Section 339 in The U.P. Co-operative Societies Rules, 1968
339.
(a)The Sale Officer shall serve or cause to be served a copy of the demand notice issued under sub-rule (c) of Rule 312 upon the judgment-debtor and if he is not available, upon some adult male member of his family or upon his authorised agent and if such service is not possible, a copy thereof shall be affixed on some conspicuous part of the immovable property sought to be attached and sold or sold without attachment, as the case may be.(b)If the judgment-debtor fails to pay the amount in terms of the demand notice, the Sale Officer shall proceed to attach and sell or sell without attachment, as the case may be, the immovable property specified in the demand notice.(c)The order of attachment shall be proclaimed at some place on or adjacent to such property by beat Of drum or other customary mode and at such other place or places as the Recovery Officer may consider necessary, to give due publicity to the sale and a copy of the order shall be affixed on some conspicuous part of the immovable property.(d)A copy of the attachment order shall also be served upon the judgment-debtor personally and if he is not available, upon some adult male member of his family or upon his authorised agent and if such service is not possible, it shall be affixed at some conspicuous part of last known place of his residence.(e)Where sale is to be held, the proclamation of sale shall be published by affixing a notice in the office of the Recovery Officer and in the Tehsil and Block Office at least thirty days before the date fixed for the sale. It shall also be published by beat of drum in the locality on two consecutive days previous to the date of sale and on the day of sale prior to the commencement of the sale. Such proclamation shall, where attachment is required before sale, be made after the attachment has been effected. Notice shall also be given to the decree-holder and the judgment-debt or. The proclamation shall state the time and place of sale and specify as fairly and accurately as possible-(i)the property to be sold,(ii)any encumbrance to which the property is liable,(iii)the amount for the recovery of which sale is ordered, and(iv)every other matter which the Sale Officer considers material for a purchaser to know in order to judge the nature and value of the property.(f)Where any immovable property is sold under these rules, the sale shall subject to the prior encumbrances, on the property, if any. The decree-holder shall, when the amount for the realisation of which the sale is held, exceeds rupees one hundred, furnish to the Sale Officer, within such time as may be fixed by him or by the Recovery Officer, an encumbrance certificate from the Registration Department for the period of not less than twelve years prior to the date of attachment of the property sought to be sold or in cases falling under the proviso to Rule 338 prior to the date of the application for execution. The time for the production of the encumbrance certificate may be extended at the discretion of the Sale Officer or the Recovery Officer, as the case may be:Provided that in case where an encumbrance certificate is not obtainable owing to the destruction of the connected records, an affidavit from the Village patwari (Lekhpal) in regard to the encumbrances known to him supported by a certificate from the Registration Department mat the encumbrance certificate cannot be granted owing to the destruction of the connected records, shall be accepted in the place of an encumbrance certificate.(g)The sale shall be by public auction to the highest bidder; provided that it shall be open to the Sale Officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reasons and provided also that the Recovery Officer or the Sale Officer may, in his discretion, adjourn the sale to a specified day and hour, recording his reasons for such adjournment. Where a sale is so adjourned to a longer period than seven days a fresh proclamation under clause (e) shall be made, unless the judgment-debtor consents in writing to waive it.(h)The sale shall be after the expiry of not less than thirty days calculated from the date on which notice of the proclamation was affixed in the office of the Recovery Officer. The time and place of sale shall be fixed by the Recovery Officer and the place of sale shall be the locality where the property to be sold is situated or such adjoining prominent public place as may be fixed by the said Recovery Officer.(i)A sum of money equal to fifteen per cent of the price for which the immovable property is purchased in the auction shall be paid by the purchaser to the Sale Officer at the time of purchase and in default of such deposit, the property shall forthwith be resold:Provided mat where the decree-holder is the purchaser and is entitled to set off the purchase money, the Sale Officer shall dispense with the requirements of the foregoing rule.(j)The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale:Provided that the time for payment of the cost of the stamp may, for good and sufficient reasons, be extended at the discretion of the Recovery Officer up to thirty days from the date of sale:Provided further that in calculating the amounts to be paid under this clause, the purchaser shall have the advantage of any set-off to which he may be entitled under clause (i).(k)If by the expiry of the period mentioned in clause (j), the entire amount of purchase money is not paid-(i)the deposit paid under clause (i) shall, at the discretion of the Recovery Officer, be forfeited to the Government after defraying the expenses of sale, and(ii)the defaulting purchaser shall forefeit all claims to the property or to any part of the sum for which it may be subsequently sold.(l)Every re-sale of immovable property in default of payment of the amount mentioned in clause (j) within the period allowed for such payment shall be made after the issue of a fresh proclamation in the manner and for the period prescribed for the sale in this rule.(m)Where a decree-holder purchases the property, the purchase money and the amount due on the award or order shall be set off against one another, and the Sale Officer shall enter up satisfaction of the award or order in whole or in part accordingly.
