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State of Assam - Section

Section 147 in Rules Under the Land and Revenue Regulation

147. Sales of moveable property where to be he.

- Sales of moveable property shall ordinarily be made on the spot, but in the case of any such property the Revenue Officer duly empowered to order sales may direct that the shall be held at any other place, if he has reason for thinking that higher price will thereby be realised.Note. – (Certain executive instructions on the subject of this rule were issued in Circular No. 2R., dated the 30th May 1908, which have been inserted under section 90 of the Regulation as a Note.) – When the value of the property attached will note exceed [one hundred rupees] [(Substituted vide notification No. RSS 351/64/101, dated 18th May 1967)] the order and notice issued under section 69 should provide for sale, if he arrear is not paid up immediately upon attachment, and should be in Form No. 31. The sale should be conducted under the following conditions:-
(1)In non-tahsil areas the sale must be conducted in the presence of the mauzadar and of two respectable residents of the locality, who will sign the peon's report of the sale. In tahsil areas the peon's report will similarly be signed by two respectable residents of the locality. In the Assam Valley these peons should, as a rule, be village gaonburas.
(2)All sale-proceeds will be made over by the peon to the nazir, or in tahsils to the tahsilders who will arrange for payment of the revenue and for the transmission of any balance to the defaulter.
(3)The peon will invariably give a printed counterfoil receipt for the realisations of the sale.These orders do not apply to sales of moveable property in cases where the value of the property attached will exceed [one hundred rupees] [(Substituted vide notification No. RSS.351/64/101, dated 18th May 1967)]. In such cases the procedure aid down in Executive Instruction 93 should be followed.