Section 191D in West Bengal Co-operative Societies Rules, 2011
191D. Procedure for sale.
(1) An application to a sale officer for sale of any mortgaged property shall be signed by the Secretary or the Manager of the concerned bank or the society or any person duly authorized by the board to do so and shall(a)contain sufficient particulars for identification of the property;(b)show the names of persons having interest in the property;(c)contain a report regarding the manner of service of notice;(d)specify the amount due for recovery and the expenses incurred in the service of the notice;(e)contain any other particulars which the concerned bank or the society, as the case may be, may consider material for the purchasers in order to know the nature and value of the property; and(f)accompany a copy of the mortgaged deed.(2)On receipt of the application for Sale of the mortgaged property the sale officer shall give notice by registered post or by personal service under proper receipt to all persons named in the application that he intends to sell the property after the expiry of thirty days from the date of service of such notice unless the amount due (including cost) is paid within that period :Provided that if the service of the notice cannot be effected in the manner prescribed by this sub-rule for any reason, the same may be affixed at a conspicuous place of his residence.(3)On the expiry of thirty days from the date of service of the notice the sale officer shall issue a proclamation specifying therein. (a)date, time and place of sale;(b)particulars of the property to be sold and approximate value thereof;(c)the annual rent payable for such property;(d)the amount of recovery of which the sale is ordered; and(e)any other particulars which the sale officer considers material for a purchaser in order to know the nature and value of the property.(4)There shall be a time gap of at least fifteen days between the date of publication of proclamation and date of public auction.(5)Every proclamation for the sale shall be made at some place on or near such property by beat of drum and a copy of the proclamation shall be affixed on a conspicuous part of the office of the concerned bank or the society, as the case may be.(6)The sale shall be made by public auction to the highest bidder.(7)The sale officer shall divide a property into lots, if he thinks it necessary in the interest of the debtor or the bank or the society.(8)Where the property is divided into lots it shall not be necessary to make separate proclamation for each lot.(9)The sale shall be held at the village or the ward, where the mortgaged property is situated or at the nearest place of public resort, if the sale officer is of opinion that a better price is likely to be obtained thereby.(10)All costs for the issue of the sale notice and for the proclamation of such sale shall be initially paid by the concerned bank or the society, as the case may be.
