[I]
[See Section 103 (4)]1. Application to set aside sale. - (1) When immovable property has been sold by the [Registrar] under Clause (c) of Sub-Section (1) of Section 103, any person owning such property or holding an interest therein or when property sold has been mortgaged to the [State Co-operative Agricultural Rural and Development Bank] or a [Co-operative Agricultural Rural and Development Bank] , any person entitled to a notice under Section 91, may within thirty days of the date of the sale, apply to the [Registrar] to have the sale set aside on his depositing with him-
(a)for payment to the purchasers as compensation a sum equal to five per centum of the purchase money;(b)for payment to the State Government, the Society, the [State Cooperative Agricultural Rural and Development Bank] or the [Co-operative Agricultural Rural and Development Bank] or the Liquidator in consequence of whose application the sale was held, the amount specified in the proclamation of sale for the recovery of which the sale was ordered to be held together with interest thereon and the expenses of attachment, if any, and sale and other costs due, in respect of such amount less any amount which may since the date of such proclamation have been received by the State Government, the Society, the [State Co-operative Agricultural and Rural Development Bank] , the [Co-operative Agricultural and Rural Development Bank] or the Liquidator, as the case may be.(2)At any time within thirty days from the date of sale of immovable property, under Section 103 the Society, the [State Co-operative Agricultural and Rural Development Bank] , the [Co-operative Agricultural and Rural Development Bank] or the Liquidator at whose instance the sale was held, or any person entitled to share in rateable distribution of assets or whose interests are affected by the sale, may apply to the [Registrar] to set aside the sale on the ground of a material irregularity or mistake or fraud in publishing or conducting it :Provided that no sale shall be set aside on the ground of irregularity, mistake or fraud, unless, upon the facts proved, the [Registrar] is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud.(3)The purchaser at any such sale also, within the period of thirty days from the date of sale apply to the [Registrar] to set aside the sale, on the ground that the person from whom the sum is recoverable under the award, decision or order in execution of which the sale was held, had no saleable interest in the property sold.(4)When the [Registrar] has reason to think that the sale ought to be set aside on the ground of irregularity, mistake or fraud, notwithstanding that no application to set aside the sale has been made or on grounds other than those mentioned in any application made and rejected, he may, after giving an opportunity to all parties concerned of being heard and after recording his reasons in writing, set aside the sale at any time before it is confirmed.(5)When a person applies under Sub-paragraph (2) to set aside the sale of immovable property in which he is interested he shall not, unless he withdraws his application, be entitled to make an application under Sub-paragraph (1).(6)On receipt of application and deposit under Sub-paragraph (1), the [Registrar] shall set aside the sale and shall pay back to the purchaser the purchase money so far it has been deposited together with the five per cent of such money deposited by the applicant.(7)If the sale is set aside under Sub-paragraphs (2), (3), or (4) the [Registrar] shall return the purchase money to the purchaser with or without interest as he may decide and may direct a fresh sale.Explanation - For the purposes of this Schedule [Registrar] shall include any other person empowered by the Registrar under Clause (c) of Sub-Section (1) of Section 103.2. Confirmation of sale. - On the expiration of thirty days from the date of the sale, if no application to have the sale set aside has been made under paragraph (1) or if such an application has been made and rejected and if the [Registrar] has not taken action under Sub-paragraph (4) of that paragraph, he shall make an order confirming the sale which shall thereupon become absolute.
3. Title of purchaser not to be questioned. - When a sale has been made under Section 103 and has been confirmed and made absolute under paragraph (2) the title of the purchaser shall not be questioned in any Court by any person, whose interest has been sold, or his successor-in-interest, on any ground whatsoever.
4. Distribution of proceeds of sale. - (1) The proceeds of sale under Section 103 shall be applied as follows ;
Firstly, in payment of all costs, charges and expenses properly incurred as incidental to the attachment, if any, custody, sale or attempted sale;Secondly, in payment of all interest due on account of the principal sum under the award, decision or order, as the case may be;Thirdly, in payment of the principal money due under the award, decision or order, as the case may be; andLastly, the residue, if any, thereafter remaining shall be paid to the person whose property was sold or to his successor-in-interest.(2)All payments of such residue made in accordance with Sub-paragraph (1) shall be valid and effectual against any demand relating thereto, made by any person upon the Registrar or the Society, the [State Co-operative Agricultural and Rural Development Bank] the [Co-operative Agricultural Rural and Development Bank] or the Liquidator, as the case may be, in consequence or whose application the sale was held.5. Certificate of sale. - (1) When the sale is confirmed under paragraph (2) the [Registrar] shall, on application grant a certificate in the prescribed form specifying who, at the time of the sale, is declared to be the purchaser and such certificate shall bear the date on which the sale was made absolute.
(2)The Registrar shall send a copy of every certificate granted under Sub-paragraph (1) to the registering officer appointed under the Indian Registration Act, 16 of 1908, within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situated, notwithstanding anything contained in the said Act, such registering officer shall enter the contents of such copy in his register of non-testamentary document relating to immovable property.(3)Notwithstanding anything contained in the Orissa Tenancy Act, 1913, Bihar and Orissa Act 2 of 1913, the purchaser of any immovable property, sold under Section 102 shall, if the property sold or any portion of it is an occupancy holding or part of an occupancy holding to which the said Act applies, file along with his application for grant of certificate under Sub-paragraph (1) a notice giving particulars of the transfer in the forms prescribed therein for the service of it and the Registrar shall thereupon transmit the notice to the Collector who shall cause it to be served on the landlord in the manner prescribed under the said Act.6. Delivery of property to purchaser. - (1) When the immovable property sold is in the occupancy of the persons, whose right, title and interest in the property have been sold, or of some person on behalf of such person of mortgagor, or of some person claiming under a title created by such person subsequently to the attachment of such property other than a lease for a period not exceeding five years created by the mortgagor subsequent to the mortgage in favour of the [State Co-operative Agricultural and Rural Development Bank] or the [Co-operative Agricultural and Rural Development Bank] , as the case may be, and a certificate in respect thereof has been granted under paragraph (5), the [Registrar] granting the certificates shall on the application of the purchaser or delivery to be made by putting such purchaser or any person, whom he may appoint to receive delivery on his behalf, in possession of the property and if need be, by removing any person who refuses to vacate the same.
(2)Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted under paragraph (5), the [Registrar] granting the certificate shall, on the application of the purchaser, and after notice to such tenant or other person, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place that the interest of the person from whom the sum under the award, decision or order, as the case may be, was recoverable, has been transferred to the purchaser.[Schedule-II] [See Clause (d-2) of Section 2]The following shall constitute the Co-operative principles, namely :(1)Membership of a Co-operative Society shall be voluntary and available without artificial restriction or any social, political, racial or religious discrimination, to all persons who can make use of its services and are willing to accept the responsibilities of membership.(2)Co-operative Societies are democratic organisations. Their affairs shall be administered by persons elected or appointed, as the case may be, in a manner accountable to the members and in accordance with the democratically expressed will of the members.Members of primary Societies shall enjoy equal rights of voting (one member one vote) and participation in decisions affecting their Societies.In other than primary Societies, the management shall be conducted on a democratic basis in a suitable form.(3)The share capital of a Society shall receive a strictly limited rate of interest (that is to say dividend).(4)(i)Surplus or savings, if any, arising out of the operations of the Society belong to the Society as a whole and no individual member has a claim to the surplus.(ii)The surplus should be utilised for all or any of the following purposes, namely :(a)providing for development of the business of the Society;(b)providing services for the common enjoyment of members;(c)distribution among the members in proportion to their transactions with the Society.(5)All Co-operative Societies shall make provision for the education of their members, office-bearers, officers and employees and of the general public, in the principles and techniques of Co-operation, both economic and democratic.(6)All Co-operative organisations, in order to best serve the interest of their members and their communities, shall actively co-operate in every practical way with other Co-operatives at local, national and international levels having as their aim the achievement of unity of action by co-operators throughout the world.
III
[See Sub-section (3-a) of Section 28-A]1. The following shall constitute "corrupt practices", namely :
(1)"Bribery" that is to say -(A)any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent, of any gratification, to any person whomsoever with the object of directly or indirectly inducing-(a)a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election; or(b)an elector to vote or refrain from voting at an election or as a reward, to -(i)a person for having so stood or not stood or for having withdrawn or not having withdrawn his candidature; or(ii)an elector for having voted or refrained from voting;(B)the receipt of, or agreement to receive, any gratification, whether as a motive or a reward -(a)by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or(b)by any person whomsoever for himself or any other person for voting, or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.Explanation. - For the purposes of this clause, the term "gratification" is not restricted to pecuniary gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward, but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses.(2)Undue influence, that is to say any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his election agent, with the free exercise of any electoral right :Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who threatens any candidate or an elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsions from any caste or community, or divine displeasure or spiritual censure shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause :Provided further that a declaration of public policy, or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right shall not be deemed to be interference within the meaning of this clauses :(3)The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station :Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any polling station shall not be deemed to be corrupt practice under this clause :Provided further that the use of any public transport vehicle or vessel or railway carriage by any elector at his own cost for the purpose of going to or coming from any polling station shall not be deemed to be a corrupt practice.Explanation. - In this clause and in the next succeeding clause, the expression "Vehicle" means any vehicle used or capable of being used for the purpose of transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.(4)The use of vehicles belonging to a Society for the purpose of any election.(5)The incurring or authorising of expenditure by a candidate at or in connection with any election of a Society in excess of the limits as the State Government may, by general or special order published in the Official Gazette, specify, or non-maintenance of accounts or non-submission of reports and returns by such candidate in the manner prescribed.(6)Making special advances of loans or otherwise favouring any elector or group of electors between the date of declaration of programme for an election and the date of declaration of the result thereof.(7)Non-maintenance or non-aiding the maintenance of the secrecy of voting or unauthorised or unlawful communication of information to any person calculated to violate such secrecy, by any officer, employee, agent or other person performing any duty in connection with the conduct of or recording or counting of votes at an election.(8)The doing of any act other than the giving of his vote, for the furtherance of the prospects of election of a candidate, by the Election Officers, or any person appointed to perform any duty, in connection with the election, or endeavour on the part of any such person to -(a)persuade any person to give his vote, or dissuade him from giving his vote at an election; or(b)influence the voting of, in any person at an election in any manner.2. "Prohibited Act" shall mean -
(i)canvassing for, or soliciting the vote of any elector, or persuading such elector not to vote at the election, or not to vote for any particular candidate; and(ii)exhibition of any notice or sign, other than an official notice, relating to the election by any person on the date of poll at any place of polling or any public or private place within one hundred metres of such place of polling.3. The following shall constitute "Disorderly conduct" namely :
(i)use or operation of loudspeaker and other voice amplifying or reproducing devices; or(ii)shouting or acting otherwise, in a manner disturbing the tranquility and order at a place of polling or any public or private place within the periphery of such place of polling so as to cause annoyance to, or to interfere with, any person, visiting the place of polling or on election duty.4. The following shall constitute "Misconduct", namely :
(i)disobedience of the lawful directives of the Chief Electoral Officer or the Election Officer or any other person authorised by the Chief Electoral Officer or Election Officer in regard to the Election; and(ii)acts, designed to influence or disturb or actually influencing or disturbing any process of election at, or within the periphery of the place of election.
