Pre. [ACT 1 OF 2007]

An Act

PREAMBLE

to provide relief to those farmers who are in distress due to indebtedness, by constituting a Commission with power to pass awards after adjudication and to recommend appropriate measures for the redressal of the grievances of such farmers through conciliation and negotiation and for matte

S.1 Short title and commencement

(1) This Act may be called the Kerala Farmers' Debt Relief Commission Act, 2006.

(2) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires, -

(i) “agriculture” includes horticulture, farming and growing of medicinal plants, crops and intercrops, fruits, vegetables, flowers, grass, fodder grass and trees or any kind of cultivation of soil, conducting nursery, breeding and keeping of live stock including fish mussel, bees, silkworm, poultry, duck, cattle or pig and the

S.3 Constitution of the Commission

(1) The Government shall, as soon as may be after the commencement of this Act, by notification in the Gazette, constitute a Commission by the name, "the Kerala State Farmers' Debt Relief Commission", for the purpose of exercising the powers and performing the functions under this Act.

(2) The Commission shall consist of five members, namely:–

(1) The term of the Commission shall be 3 years:

Provided that, the Government may extend such period, if deem necessary.

(2) A member may, by writing under his hand and address to the Government, resign his office at any time.

(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 either suo motu or on application, after such enquiry as it may deem fit and subject to such general guidelines as may be prescribed by Government to declare a district or districts or part thereof or a crop or crops as distres

S.6 To declare as distress affected area or distress affected crop

As soon as may be, after the receipt of a recommendation under clause (a) of sub-section (1) of section 5 the Government shall declare, as the case may be, as a distress affected area or a distress affected crop.

S.7 Application for debt relief

A farmer claiming any debt relief under this Act shall file an application before the Commission in manner and in the form as may be prescribed.

S.8 Sittings of the Commission

(1) The Commission shall hold its sittings at such places and at such times as may be determined by it :

Provided that the Commission shall hold its sittings in the respective district/districts declared as distress affected areas to consider matters relating to the distress affected areas.

S.9 Special provisions in respect of settlement of certain loans taken by farmer

(1) Notwithstanding anything contained in this Act or in any other law or contract or decree or order of any Court or Tribunal, a member authorised by the Commission may initiate negotiation to, -

(a) reschedule short-term loans into medium term loans and medium term loans into long term loans, in respect of the debts availed of by a farmers described in clause (b) of sub-section (1) of section 5 from commercial banks or other scheduled banks, or

(b) provide necessary facilities for

S.10 Re-scheduling of loans taken by a farmer from financial institutions

(1) Notwithstanding anything contained in this Act or in any other law or contract or decree or order of any Court or Tribunal, the Commission may reschedule the recovery of loans availed by a farmer described in clause (b) of sub-section (1) of section 5 on or before the date of declaration as a distress affected area, distress affected crop under section 6 or a distress affected farmer from any financial institution notified by the Government for this purpose.

S.11 Bar of suits, applications and other proceedings

No suit for recovery of debt shall be instituted, or application for execution of a decree in respect of a debt shall be made against a farmer described in clause (b) of sub-section (1) of section 5 and no appeal, revision petition or application for review against any decree or order in any such suit or application shall be presented or made against such a farmer in any Civil Court, or Tribunal or other authority, and such suits, applications, appeals and petitions insti

S.12 Payment of debt in installments

(1) Notwithstanding anything contained in any law or contract or in any decree or order of any Court or Tribunal, a farmer described in clause (b) of sub-section (1) of section 5 may discharge his debts in suitable instalments together with fair rate of interest as recommended by the Commission on the principal amount outstanding at the time of each payment, in the manner as may be directed by the Commission and on payment of the same in the manner directed by the Commiss

S.13 The debt shall be deemed as fully repaid

Notwithstanding anything contained in this Act or in any other law or contract or in any decree or order of any Court or Tribunal, if a farmer has repaid the principal amount taken as loan by him and an amount equal to it to a creditor other than institutional creditor, the debt shall be deemed to be fully discharged by the said farmer.

S.14 Annual Report to be laid before the Legislative Assembly

(1) The Commission shall prepare a report of its function of that year under this Act and the same shall be submitted to Government in such form on or before such date as may be prescribed.

(2) The Annual Report submitted to the Government by the Commission under sub-section (1) shall be laid before the Legislative Assembly, as soon as may be, after the same is received by the Government.

S.15 Accounts and Audit

(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed.

(2) The accounts of the Commission shall be audited annually and the audited report shall be placed before the Legislative Assembly.

S.16 Overriding effect of Act

The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law, other than this Act, or any instrument having effect by virtue of any law other than this Act.

S.17 Bar of jurisdiction of Civil Court

No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under the Act or the rule made thereunder are required to be settled, decided or dealt with or to be determined by the Commission or the Government:

Provided that nothing in this section shall be applicable to the execution proceedings under sub-section (5)

S.18 Members of the Commission shall be public servants

Every member of the Commission nominated under sub-section (1) of section 3 and the Secretary and other staff appointed under sub-section (4) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code 1860 (Central Act 45 of 1860).

S.19 Protection of action taken in good faith

No suit or legal proceeding shall lie against any member of the Commission or Secretary or other officers for anything which is done or purported to be done in good faith under this Act.

S.20 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, as occasion requires, do anything not inconsistent with the provisions of this Act, which appears to them to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid before the Legislative Assembly.

S.21 Power to make rules

(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying in to effect the provisions of this Act.

(2) Every rule made under this section, shall be laid, as soon as may be after it is made, before the Legislative assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rules should n