Power for the State Government to Make Rules as to Sales of Land in Execution of Money-Decrees
Some interests in land are so uncertain or undetermined that no court can fix their value for an auction. Section 67 lets the State Government write special sale rules for such interests by Gazette notification — carry over old local rules — and (since 1984) lay every rule before the State Legislature.
How to read Section 67
This is a delegated rule-making section: Parliament hands the State Government a narrow power to regulate a special problem — selling land-interests whose value cannot be fixed — subject to legislative oversight.
For a local area, the State Government may impose conditions on the execution-sale of land-interests that are so uncertain their value cannot be fixed.
Where special local rules already existed when the Code came into force, the Government may declare them in force or modify them — and must publish their text.
Added in 1984: every rule made under this section must be laid before the State Legislature — democratic control over the delegated power.
The bare Act
(1)1 The State Government ***2 may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion of the State Government, to make it impossible to fix their value.
(2)3 When on the date on which this Code came into operation in any local area, any special rules as to sale of land in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette declare such rules to be in force, or may ***2 by a like notification, modify the same.Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.
(3)4 Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
1. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3.
2. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule, Pt. I.
3. Sub-section (2) added by Act 1 of 1914, s. 3.
4. Sub-section (3) ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
Key terms decoded
The executive of the State — the authority on whom this rule-making power is conferred (originally subject to the Governor-General’s sanction, since removed).
The formal instrument by which the rules are made and published — delegated legislation takes effect only when so notified.
A defined territory within the State — the rules can be tailored area by area, not necessarily State-wide.
A category of rights in land (e.g. certain tenures or shares) — the section targets kinds of interest, not single plots.
The setting: enforcing a money decree by selling the debtor’s land-interest — the only context these rules govern.
The interest’s extent or nature is so unsettled that… its worth cannot be reliably assessed — the trigger for special rules.
An ordinary valuation for auction cannot be done — so a tailored procedure is needed instead of the normal sale machinery.
Local sale-rules that already existed when the Code commenced in that area — preserved by allowing the Government to continue or modify them.
The two transitional powers: keep the pre-existing local rules alive, or alter them — both by Gazette notification.
A transparency duty: the notification must reproduce the actual rules it continues or changes — not merely refer to them.
Placed before the House so it can scrutinise (and, under its procedure, modify or annul) the delegated rules — the 1984 accountability safeguard.
The old colonial requirement of the Governor-General-in-Council’s prior sanction — deleted in 1920, leaving the power the State Government’s own.
The picture — a tailored rule-making power, under oversight
A narrow, tailored power: make new conditions for hard-to-value land-interests (1), carry over or adjust the old local rules (2), and — since 1984 — answer to the legislature for every rule (3).
Section 67, part by part
Three sub-sections — a power, a transition, and an accountability check. Switch tabs to walk through the operative phrases of each.
How the three sub-sections work as one body
Amendment history — a timeline
By Act 1 of 1914, s. 3, the original single section was renumbered as sub-section (1) and a new sub-section (2) was added — the transitional power to continue or modify special local sale-rules that pre-dated the Code.
By Act 38 of 1920, s. 2 and the Schedule, Pt. I, the words “with the previous sanction of the G.G. in C.” were omitted from (1) and (2). The State Government no longer needed the Governor-General-in-Council’s prior sanction — the power became its own, reflecting the devolution of authority to the provinces.
By Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984), a new sub-section (3) was inserted requiring every rule to be laid before the State Legislature — bringing this delegated power into line with the modern norm of legislative control over subordinate legislation.
Connected provisions
Section 67 supplies special machinery for one hard case in execution-sales of land; it sits among the general sale and attachment powers and is worked out in detail through the Order XXI sale rules.