is not material in respect of the reference or description of the plots, and does not cause prejudice in the auction or sale, not annul the auction or sale, nor it shall make any auctioning authority liable for any compensation in respect thereof.] [[Substituted by Notification No. F. 4(8) Col./96, dated 26.2.97-Rajasthan Gazette, Extraordinary, Part IV-C(ii), dated 6.3.97, page 356 = 1997 RSCS/Part II/page 675/H. 348 for the following :-;(i) Executive Officer - Chairman
(ii)S.D.M. of the area concerned - Member
(iii)Colonisation Tehsildar of the area concerned - Member
(iv)Any two of the above members present shall form quorum and shall conduct auction.'
Earlier the above said committee was Substituted by Notification No. F. 4(29) Revenue/Col/79, dated 27.09.1980-Rajasthan Gazette, Part IV-(C), dated 16.10.1980, page 199]]
(4)No bid lower than the reserve price shall be accepted. In case for a plot there is no bidder for or over the reserve price and [Auction Committee] [Substituted by Notification No. F. 4(29) Revenue/Col/79, dated 27.09.1980-Rajasthan Gazette, Part IV-(C), dated 16.10.1980, page 199.] considers that the reserve price needs down-ward revision, he may recommend to the State Government for the same through the Committee and the State Government may do so. Thereafter, the revised price shall be reserve price of the plot.
(5)No person shall be allowed to bid for a plot until and unless before the auction starts he has deposited an earnest money of [Rs. 2000/-] [Substituted by Notification No. F. 13 (6) Revenue/Col/89, S.O. 162, dated 09.03.1992-Rajasthan Gazette, Part IV-(C), dated 12.11.1992, page 339, for 'Rs. 500/-' and 'Rs. 2,000/-'.] for residential plot [and] [Substituted by Notification No. F. 4(13) Revenue/Col/77, dated 08.02.1982-Rajasthan Gazette, Part IV-(C), dated 05.05.1982, page 69, for 'or'.] [Rs. 5,000/-] [Substituted by Notification No. F. 13 (6) Revenue/Col/89, S.O. 162, dated 09.03.1992-Rajasthan Gazette, Part IV-(C), dated 12.11.1992, page 339, for 'Rs. 500/-' and 'Rs. 2,000/-'.] for residential cum-commercial or commercial plot, as the case may be, with [Auction Committee] [Substituted by Notification No. F. 4(29) Revenue/Col/79, dated 27.09.1980-Rajasthan Gazette, Part IV-(C), dated 16.10.1980, page 199.], At the close of the auction it shall be refunded to the unsuccessful bidder on the spot and in case of successful bidder it shall be adjusted towards payment of price.]
(6)On the fall of hammer, the successful bidder has to deposit on the spot to [Auction Committee] [Substituted by Notification No. F. 4(29) Revenue/Col/79, dated 27.09.1980-Rajasthan Gazette, Part IV-(C), dated 16.10.1980, page 199.] 25% of the bid money, either in cash or by means of a demand draft in the name of the Executive Officer drawn on Scheduled Bank situated at the headquarter of the Executive Officer or at a place where a branch of the State Bank of India is functioning or at any other place as directed by the Executive Officer. The successful bidder has also to sign the form of offer in Form II.
(7)In case the successful bidder retracts his bid or fails to deposit 25% of the bid money in accordance with sub-condition (6), the earnest money deposited by him shall be forfeited to the State Government. In this case [Auction Committee] [Substituted by Notification No. F. 4(29) Revenue/Col/79, dated 27.09.1980-Rajasthan Gazette, Part IV-(C), dated 16.10.1980, page 199.] shall be free to rc-auction the plot then and there and any deficiency in sale price which may result due to re-auction shall be made good by the previous successful bidder who retracted the bid or failed to deposit 25% of the bid money.
(8)The result of the auction shall be communicated to the Chairman of the Committee, who shall pass final orders either confirming or rejecting the bid. The decision of the Chairman thereon shall be final.