section 53
Revision
The Bengal Public Demands Recovery Act, 1913(1) The Deputy Commissioner may revise any order passed by a Certificate Officer, Assistant Commissioner or Additional Deputy Commissioner under this Act; the Commissioner may revise any order passed by a Deputy Commissioner under this Act; (2) the Commissioner may revise any order passed by a Deputy Commissioner under this Act. (3) the State Government may revise any order passed by a Commissioner under this Act. (1) Poundage fees shall be leviable in Court-fee stamps in all cases of sale under the Bengal Public Demands Recovery Act, 1913, at the rate of two per cent on the gross amount realised by the sale upto Rs. 1,000 and at the rate of one per cent, on all excess of gross proceeds beyond Rs. 1,000 : Provided that where a sale of immovable property is set aside under s.25, sub-s (2) of the act, any poundage or other fee charged for selling the property shall, on application, be refunded. (2) The percentage be calculated on multiples of Rs. 25, that is to say, a poundage fees of 8 annas shall be levied for every Rs. 25 or part of Rs. 25 realised by the sale up to Rs. 1,000, and in the case of the proceeds of the sale exceeding Rs. 1,000, a fee of 4 annas for every Rs. 25 or part thereof the excess proceeds above Rs. 1,000, shall be levied. (3) In case in which several properties are sold in satisfaction on one certificate, only one poundage fee, calculated on the gross sale proceeds, shall be levied, two per cent, being charged on the gross sale proceeds upto Rs. 1,000 and one per cent, on the cases over Rs. 1,000 of such proceeds. (4) The proceeds of a sale effected in execution of any certificate may, be paid out of Court only on an application made for that purpose in writing and the poundage fee for selling the property must be paid by stamps affixed to the first of such application whether it be, or be not, made by the person who obtained the order for sale, or whether it does or does not, extend the whole of the proceeds. No fee shall be chargeable upon any such application subsequent to the first. (5) In case in which the certificate holder applies for leave to purchase under R. 49, sub-R, (1), no order to set-off the purchase-money against the amount of certificate shall be made upon the application for leave to purchase. Such order shall be made upon a petition presented after the property has been knocked down to the certificate holder at the auction sale, and such petition shall be stamped of the value of the poundage fee due for selling the property. (1) Poundage fees shall be leviable in Court-fee stamps in all cases of sale under the Bengal Public Demands Recovery Act, 1913, at the rate of two per cent on the gross amount realised by the sale upto Rs. 1000 and at the rate of one per cent, on all excess of gross proceeds beyond Rs. 1,000 : Provided that where a sale of immovable property is set aside under s.25, sub-s (2) of the act, any poundage or other fee charged for selling the property shall, on application, be refunded. (2) The percentage be calculated on multiples of Rs. 25, that is to say, a poundage fees of 8 annas shall be levied for every Rs. 25 or part of Rs. 25 realised by the sale up to Rs. 1,000, and in the case of the proceeds of the sale exceeding Rs. 1,000, a fee of 4 annas for every Rs. 25 or part thereof the excess proceeds above Rs. 1,000, shall be levied. (3) In case in which several properties are sold in satisfaction on one certificate, only one poundage fee, calculated on the gross sale proceeds, shall be levied, two per cent, being charged on the gross sale proceeds upto Rs. 1,000 and one per cent, on the cases over Rs. 1,000 of such proceeds. (4) The proceeds of a sale effected in execution of any certificate may, be paid out of Court only on an application made for that purpose in writing and the poundage fee for selling the property must be paid by stamps affixed to the first of such application whether it be, or be not, made by the person who obtained the order for sale, or whether it does or does not, extend the whole of the proceeds. No fee shall be chargeable upon any such application subsequent to the first. (5) In case in which the certificate holder applies for leave to purchase under R. 49, sub-R, (1), no order to set-off the purchase-money against the amount of certificate shall be made upon the application for leave to purchase. Such order shall be made upon a petition presented after the property has been knocked down to the certificate holder at the auction sale, and such petition shall be stamped of the value of the poundage fee due for selling the property.
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