In exercise of the
powers conferred by sub-section (2) of section 321 read with sub-section (1) of
section 156 of the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965), and
of all other powers enabling it in that behalf, the Government of Maharashtra
hereby, makes the following rules, the same having been previously published as
required by sub-section (3) of the said section 321, namely :- These rules may be called the Maharashtra,
Municipalities (Sale of Distrained or Attached Moveable and Immoveable
Property) Rules, 1967. In these rules, unless the context otherwise
requires- (a)
"Act"
means the Maharashtra Municipalities Act, 1965; (b)
"Form"
means a Form appended to these rules; (c)
"Section"
means a section of the Act. [1][* * *] When any sale
of either moveable or immoveable property is ordered under sub-section (1) of
section 156 the Chief Officer shall fifteen days' prior to the date of such
sale, issue a proclamation thereof, in Form 'A' in Marathi specifying :- (i)
the
time and place of sale; (ii)
the
description of the property; (iii)
[2][* * *]; (iv)
any
encumbrance to which the property is liable; (v)
any
other particulars necessary to judge the nature and value of the property. Simultaneously with the issue of the
proclamation for all sale, a copy of the proclamation shall be served on the
defaulter with a notice in Form 'B'. The proclamation shall, not less than fifteen
days prior to the date of sale, be advertised by the Chief Officer in one or
more local newspapers having wide circulation in the area of the Municipal
Council. A copy of the proclamation shall also be affixed on the Notice Board
of the Council Office, and in case the property is land paying revenue to the
State Government, in the office of the Collector of the district in which the
land is situated. In the case of other immoveable property, the proclamation
shall be fixed at the place where it is situated and also at such other places
as the Chief Officer may consider desirable. The Chief Officer may also give
such additional publicity to the sale by beat of drum or any other
customary mode of publicity as he may consider it necessary. Chief Officer may, for any sufficient reason
to be recorded in writing postpone the sale and give sufficient publicity to
the revised time, date and place fixed by him for holding the sale. Every sale shall take place under the
supervision of - (a)
the
Chief Officer or any other officer authorised by him in writing in the case of
moveable property; (b)
the
Chief Officer, in the case of immoveable property : Provided that if for
sufficient reasons, it is not possible for the Chief Officer to conduct
the sale, he shall, with the permission of the President, authorise in writing
any other officer, not below the rank of the Head Clerk in the employ of the
Council for the purpose. (1)
When
the. officer conducting the sale concludes the sale of moveable property, the
bidder shall pay the sale price for which the sale is concluded immediately to
the said officer, in default of which the property shall be resold at his risk.
If the resale results in any loss to the Council, the bidder shall be liable
for such loss. (2)
In
the case of immoveable property, the person who is declared to be the purchaser
shall deposit 25 per cent. of the sale price immediately after his bid is
accepted, to the officer conducting the sale. The purchaser shall pay the
balance within fifteen days from the date of [3][sale
of the property to the office of the Council]. If the last day be a Sunday or a
Public Holiday, then payment shall be made on the first working day immediately
after such day. (3)
If
the purchaser does not pay the balance of sale price, within the period
prescribed by sub-rule (2) his deposit shall be forfeited to the Council and
the property shall be resold at his risk. The purchaser shall forfeit all
claims to the sale price realised on resale and if such resale results in any
loss to the Council, he shall be liable for such loss. When the resale of any property results in
any loss to the Council, the difference in the original sale price and price
realised after resale together with all expenses, incurred on such resale shall
be recovered by the Council from the defaulter as arrears of Municipal taxes. Whenever any postponed sale or resale of
either moveable or immoveable property is to be held under these rules, the
Chief Officer shall issue a fresh proclamation in the manner laid down in rule
3. When any immoveable property is sold, any
person whose interests in the said immoveable property are affected by such
sale may apply to the Chief Officer within twenty-one days from the date on
which the sale is held, to set aside the sale on the ground of some material
irregularity, mistake or fraud in the proclamation or conduct of the sale : Provided that, no sale shall be set aside by
the Chief Officer on the aforesaid ground, unless, it is proved to his
satisfaction that the applicant has sustained substantial injury by reason
thereof: Provided further that, on such application
for setting aside the sale shall be entertained upon any ground which could
have been but was not put forward by the applicant before the commencement of
the sale. When the sale is set aside, the deposit or
purchase money, as the case may be, of the purchaser shall be refunded to him. (1)
If
no objection is raised within twenty-one days from the date on which the sale
of immoveable property is held, or even when any objections are so raised and
the Chief Officer is satisfied that there is no valid reason to set aside the sale
and if full payment is made as required by these rules, the Chief Officer shall
confirm the sale by granting a certicate as required by sub-section (2) of
section 156 in Form 'C'. (2)
No
sale shall be deemed to be complete, unless, it is confirmed by the Chief
Officer. (3)
Where
the sale of immoveable property is confirmed by the Chief Officer, the name of
the purchaser shall be entered in the Municipal Record as the owner of the said
property, in lieu of the defaulter. On the date on which these rules come into
operation any rules (if any) corresponding to these rules made under the
enactments repealed by section 343 of the Act, and in force shall stand
repealed, except as respects things done or omitted to be done before such
repeal. MAHARASHTRA MUNICIPALITIES [SALE
OF DISTRAINED OR ATTACHED MOVEABLE AND IMMOVEABLE PROPERTY] RULES, 1967
PREAMBLE