Section 25 in Bihar and Orissa Public Demand Recovery Rules
25. Proclamation of sale by public auction.
(1)Where any immovable property, or any movable property exceeding [two hundred rupees] [Substituted for 'twenty rupees' by C.S. No. 6, dated 26.2.1969.] in value, is ordered to be sold by public auction, the Certificate Officer shall cause a proclamation of the intended sale to be made in the language of the Courts of the district.(2)Where the property to be sold is the holding of an occupancy raiyat, the Certificate Officer, before issuing the proclamation, shall hear the parties and estimate the value of the holding or of that portion of the holding the proceeds of the sale of which the considers, will be sufficient to satisfy the certificate:Provided that in execution of a certificate for arrears of rent in respect of the holding of any occupancy raiyat, if the certificate-holder specifies which portion of such holding should be sold, the Certificate Officer shall order that such portion or so much of such portion as may seem to him necessary to satisfy the decree, shall be sold:Provided further that if there is any incumbrance on any portion of such holding, the Certificate Officer shall not order such portion to be sold unless in the opinion of the Court, the decree cannot be satisfied without the sale of such portion.(3)Such proclamation shall be drawn up after notice to the certificate-debtor and shall state the time and place of sale, and shall specify, as fairly and accurately as possible -(a)the property to be sold;(b)(where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government) the revenue assessed upon the estate or part of the estate;(bb)where the property to be sold is the holding of an occupancy raiyat or a portion thereof, its value as determined by the Certificate Officer in the manner specified in sub-rule (2);(c)the amount for the recovery of which the sale is ordered; and(d)every other thing which the Certificate Officer considers it material for a purchaser to know in order to judge of the nature and value of the property.(4)where a tenure or a raiyatiholding at fixed rates situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 ****** is in force, is to be sold in execution of certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the tenure holding will first be put up to auction subject to registered and notified incumbrances, and will be sold subject to those incumbrances of the sum bid is sufficient to liquidate the amount specified in the certificate, and costs, and that otherwise it will, if the certificate-holder so desires be sold on a subsequent day, of which due notice will be given, with power to annul all incumbrances.(5)Where an occupancy holding, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1815 ***** is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the holding will be sold with power to annul all incumbrances.(6)Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-rules (4) and (5) shall not apply proclamation, the Certificate Officer may summon any person whom he thinks necessary to summon, and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.
