Section 90 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
90. Procedure for sale of property by public auction.
(1)Where any property is to be sold by public auction -(a)The property shall be sold through firms of repute who have been approved as auctioneer by the Chief Settlement Commissioner or through officers appointed by the Central Government in this behalf;(b)the terms and conditions on which auctioneers may be appointed shall, from time to time be determined by the Chief Settlement Commissioner.(2)The Settlement Commissioner or other officer empowered to sell any such property shall cause a proclamation of the intended sale to be made in the language of principal civil court of the original jurisdiction where the property is situated.(3)Notice of the intended sale shall be given at least fifteen days before the proposed sold and every such notice shall state the date, time and place of the proposed sale, the description of the property to be sold, its location and boundaries where possible, the terms and conditions of the sale and any other particulars which the Settlement Commissioner or other officer considers material. One copy of the notice shall be affixed on a conspicuous part of the property to be sold. It shall be within the discretion of the Settlement Commissioner or other officer to advertise the sale in newspaper and in such other manner he may deem fit.(4)No sale shall take place until after the expiry of a period of fifteen days from the date of publication of the notice.(5)Every auction of a property under these rules shall be subject to a reserve price fixed in respect of the property, but such reserve price may not be disclosed.(6)The Officer conducting the auction may, in his discretion, withhold sale of any property without assigning any reasons therefor.(7)The Officer conducting the sale may, at his discretion, for reasons to be recorded in writing, adjourn the sale to a specified date and hour and an announcement to that effect shall be made at the time of the adjournment of the sale:Provided that where a sale is adjourned for a period exceeding fourteen days, a fresh notice shall be published.(8)The person declared to be the highest bidder for the property at the public auction shall pay in cash or by a cheque drawn on a scheduled bank and endorsed "good for payment upto six months" or in such other form as may be required by the Settlement Commissioner, immediately on the fall of hammer a deposit not exceeding 20 per cent of the amount of his bid to the officer conducting the sale and in default of such deposit the property may be resold.Rules 9 and 9A [omitted on 13.8.1963](9)(B). Where the highest bidder, whose bid has been provisionally accepted, resales from the bid before its approval is communicated to him, 5 per cent of the amount deposited by him under sub-rule (8) shall be forfeited to Government to defray incidental expenses incurred on the auction and the likely loss to Government.(10)The bid in respect of which the initial deposit has been accepted shall be subject to the approval of the Settlement Commissioner or an officer appointed by him for the purpose:Provided that no bid shall be approved until after the expiry of a period of seven days of the auction.(11)Intimation of the approval of the bid or its rejection shall be given to the highest bidder (hereinafter referred to as auction purchaser) by registered post acknowledgement due and the auction purchaser shall where the bid has been accepted be required with within fifteen days of the receipt of such intimation to send by the registered post acknowledgement due or to produce before the Settlement Commissioner or any other officer appointed by him for the purpose a treasury challan in respect of the deposit of the balance of the purchase money:Provided that the Settlement Commissioner or other officer appointed by him in this behalf may, for reasons to be recorded in writing, extend the aforesaid period of fifteen days by such period, not exceeding fifteen days, as the Settlement Commissioner or such other officer may think fit:Provided further that the period extended under the preceding proviso may further be extended (without any limit of time) by the Chief Settlement Commissioner.(12)The balance of the purchase money may, subject to the other provisions of these rules, be adjusted against the compensation payable to the auction purchaser in respect of any verified claim held by him. In any such case the auction purchaser, shall be required to furnish within seven days of the receipt of intimation about the approval of bid, particulars of the compensation application filed by him:Provided that the Settlement Commissioner or any officer appointed by him in this behalf may, for reasons to be recorded in writing, extend the aforesaid period of seven days by such further period not exceeding fifteen days as the Settlement Commissioner or such other officer may deem fit:Provided further that the period extended under the preceding provisions may further be extended (without any limit of time) by the Chief Settlement Commissioner;(13)If the Regional Settlement Commissioner, on scrutiny of the compensation application of the auction purchaser finds that a further sum is due to make up the purchase price, he shall send an intimation to that effect to the auction purchaser calling upon him to deposit the balance in cash within fifteen days of the receipt of the intimation;(14)If the auction purchaser does not deposit the balance of the purchase money within the period specified in sub-rule (11), or does not furnish particulars of his compensation application as specified in sub-rule (12), or if the net compensation admissible to the auction purchaser is found to be less than the balance of the purchase money and the auction purchaser does not make up the deficiency as provided in sub-rule (13), the initial deposit made by the auction purchaser in sub-rule (8) shall be liable to forfeiture and he shall not have any claim to the property.(15)When the purchase price has been realised in full from the auction purchaser, the Managing Officer shall issue to him a sale certificate in the form specified in appendix XXXII or XXXIII, as the case may be. A certified copy of the sale certificate shall be sent by him to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the property to which the certificate relate is situated. If the auction purchaser is a displaced person and has associated with himself any other displaced person having a verified claim whose net compensation is to be adjusted in whole or in part against the purchase price, the sale certificate shall be made out jointly in the name of all such persons and shall specify the extent of interest of each in the property.
