Bhubaneswar: Expressing dissatisfaction on the large number of pending certificate cases filed under Odisha Public Demands Recovery Act, 1962, the state government has instructed all collectors for speedy disposal of the cases.
Revenue secretary Nikunja Bihari Dhal has recently written letters to all collectors in this regard.
A large number of certificate cases which have been filed under the relevant provisions of the OPDR Act are pending for disposal at different stages in different Certificate Courts.
Certificate cases involving an amount more than Rs 10 lakh but not exceeding 25 lakh are tried by sub-collectors while those over Rs 25 lakh are tried by collectors.
“Review of the status of certificate cases reveals that desired priority is not given for speedy disposal of such cases and huge amount of certificate dues are locked in certificate proceedings to the detriment of the government and financial institutions,” Dhal wrote to collectors.
For effective disposal of certificate cases, the secretary asked collectors to follow various sections and provisions made under the OPDR Act.
The officers are instructed to issue show cause notice to the certificate-debtor and give 30 days to submit the reply. After that, the concerned certificate officer will hear the case personally and dispose the case.
After the period of 30 days from the date of confirmation of demand, the certificate officer can take steps for execution of certificate by attachment and sale of any property or in the case of immovable property, by sale without previous attachment, arresting the certificate-debtor and detaining him in the civil prison.
However, the certificate officers are also authorised to attach the whole or any part of the movable property of the certificate-debtor at any time by recording reasons in writing, he mentioned in the letter.
He made it clear that no warrant for arrest and detention of the certificate-debtor will be made without serving a show cause notice. The arrest or detention of women, minors or persons of unsound mind shall not be resorted to, he stated.
“Frequent adjournment of certificate cases without proper reason is also undesirable. I would, therefore, request you to take timely and effective steps for recovery of certificate dues by scrupulously following the provisions of the OPDR Act and rules made thereunder,” he added.
