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Section 41: The proclamation of sale shall be published in the following manner

The Assam (Temporarily Settled Areas) Tenancy Act 1971 (Single Document)State Act of Assam · Act 23 of 1971

(a) by affixing a copy thereof in a conspicuous place on the land of the holding, and

(b) by affixing a copy thereof in a conspicuous place of the issuing Court, and

(c) by sending by registered post to the defaulting tenant a copy of the order of attachment and a copy of the proclamation of sale.

Date of sale 42. The sale shall not take place until after the expiration of at least 30 days from the date on which all the three conditions of Section 41 are fully complied with :

Provided that no such sale shall take place until after a notice has been served on the judgement debtor.

Sale 43. On the date of the sale, it shall be put up to auction and sold to the highest bidder who shall pay one-fourth of the purchase money on the spot and the balance within 15 days:

Provided that, if the defaulting tenant or an interested person pays the arrear under the decree together with the cost, if any of the sale before the day fixed for sale, then, the sale shall be stayed and the land released from attachment:

Provided further that in the case of a holding of an estate pertaining to a religious institution, if the highest bid be that of a member of a different religion from the one to which the institution belongs the landlord shall have the option, to be declared in writing to the Court within 30 days of the sale, of purchasing the holding at the highest bid.

Disposal of the sale proceeds.

Where this provision sits

ActThe Assam (Temporarily Settled Areas) Tenancy Act 1971 (Single Document)
Section41
Marginal noteThe proclamation of sale shall be published in the following manner
JurisdictionState of Assam
StatusIn force as published by the source

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