Sale of Properties - e-Action Guidelines
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Cooperation
Department – Sale
__________________________________________________________________
AGRICULTURE
& COOPERATION (COOP-III) DEPARTMENT
G.O.MS.No. 220
Dated :24 -12-2012
Read
the following:
1) G.O.MS.No.30,
Information Technology & Communication
Department, Dated: 09- 08 -2012.
2) From the Commissioner for Cooperation and
Registrar of Cooperative
Societies,A.P.Hyderabad,
Lr.Rc.No.19843/2012 /UBL–1,
Dt.15/11/2012.
3) G.O.Ms.No. 219 A&C (Coop.III) Dept., Dated
24/12/2012.
***
O R D E R
In the G.O first read above,
Government have issued orders requesting all the departments, Public Sector
Undertakings and Local Bodies of Government of Andhra Pradesh to utilize the
e-Auction Services provided by M/s.MSTC Limited, a Government of India, Public
Sector Undertaking, for a period of one year on trial basis.
2. As part of its ‘e-governance’
initiative, Government identified e-Auction as one of the key thrust areas as
most of the departments are requesting for the e-Auction services for disposal
of their scrap, sale of produces and properties for better efficiency and
transparency in auction process. Accordingly, Government entered into an
agreement with M/s. MSTC Ltd.,to provide e-Auction Services.
3. It is also ordered that the
participating departments shall issue necessary amendments / changes in the
existing procedure, as deemed necessary for switching over from the
conventional / existing auction to equivalent of e-Auction Process.
4. In the Letter Second read above, the
Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra
Pradesh, Hyderabad, has furnished the proposals to make amendments to the
Andhra Pradesh Cooperative Societies Rules, 1964, as suggested in G.O. Ms.
No.30, IT&C Deptt., dated, 9.8.12 to adopt e-auction process. Accordingly,
necessary amendments made in the G.O. 3rd read above.
5. Government after careful examination of
the matter, hereby issue the following Guidelines / Procedures to be adopted
while conducting e – Auction in Co-operation Department:-
(i)
The
`e-Auction’ shall be adopted in Cooperation Department in disposal of
properties/ Executions of petitions in Cooperative Societies. Initially as
pilot project, the Charminar Cooperative Urban Bank (U/L) and Prudential
Mutually Aided Cooperative Urban Bank (U/L) shall adopt the ‘e-Auction’
procedures as indicated in the Annexure-1 enclosed.
(ii)
All
the existing codal rules, G.Os, executive instructions applicable to the
processing of conventional auction are all applicable to the bids to be invited
through ‘e-Auction”, except to the extent modified / revised in the guidelines
enclosed.
(iii)
Further
Memorandum of Understanding / Agreements if any with e-Auctioneer (M/s.MSTC
Ltd.) shall be completed at the level of Commissioner of Cooperation and
Registrar of Cooperative Societies, Hyderabad
6. The above orders shall come into force
with immediate effect.
7.
The Commissioner for Cooperation
and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
I.Y.R.KRISHNA RAO
SPECIAL CHIEF SECRETARY TO GOVERNMENT
ANNEXURE -I
(G.O.MS.No. ,Agriculture & Cooperation (Coop-III)
Department,
Dated
-12-2012)
Guidelines
/ Procedure to be followed in introduction of e-Auction in disposal of
immovable properties of Execution Petitions in liquidated banks & other
institutions / organization / societies comes under the purview of the Andhra
Pradesh Cooperation Societies Act & Rules, 1964 and Andhra Pradesh Mutually
Aided Co operative societies Act,1995 and also the General Terms &
Conditions, Buyer Terms and Conditions and Special Terms and conditions as
published by ‘e-Auctioneer’.
1.
Notice of Sale
The Notice of Sale of
Immovable Property (Form-8) under rule 52(11)(e) of the Andhra Pradesh
Cooperative Societies Rules, 1964 shall be in the Standard formats as
prescribed in Annexure-2 enclosed.
2.
Notice of Sale
The Notice of Sale to
Decree Holder and Defaulter (Form-9) under Rule 52 (11) (e) of the Andhra
Pradesh Cooperative Societies Rules,1964 shall be in the Standard formats as
prescribed in Annexure-3.
3.
Publication of Notice of Sale
The officers
competent to publish Notice of Sale in case of conventional auction will host
the Notice of Sale in the e-auctioneer’s website. Simultaneously, a
notification should also be published by affixing in the office of Registrar of
the District and the Nodal Office at least 30
days before the date fixed for the sale as per existing rules, to affect
economy:-
4.
Collection of Earnest Money Deposit / Caution
Money Deposit (EMD/CMD):
(i)
Pre-Bid
Earnest Money Deposit / Caution Money Deposit shall be collected before
commencement of e-auction from the interested bidders / buyers in favour of
Sale officer / e-Auctioneer through Demand
Draft/ Pay Order / Online Money Transfer which will be with
e-Auctioneer till the date of auction.
(ii)
The
Caution / Earnest Money Deposit paid before the start of e-Auction within the
specified period is adjustable in the CMD/EMD payments when the property is
allotted to the highest / successful bidder.
The CMD/EMD of the highest/ successful bidder will be retained, whereas
CMD/EMD of un-successful bidders will be returned without any interest on the
next working day after the closure of auction by auctioneer.
(iii)
The
highest / Successful bidder will be taken only on subject to confirmation basis. After the closure of the e-auction the
property which is accepted by Sale Officer as highest bid will be intimated to
the successful / highest bidder.
5.
Inspection of the Property:
(i)
Property
is sold on “AS IS WHERE IS AND WHATEVER IT IS BASIS”. Measurements, quality,
number, sizes etc., whether displayed on the system, at the time of online
e-Auction sale or specified in the sale of property are sold on the assumption
that the bidders have inspected the same and know what they are buying.
(ii)
The
bidders are expected to get themselves fully acquainted with the nature,
quality etc., of the property before putting any bid for it. The principle of caveat emptor will
apply. The Sale Officer or e-Auctioneer
do not give any guarantee or warrantee or undertake any responsibility for the
quality, condition, size, measurements etc. of the property mentioned in the
sale or displayed in the system. Sale
Officer or e-Auctioneer shall not take any complaint about nature, quality etc.
of the property once the auction is over.
6.
Registration of bidders with e-Auctioneer
(i)
The
process of e-Auction shall be published through e-Auctioneer’s website, so as
to register the intended bidders to participate in the process of e-Auction.
Every e-Auction is governed by General Terms & Condition (GTC), Buyer
Specific Terms & Conditions (BSTC) and Special Terms & Conditions (STC)
as published in the e-Auction website under sale of property. All bidders, purchasers shall deem to have
read and acquainted themselves with the process of bidding and terms and
conditions of sale and agreed to bid, subject to these conditions only. As part of registration process, e-Auctioneer
shall obtain the following information from the intended Bidders / Buyers:
(i) Buyer/Bidder Origin
(ii) Buyer/Bidder Type
(iii) Company Name if any
(iv) Person to be
contacted
(v) City, State/UT,
Country & Pin code
(vi) E-Mail & Phone
Number
(vii) PAN Number
(viii) Preferred user ID
& Password
(ix) VAT/CST/TIN NO.
(x) Bankers’ Name,
Branch, Branch Code & Account No.
(xi) Further information,
if any
(ii)
The
‘e-Auctioneer provides an online self-service registration facility to
prospective bidder if not already registered.
Bidder shall have to deposit registration fee (non-refundable) as
prescribed by the e-Auctioneer as a onetime registration fee for the intended
auction. Prior to registration with
e-auctioneer, the intended bidder / buyer shall apart from Registration fee,
the bidder has to deposit EMD/CMD as prescribed by the Sale Officer. Bidders are advised to make two separate DDs
/ Pay Orders drawn on any nationalized bank for Registration and CMD/EMD as per
payment details mentioned in the sale Notice.
(iii)
The
user ID and Password will only be e-mailed to the registering bidders and hence
a valid e-mail should be entered in the acceptance form by the bidders. Bidder should not disclose his or her user ID
and password to anyone and safeguard its secrecy. The Sale Officer shall not be responsible, in
any manner, for unauthorized and improper use of the User ID and Password.
(iv) Bidder should not
disclose his or her user ID and Password to anyone and safeguard its
secrecy. Cooperation Department shall
not be responsible, in any manner, for any unauthorized and improper use of the
User ID and Password. Once issued to the
Bidder. It is not possible to change the
User ID for which they have registered.
Kindly note, under no circumstances User ID and Password would be given
over the telephone or any other email address.
(v)
For
the better understanding of e-Auction platform process, a DEMO auction / MOCK
Auction will be conducted on the request of the registered user to clarify
their doubts, if any.
7.
Submission of Bids:
(i)
Any
person representing as an individual OR proprietor Or as a partner OR as an authorized representative of any
company who has been registered with the e-Auctioneer and who has paid the
Caution Money Deposit (CMD) /Earnest Money Deposit as per the terms and
conditions herein shall be considered as a Bidder. One individual can represent
as a bidder on his own behalf or on behalf of his company. But he can’t
register separately for himself & company at the same time. A Bidder must
read the terms and conditions of the auction sale very carefully and then only
place his signature on the “Registration-cum-Acceptance Form”. He is also
expected to record his address, Telephone Numbers, Fax No, e-Mail address, as
all the communication would be forwarded only at his e-mail address.
(ii)
The
bidders who are desirous of participating in e-Auction shall submit their bids
as prescribed by the competent authority, owning responsibility for their
correctness/ authenticity. Failure to
furnish any of the prescribed document or certificate before the date of
e-Auction will entail rejection of the bid and forfeiture of CMD/EMD. Similarly, if any of the certificates,
documents etc. furnished by the bidder are found to be false / fabricated /
bogus, the bidder will be blacklisted and the CMD/EMD forfeited.
(iii)
Person
bidding at sale may be required to state whether they bid on their own account
as an agent, and in the later cases to deposit a written authority signed by
their principal, otherwise bid may be rejected.
- Processing of
e-Auction:
(i)
The
process of e-Auction shall be published through e-Auctioneer’s website, so as
to register the intended bidders to participate in the process of e-auction.
Every e-Auction is governed by General Terms & Condition (GTC), Buyer
Specific Terms & Conditions (BSTC) and Special Terms & Conditions (STC)
as published in the e-Auction website under sale of property. All bidders, purchasers shall deemed to have
read and acquainted themselves with the process of bidding and terms and
conditions of sale and agreed to bid subject to these conditions only.
(ii) In terms of the
Andhra Pradesh Cooperative Societies Act 1964 and Rules made there under, the
Sale Officer of Cooperation Department will organize an online e-Auction of
immovable property of EP through e-auctioneer website.
(iii) Catalogue (including
sale list) will be available on the website of e-Auctioneer, Bidders, who are
registered with e-Auctioneer can be download catalogue for submission of their
bids.
SCHEDULE OF PROGRAM
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1
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Schedule of the
Property
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2
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Dates of Display
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3
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Date and Time of
e-Auction
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4
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Caution/Earnest Money Deposit for online auction
(non-interestable)
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5
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Date and Time for
payment of Registration charges, EMD/CMD, 15% of Bid Amount.
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6
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85% of Bid Amount
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7
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Payment of Stamp
Fee
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Note-1: All bids
will be accepted subject to approval / subject to confirmation basis
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Note-2: Kindly note
the intimation of confirmed acceptances for the listed properties for sale by
e-Auction will be sent only through e-mails and not by courier / post
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Note-3: The
CMD/EMD/ Balance payment to be made as prescribed by sale officer by way
of DD/ Pay Order/ Online Payment drawn in the favour of Sale officer/
“e-auctioneer” payable at Hyderabad.
No cash transaction will be accepted.
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The above referred
dates for respective e-Auction are subject to variation in case of any
unscheduled unforeseen
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(iv)
Procedure of e-Auctioning (Forward e-Auction)
a.
Forward
e-Auction – Cooperation Department will declare the minimum increment amount,
which shall be visible to all bidders during the start of the auction. The subsequent bid that comes into outbid the
H-1 price has to conform to minimum increment value or in multiples of the
incremental value.
b.
Auto
Bid – Bidder will have to feed highest bidding amount for a property in a
particular auction in the higher limit box at the begining of the auction /
during auction. Once the auto bid is
registered please note that it is not possible to change the auto-bid amount in
the system or remove the auto-bid amount from the system. The system will bid on
his behalf, based on the auction’s H1 rate.
His bidding dashboard will only show his rank & the H1 rate.
Auto-bid amount is not reached (in the H1 rate box) for a particular Property
in the auction, the Bid button on his screen will remain disabled. Once his auto bid amount is reached or
crossed, he will then have to bid manually only. The manual bid button will activated
automatically. The auto-bid option will
not be available again. Hence, his
auto-bid is only available once.
c.
The
auction need not be closed at scheduled closing time as a system of auto
extension is in built.If any bid is received during the last five minutes before the scheduled closure of the
auction of that particular lot the closing time of that particular lot will get
extended by five minutes till there is no bid in the last five minutes.
d.
The
minimum bid increments shall be available to the bidders at the start of the
auction. The bidder can view the same by
clicking on the item details at the start of the auction. The bidder can bid higher than Highest Bid in
the auction by an increment, multiplies of the minimum Bid increment or at
least minimum bid increment plus multiple of bid increment.
e.
After
completion of forward e-auction, the closing price shall be available for further
process.
f.
The
bids will be taken as an offer to purchase the property. Bids once made by a bidder, cannot be
cancelled / withdrawn and the bidder shall be bound to purchase as mentioned
above as final bid price.
g.
Cooperation
Department shall not have any liability to bidders for any interruption or
delay in access to the site irrespective of the cause.
h.
Bidders
are required to submit their acceptance to the terms / conditions / modalities
given above before participating in the auction.
9.
Payment of Purchase Money :
Successful bidder of
e-Auction shall be required to deposit 15% of the purchase money within three
working days from date of sale
(excluding e-Auction day). The amount
will be collected by e-Auctioneer on behalf of Sale Officer and the same shall
be credit into Sale Officer (who conducts the sale) account. If the successful bidder fails to pay the 15%
of the purchase money within three working days from the date of sale, the EMD
deposited by the purchaser shall be liable to be forfeited. The successful bidder shall pay the balance
of 85% of bid amount and stamp fee if any within 15days from the date of
auction. The Same shall be credited to
Sale Officer’s Account.
10. Amendments
(i)
All displays during the auction including
display of any additional conditions or corrections in the sale of property and
/ or additions or deletions of property being offered for sale are being done
with the consent and knowledge of Cooperation Department and it is binding on
the bidders.
(ii)
Cooperation
department reserves the right to withdraw any sale or part thereof from the
sale at any time before it is actually transferred the sale of rights without
disclosing the reasons for such withdrawal.
However, if any payment has been made for such sale, it would be refunded
without any interest thereon.
(iii) Cooperation Department reserves the right
to modify and amend the terms and conditions and intimate the same prior to
commencement of e-Auction.
(iv)
All
bidders, purchases, shall deemed to have read and acquainted themselves with these conditions of sale and
agreed to bid, subject to these conditions only.
11. Bid
Confirmation - EMD andBalance Payments
a.
The
intimation of confirmed acceptance of Bid will be issued only in the name of
bidder as is recorded in the registration form.
Any further correspondence will be only with the bidders on his name and
address as recorded in the registration form only. Kindly note, change in Bidder’s Name shall
not be considered.
b.
Please
note the intimation of highest bid for the property listed for sale by
e-Auction will be sent only through e-mail not by courier / post. Once the bid is confirmed by the Sale
Officer, the “confirmed Acceptance” will be intimated to the respective highest
/ successful bidder. After intimation of
the confirmed acceptance, the successful bidder has to pay an amount equivalent
to 15% of his bid amount less the EMD already been deposited. Remaining amount shall be paid within 15 days
from date of confirmed acceptance.
c.
In
case of any failure to pay the balance amount within the stipulated period as
per the Andhra Pradesh Cooperative Societies Rules, 1964, the entire sum
deposited by the successful bidder shall be forfeited and Cooperation
Department shall have the right to re-auction such property immediately in the
next auction without any intimation to the successful bidder.
12. Dispute
Resolution & Appointment of Arbitrator
In the event of dispute arising out of this
e-Auction, the same shall be referred for resolution to a sole arbitrator to be
appointed by Cooperation Department under the provisions of the Andhra Pradesh
Cooperative Societies Act 1964 and the rules made there under & Andhra
Pradesh Mutually Aided Cooperative Societies Act, 1995.
I.Y.R.KRISHNA RAO
SPECIAL CHIEF SECRETARY TO GOVERNMENT
ANNEXURE -II
(G.O.MS.No._____,
Agriculture & Cooperation (Coop-III) Department,
Dated
.12.2012)
E.P. NO. L.F.
NO.
FORM NO.8
(Under Rule 52 (11) (e) of the Andhra
Pradesh Co-Operative Societies
Rules 1964)
NOTICE OF SALE
It is hereby notified that the under
mentioned immovable property mortgaged in satisfaction of money of Rs. plus interest @ % P.A. from due by___________________________are
defaulters to the _______________________________ will be sold by public
Auction at _________________________________________________/ through e
Auction platform www____________________
on__________ at__________________
or any other day to which the sale may be adjourned. The Sale
2. Purchaser will be required to deposit
15 percent of the purchase money at the time of sale or as prescribed by the
sale officer but not more than three working days from the date of sale and if
the purchaser fails to pay the remainder of the purchase money within 15 days
from the date of sale, the money deposited by the purchaser shall be liable to
be forfeited. They should also along
with the remainder of the purchase money, and the cost of the stamp paper
necessary for the issue of the sale certificate in the event of the sale may,
at the discretion of the Registrar of the District be given for payment of cost
of the stamp paper alone.
3. If the person declared to be the
purchaser, fails to pay immediately after such declaration, the deposit of 15
percent of the purchase money referred to above, the officer conducting the
sale of the property shall forthwith be put again and re-sold. If the remaining purchase money and the cost
of the stamp paper referred in paragraph 2 are not paid within the stipulated
time, the immovable property will be re-sold after issue of a fresh
proclamation of the sale. The resale in
both cases will be at the expense and risk of the first purchaser.
4. Persons bidding at sale may be
requested to state whether they bid on their own account as an agent, and in
the latter cases to deposit a written authority signed by their principal
otherwise their bid may be rejected.
5. The Sale
6. The sale will not be final until
confirmed by the Registrar of the District and a period of 30 days will be
allowed between sale and confirmation for admission of appeals by parties
aggrieved by any proceedings in connection with such sales. On confirmation of the sale a certificate of
sale signed and sealed by the said Registrar will be granted to purchaser.
7. It is to be distinctly understood that
the Government are not responsible for errors either in the description of
immovable property or in their estimated extent.
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Mandal & Taluk
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Name of Defaulter and nature of loan
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Description of immovable property to
be sold with File Number & Letter
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Estimated extent
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Assessment
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Details of any encumbrances to which
the property is liable
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Remarks
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STATION
:
DATED
: REGISTRAR
OF DISTRICT
N.B
: - This notice shall be published by
affixing in the O/O The Registrar of the
District and the Mandal office atleast 30 days before the date fixed for the
sale and also by beat of tom tom in village on three (3) consecutive days
previous to the date of sale ( Rule 52(11) (e) of the Rules issued under the
Andhra Pradesh Cooperative Societies Act, 1964.or other mode for wide
publicity.
NOTICE :
- It shall be in the discretion of the
Officer conducting the sale to decline acceptance of the highest bid to when
the price offered appears so clearly inadequate as to make if advisable do so
for other reasons.
The Title Deeds relating to the
property have not been with the Registrar of the District and the purchaser
will take the property subject to the risk of the being mortgages by deposits
of title deeds or mortgages not disclosed in the encumbrance certificate.
Copy
Submitted to the Divil Coop. Officer (______________).Division
Copy
Submitted to the District Cooperative Officer _____________Dist.
Copy
Submitted to the Commissioner & Registrar of Coop, Societies A.P. Hyderabad
Copy
Submitted to Secretary A.P. Coop. Tribunal
Copy
Submitted to Concerned Mandal Revenue Officer
Copy
Submitted to Concerned Sub Registrar
Copy
Submitted to the Joint Registrar/Liquidator
ANNEXURE -III
(G.O.MS.No._,
Agriculture & Cooperation (Coop-III) Department,
Dated
-12- 2012)
E.P. NO.
L.F. NO.
FORM NO.9
(Under Rule 52 (11) (e) of the Andhra
Pradesh Co-operative Societies
Rules 1964)
NOTICE OF SALE
To,
Take NOTICE that the under mentioned
immovable property attached mortgaged satisfaction of claim made by
………………………………………………………..holder of a decree/an Award/an Order on behalf of the
……………………………………………… will be sold by PUBLIC AUCTION/through e Auction
platform www.-------------------- on
at at
As indicated in detail in the
statement in schedule of property described below: -
The sale will commence at …………….
and the said property will be knocked down to the highest bidder, subject to
usual conditions of sale.
STATION
: -
DATED
:- REGISTRAR OF DISTRICT
SCHEDULE OF PROPERTY TO BE SOLD
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Mandal& Taluk
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Name of the Defaulter and Nature of Loan
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Description of immovable property to
be sold with File Number & Letter
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Estimated extent
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The amount for the recovery of which the sale is
ordered
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Remarks
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SCHEDULE: Property bearing No
BOUNDED BY: EAST:
WEST:
NORTH:
SOUTH:
NB
:- This NOTICE shall be issued to the decree holder and the defaulter after the
proclamation of sale is published provided in rule 52(11) (e) of Rules issued
under the Andhra Pradesh Cooperative Societies Act, 1964 (Act 7 of 1964).
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