Mumbai: The state govt has issued a revised and comprehensive set of guidelines to expedite the recovery of dues under Revenue Recovery Certificates (RRCs) and recovery warrants, giving special priority to cases received from the Maharashtra Real Estate Regulatory Authority (MahaRERA) in view of the financial interests of homebuyers.The circular supersedes the govt’s earlier guidelines issued in March 2012 and lays down a detailed mechanism for collectors, sub-divisional officers (SDOs) and tehsildars across the state.While additional district collectors and resident deputy collectors have been appointed as dedicated revenue recovery officers in the collectorates of some districts, including Mumbai, Thane and Pune, they will soon be appointed in other districts as well. These officers will allocate RRC and recovery-warrant cases, monitor their progress and submit monthly reports to the state govt by the fifth of every month. The reports will include details of warrants received, cases settled, amounts recovered, pending cases, outstanding amounts, reasons for delays and further action proposed.The circular directs the collectorates to scrutinise the revenue recovery certificates and, after verifying their eligibility for recovery, forward them to the concerned tehsildar within seven days.Tehsildars have also been instructed to take up recovery warrants on a priority basis. After registering an RRC and verifying the defaulter’s address and other details, the tehsildar is required to issue a demand notice giving the defaulter 14 days to make the payment. The authorities have also been directed to obtain an affidavit from the defaulter detailing the movable and immovable properties held in their name or possession.If the dues remain unpaid, proceedings for the seizure of movable and immovable properties are to be initiated without delay, followed by auction proceedings as prescribed under the Maharashtra Land Revenue Code, 1966. A key feature of the revised procedure is an expanded mechanism for tracing the assets of defaulters. Officials have been directed, where necessary, to examine land records maintained by the Revenue Department, registration and stamp records maintained by the Inspector General of Registration and Controller of Stamps, RTO records, and records of urban and rural local bodies.They may also examine corporate records available with the Registrar of Companies and the Ministry of Corporate Affairs, including company master data, annual returns, financial statements and registered charges. Information available with the income tax department may also be sought, in accordance with applicable legal provisions, to identify and trace assets.If no property is found within a taluka, officials must investigate whether the defaulter owns property in other talukas of the district. Where property is found elsewhere, the recovery case is to be transferred to the appropriate tehsildar or district collector.Public auctions must be conducted to dispose of seized properties. For this purpose, details of the seized property should be published in the Govt Gazette as well as in newspapers.The state revenue department has directed that MahaRERA recovery warrants be treated as priority cases, citing the interests of individual flat purchasers, who may otherwise be deprived of their rightful homes and money. The circular also warns of disciplinary action against officials found negligent in carrying out recovery proceedings.
