Amendment status not verified — confirm the current text below against the official source.
Constztuuon of the CommtSswn --(1) The Government shall, as soon as may be after the commencement of th1s Act, by nottficat10n m the Gazette, constitute a Commtss1on by the name, "the Kerala State Fanners' Debt Reltef Comm1ss10n", for the purpose of exerctstng the powers and perfomung the functions under this Act (2) The Comm1sston shall consists of five members, namely- (0 a rettred High Court Judge Chamnan (11) an agncultural expert ' Member (w) two representatives of farmers Members {tv) a person workmg m connectiOn with econom1c/co-operauve sector Member (3) The Charrman and Members shall be nommated by the Government (4) The Government may, appomt a Secretary and other staff as may be necessary, to asstst the Commtsston m such manner as may be prescnbed (5) In the dtscharge of thetr duttes, the Secetary and other staff referred ~ to tn sub-sectiOn (4) shall be subJect to the admmlstrattve control of the Chamnan , 21 \' 4 Term of the Comm1ssron and condztwns of sen1tce of the membe1s- ( 1) The tenn of the commtsston shall be 3 years. Provtded that, the Government may extend such pcnod, tf deem necessary . . (2) A member may, by wntmg under h1s hand and address to the Govefnment, restgn hts office ~t any ttme (3) A vacancy ansmg hy reason of rcstgnatton of any member of the Commtsston under sub-~ect10n (2) or otherw1se ~hall be filled up m accordance wtth the provtstons contamed m sectiOn 3 of tlus Act. Provtded that the person so appomted shall hold offtcc only for the remammg penod .of term of the person, m whose place he is nppomtcd • (4) Government may remove any member, tf he,- (a) IS declared as undischarged msolvent, \ (b) becomes mcapablc of contmumg as such, due to phys1cal or mental dtsabthty, - (c) becomes unsound mmd and stands so declared by a court of competent JUriSdictiOn; (d) has been convtcted for an offence, whtch m the opmton ot the Government mvolves moral turpltude or financial trregulantles; (e) has, m the opmton_ of the Government, abused l11s offtc1al posttton so as to render h1s contmuance m office prejud1c1al to pubhc mter.cst. ' Provided that the person may be gtven an opportumty of bemg heard, before proceedmg as sue~ (5) The CommiSSion shall regulate Jts own procedure for the conduct of 1ts busmess (6) The salary and allowances and the other cond1t1ons of scrvtce of the Chatrman and members shall be, as may be prcscnbcd \ 5 Powers and Functwns of the Commzsswn---( 1) The Commtsswn shall have all such powers as are necessary for achtevmg tl_lc obJects of thts Act, and m parttcular,- (a) to recommend to the Government c1ther suo motu or on apphcat10n, after such enqutry as 1t may deem fit and subJect to such general gUJdeJmes as may be prescnbed by Government to declare a dtstnct or dt~tncts or part thereof or a crop or crops or a fanner, as dtstress affected area, dtstrcss affected c1op or dtstress affected farmer as the case may be; 22 (b) to ftx, m the case of creditors other than mstttutwnal creditors, a "V fatr rate of mtercst and an appropnate level of debt, to be payable as the Comm1sston may consider JUSt and reasonable by a farmer declared as dtstress affected or related to an area or crop declared as dtstress affected area or dtstress affected crop as per sectton 6 as the case may be, (c) to undertake concthatJOn for settlement of dtsputes between mdebted farmers and credttors, other than mstttutwnal credttors, on the basts of the fatr rate of mtercst and appropnate level of debt fixed under clause (b), (d) to adJUdicate disputes between farmers descnbed m clause (b) and creditors, other than mstitutJOnal credttors, and to pass awards whtch shall be bmdmg on both parties: ' Provided. that before passmg an award as per thts clause a credator shall ~ be g1ven a reasonable opportumty of bemg heard. (e) to enter mto negottat10ns wtth the credators for loan wa1ver, interest rate rehef, loan rescheduling or_ loan moratonum to fanners descnbed m clause (b), (f) to recommend to the Government regardmg the extent and the manner m whtch the debt rehef to be granted to the fanners; (g) to recommend to the Government to take over the entire or partial debt and exonerate the farmers, from the effects of the debt, (h) to recommend to the Government to do such acts as may be ~ necessary to ensure that future credit requirements of the .farmers are met through such agencies, as may be prescnbed, (1) to make penodacal reports to the Government generally on any matter pertammg to fanner mdebtedness, and (J) to perform such other functtOns and exerctse such other powers, as may be pres en bed (2) Issue orders keepmg m abeyance the repayment of all debts of fanners descnbed m clause (b) of sub-section (1) to the credt tors, other than mshtutwnal credttors, constdenng rhe nature of crops and crop loss, for a penod not Jess than one year but not more than 3 years Provtded that such orders shall be subject to the awards and directiOns under sub-sect10n ( 1) ' . 23 • ( (3) Notw1thstandmg anythmg contamed m any other provtstons of th1s .. Act, any debt rehef granted to a fanner by way of wa1ver of prmctpal, mterest and penal mterest, tf any shall not exceed seventy five per cent 1f such debt •s fifty thousand rupees or less and fifty per cent, tf such debt exceeds ftfty thousand rupees, arrived at after settlement or rupees one lakh whichever ts less (4) An award passed by the Commtsston under clause (d) of sub-sccuon ( 1) shall be final and shall not be calJcd m questiOn m any court (5) The awards of Comm1ssmn under clause (d) of sub-~ecllon (1) shall be executed under the provrsrons of the Code of C1v1I Procedure, 1908 (Central Act 5 of 1908) as tf tt 1s decree of a C1v1l Court ~ (6) The Comm1ssion shall, for the purpose of cxcrcts1ng the powers conferred by or under thts Act, have all the powers of a Ctvtl Court whtlc trying a sutt under the Code of C1v1l Procedure, 1908 (Central Act 5 of 1908), m respect of the followmg matters, namely- (a) summonmg and enforcmg the attendance of any P!=rson and exammmg hun on oath, {b) reqUinng the dtscovery and productiOn of any documents, • (c) I recetvmg evtdencc on affidavit; (d) tssumg commtsston for the exammauon of Witnesses or for local mvesttgat10n, (c) mspectmg any property or thmg concemmg wluch any dectswn has to be t~kcn, (f) requtsttsonmg of any pubhc record or copy thereof from any court, authonty or office; and (g) any other .matter whtch may be prescnbed ..