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60.
Public auction. sections 29(6), 31(9) and 49(3).
(1)
Goods which are detained under sub-section (6) of section 31 and which are not
released owing to failure to furnish security or to pay the penalty imposed
under sub-section (8) of section 31 within the time allowed shall be sold in
public auction after following the procedure as laid down below -
(a)
the officer shall cause to be published on the notice board of his office a list
of the goods detained and intended for sale with a notice under his signatures
specifying the place where, and the day and hour at which, the detained goods
are to be sold and display copies of such lists and notice at more than one
public places near the Check Post or barrier or other place where the goods were
detained. Copy of the list and notice shall also be displayed in the office of
the Officer In charge of the district having jurisdiction over the area where
the check post or barrier or other place where the goods were detained is
situated. Normally, a notice of not less than ten days shall be given before the
auction is conducted.
(b)
Intending bidders shall deposit as earnest money a sum equal to ten per centum
of estimated value of goods.
(c)
At the specified day and time, the goods shall be put up in one or more lots, as
the officer conducting the auction/sale may consider advisable, and shall be
knocked down in favour of the highest bidder subject to confirmation of the sale
by the Officer in charge of the district concerned if the officer conducting the
auction is an officer subordinate to the officer in charge of the district.
(d)
The auction purchaser shall pay the sale value of the goods in cash immediately
after the sale and he will not be permitted to carry away any part of the goods
until he has paid for the same in full and until the sale has been confirmed by
the appropriate authority mentioned in clause (c). If the
purchaser
fails to pay the purchase money, the goods shall be resold by auction in the
same manner as provided in clauses (a), (b) and (c) and earnest money deposited
by the defaulting bidder shall be forfeited to the State Government. The earnest
money deposited by the unsuccessful bidders shall be refunded to them
immediately after the auction is over.
(e)
If any order directing detention is reversed on appeal the goods so detained, if
they have not been sold before such reversal comes to the knowledge of the
officer conducting sale, shall be released, or if they have been sold, the
proceeds thereof shall be paid to the owner of the goods;
(f)
No goods shall be sold by auction under this rule except with the prior approval
of the officer in charge of the district.
(2)
The procedure prescribed for public auction under sub-rule (1) shall be followed
in respect of conducting sale of goods by public auction under the first proviso
to sub-section (6) of section 29 or sub-section (3) of section 49.
(3)
Where any goods required to be disposed of by public auction are of perishable
nature or subject to speedy and natural decay or are such as may, if held, lose
their value or when the expenses of keeping them are likely to exceed their
value, then such goods may, with the approval of the officer incharge of the
district, be sold immediately to the highest of at least three offerors, dealing
in like goods, making the offers on invitation.
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