Section 34 in The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Rules, 1973
34. Auction under Sub-Section (3) of Section 34.
(1)The Tahasildar shall within seven days of receipt of application under Sub-section (3) of Section 34, conduct a preliminary enquiry in respect of the land intended to be transferred and shall issue notices to the owners of the contiguous 'chakas' and publish a copy of the same in the village in which the land is situated fixing the date for auction of the said land.(2)(a)On the date fixed for auction the Tahasildar or the Additional Tahasildar shall conduct the auction in the village in which the land is situated in the presence of as many owners of the contiguous Chakas as appear and be willing and shall decide the auction in favour of the highest bidder; provided that he may, for reasons to be recorded in writing, sell the land to any other bidder except the highest bidder.(b)No bid amount which is less than the prevailing amount available shall be accepted.(3)The intending bidders shall deposit with the Tahasildar 10 percent of the market value or rupees fifty only whichever is more as security and only those who so deposit the security amount shall be entitled to bid in the auction. The security shall be refunded immediately after the auction sale is over except as otherwise provided.(4)If the bidder in whose favour auction is finalised is unable to pay bid amount on being required to do so, so much of his security deposit shall be forfeited as is just sufficient to cover the loss and paid to the person making the application under Sub-rule (1) and the bidder of the next lower amount, not being less than market value, shall be allotted the land on full payment of the bid amount on the spot.(5)The entire proceeding under Sub-rule (4) shall, as far as practicable, be completed in the forty-five days.
