Amendment status not verified — confirm the current text below against the official source.
(1) The Commission shall have all such powers as are necessary for achieving the objects of this Act, and in particular,-- (a) to recommend to the Government on application or otherwise, after such enquiry as the Commission may deem fit, and on the basis of the general criteria as may be prescribed by the Government to declare any districts or district or fishermen zone forming part thereof as disaster affected area for a proposed period; (b) to determine, in the case of creditors other than institutional creditors, a fair rate of interest and an appropriate level of debt, as it may consider just and reasonable to be payable by the indebted fisherman in the distress affected area; (c) to undertake conciliation for the settlement of disputes between the indebted fishermen and the creditors other than institutional creditors, on the basis of the fair rate of interest and appropriate level of debt determined under clause (b); (d) to adjudicate the disputes between indebted fishermen in the disaster affected area and the creditors, other than institutional creditors, and to pass awards which shall be binding on both parties: Provided that before passing an award as per this clause the creditor shall be given an opportunity of being heard; (e) to enter into negotiations with the creditors, for loan waiver, the interest rate relief, the loan rescheduling or loan moratorium to the fishermen in the disaster affected areas; (f) to recommend the Government regarding the extent and the manner in which the debt relief to be granted to the fishermen; (g) to recommend to the Government to take over the whole or part of the debt and exonerate the fishermen, from the consequences 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 fishermen are met through such agencies, as may be prescribed; (i) to make periodical reports to the Government generally on any matter pertaining to fishermen indebtedness; [x x x] [(j) to recommend the Government to take over the debt of fishermen under sub-section (1) of Section 9A; (k) to issue orders to the Fishermen Co-operative Society for sanctioning new loan to fishermen, under sub-section (2) of Section 9A; and (l) to perform such other functions and exercise such other powers, as may be prescribed.] (j) to perform such other functions and exercise such other powers, as may be prescribed. (2) Issue orders keeping in abeyance with the repayment of all debts of fishermen in the distress affected areas to the creditors other than institutional creditors considering the shortage in the availability of fish, fall in price, loss due to natural calamity etc. for a period of time limit not exceeding the period between six months and one year. Provided that the issuance of orders shall be subject to the awards and directions of Commission under sub-section (1). (3) Notwithstanding anything contained in any other provisions of this Act, the limit of debt relief granted to a fisherman by way of waiver in the principal, interest and penal interest, shall not exceed the limit as may be fixed by the Government from time to time. (4) An award passed by the Commission under clause (d) of sub-section (1) shall be final and shall not be called in question in any court. (5) The awards of the Commission as per clause (d) of sub-section (1) may be executed as a decree of Civil Court under the provisions of Code of Civil Procedure, 1908 (Central Act 5 of 1908). (6) The Commission shall, for the purpose of exercising the powers conferred by or under this Act, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely: - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d) issuing commission for the examination of witnesses or for local investigation; (e) inspecting any property or thing concerning with any decision has to be taken; (f) requisitioning of any public record or copy thereof from any court, authority or office; and (g) any other matter which may be prescribed. [(7) If any person, other than institutional creditor and financial institution, takes any action against any provision of sub-section (2) or Section 9A or Section 11 or any order or award issued by the Government or the Commission under such provisions, the Commission shall have the power to recommend disciplinary action against him and impose a fine not exceeding one lakh rupees and to recommend to the Government to take prosecution proceedings: Provided that before taking disciplinary action or imposing fine or recommending prosecution proceedings, the person concerned shall be given a reasonable opportunity of being heard before the Commission and the Commission Chairperson shall be present in the bench constituted under sub-section (4) of Section 8 to initiate such proceedings.] Omitted by Act 38 of 2018, (w.e.f. 20/10/2018). Prior to the omission it reads as "and" Substituted by Act 38 of 2018, (w.e.f. 20/10/2018). Added by Act 38 of 2018, (w.e.f. 20/10/2018).