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Kerala Gazette No. 28 dated, 10th July, 2007.
PART II
SECRETARIAT OF THE KERALA LEGISLATURE
NOTIFICATION
No. 1777/Legn.2/07/Leg. Dated, Thiruvananthapuram, 10th July 2007.
The Kerala Fishermen Debt Relief Commission Bill, 2007 together with the
Statement of Object and Reasons, the Financial Memorandum and the
Memorandum regarding Delegated Legislation is published, under Rule 69 of the
Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly.
DR. N. K. JAYAKUMAR,
Secretary,
Legislative Assembly.
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[Translation in English of “2007-se tIcf a’y-sØm-gn-emfn ISmizmk
IΩo-j≥ _n¬” published under the authority of the Governor.]
THE KERALA FISHERMEN DEBT RELIEF COMMISSION BILL, 2007
A
BILL
to provide for urgent relief to the fishermen who are in distress due to
indebtedness, by constituting a Commission for recommending relief measures
to such fishermen and for solving their problems through conciliation,
negotiation and adjudication and for matters connected therewith or incidental
thereto;
Preamble.—WHEREAS, majority of the traditional fishermen, earning
livelihood by fishing in sea and in inland waters, are now entrapped in great
indebtedness;
AND WHEREAS, loan was obtained in large scale from various agencies,
banks and individuals for the purchase of fishing equipments and the situation
of inability to repay the debt exist for years due to disgust in production, fall in
price and unemployment and the liability of debt has been accruing;
AND WHEREAS, the liability of fishermen is increasing due to natural
calamities, sea erosion, Tsunami and the changes in the climate occurring again
and again the loss of work and the losses caused to the fishing equipments etc;
AND WHEREAS, they are entrapped in great indebtedness and are unable to
repay their loan obtained for years with interest;
AND WHEREAS, it is expedient to provide for urgent relief to the Fisherman
who are in distress due to indebtedness by constituting a Commission for
recommending appropriate relief measures to such fishermen and for solving their
problems through conciliation negotiation and adjudication and for matters
connected therewith or incidental thereto;
Twelfth Kerala Legislative Assembly
Bill No. 92
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BE it enacted in the Fifty-eighth year of the Republic of India
as follows:—
1. Short title and commencement.—(1) This Act may be called the
Kerala Fishermen Debt Relief Commission Act, 2007.
(2) It shall come into force at once.
2. Definitions.—In this Act, unless the context otherwise requires,—
(i) “appropriate level of debt” means the amount of debt to be
repaid by the debtor as determined by the Commission under clause (b) of sub-
section (1) of section 5 of this Act;
(ii) “Commission” means the Kerala State Fishermen Debt Relief
Commission constituted under section 3;
(iii) ‘Co-operative society’ means a society registered or deemed to
have been registered under the Kerala Co-operative Societies Act, 1969
(21 of 1969);
(iv) ‘Creditor’ means any person engaged in money lending, whether
under a licence or not and includes his heirs, legal representatives, assignees,
middle men, co-operative society and includes any other person as may be
notified by the Government;
(v) ‘debt’ means any liability, in money, whether secured or
unsecured, due from a fisherman on or before the commencement of this Act
whether payable under a contract, or under a decree or order of any court or
Tribunal, or otherwise and includes,
(a) any sum payable to ;
(i) an institutional creditor ;
(ii) a co-operative society ;
(b) any sum borrowed by a debtor from a creditor ;
but does not include any loan amount taken by a fisherman for
commercial purposes or luxury other than fishing purposes to augment his
income and the amount payable to Central or State Governments’ or other State
Governments or Governments of Union Territories and the amount due to Local
Self Government Institutions, Statutory bodies, Central or State Public Sector
Undertakings or other Institutions as may be specified by the Government by
notification;
(vi) ‘distress affected area’ means revenue district/districts or part
thereof in the State declared by the Government as per section 6, for the
purpose of this Act, on the recommendations of the Commission ;
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(vii) “district” means a revenue district ;
(viii) ‘fair rate of interest’ means the rate of interest determined by
the Commission under clause (b) of sub-section (1) of section 5 of this Act ;
(ix) ‘fish’ means various types of bio and non-bio-aquatic products
caught from sea and inland water sources and aqua-culture products, fish, prawn,
lobster, oyster, shell, crab etc. growing in aqua culturing centers and also
include any other bio and non-bio-aquatic products as may be specified by
notification by the Government ;
(x) ‘fishing’ means,—
(a) all types of fishing such as traditional or mechanised ;
(b) sale of sea water fish products/pure water/saline water
fish products by a family member of fisherman travelling to various places by
bye-cycles or head load ;
(xi) ‘fisherman’ means a person who accept fishing as the foremost
means of livelihood and whose annual income does not exceed rupees two
lakhs and includes the widow of a fisherman;
(xii) ‘Government’ means the Government of Kerala;
(xiii) ‘interest’ means any amount payable in excess of the principal
amount borrowed or pecuniary obligation incurred, by whatsoever name such
amount may be called, whether the same is expressly mentioned or not in the
document or contract, if any;
(xiv) ‘institutional creditor’ means the State Bank of India or any
Subsidiary Bank within the meaning of clause (k) of section 2 of the State Bank
of India (Subsidiary Banks) Act, 1959 or any Nationalised or Scheduled Bank or
Co-operative Bank;
(xv) ‘member’ means a member of the Commission and includes the
Chairperson;
(xvi) ‘penal interest’ means any amount payable in excess of interest on
a debt;
(xvii) ‘prescribed’ means prescribed by the rules made under this Act;
(xviii) ‘principal amount’ means the amount originally advanced together
with the amount, if any, as has been subsequently advanced, notwithstanding
any stipulation to treat any interest as capital and notwithstanding that the debt
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has been renewed, whether by the same fisherman or by his heirs, assignees, or
legal representatives or by any other person acting on his behalf or on his
interest, and whether in favour of the same creditor or his heirs, assignees or of
any other person acting on his behalf or on his interest;
(xix) ‘Secretary’ means the secretary to the Commission appointed under
sub-section (5) of section 3;
3. Constitution of the Commission.— (l) For the purpose of exercising the
powers and discharging the duties under this Act, the Government shall, as soon
as may be after the commencement of this Act, by notification in the Gazette,
constitute a Commission by name, “The Kerala State Fishermen Debt Relief
Commission”.
(2) The Commission shall consists of four members, namely:—
(i) a retired district Judge: Chairman;
(ii) an expert in fisheries, social, technical, financial and
administration: Member;
(iii) a representative of fishermen: Member;
(iv) a person nominated by the Government from the Co-operative
Sector under sub-section (3): Member for the respective District.
(3) The Government shall nominate a member from each District among
those persons who are engaged in fishermen service activities in that district for
the purpose of item (iv) of sub-section (2) and he shall exercise the powers and
discharge the duties as a member of the Commission, in respect of matters
relating only to his district.
(4) The Chairman and members shall be nominated by the
Government.
(5) The Government shall, appoint a Secretary and other
employees as may be necessary, to assist the Commission in such manner as
may be prescribed.
(6) In the discharge of their duties, the Secretary and other
employees referred to in sub-section (5) shall be subject to the administrative
control of the Chairman.
4. Term of the Commission and the conditions of service of the members.—(1)
The term of the Commission shall be three years:
Provided that, the Government, as it deems necessary, may extend the
term to such period.
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(2) A member may at any time written by his own handwriting addressed
to the Government, resign his office.
(3) A vacancy arising by reason of resignation of any member of the
Commission under sub-section (2) or otherwise shall be filled up in accordance
with the provisions contained in section (3) of this Act:
Provided that the person so appointed shall hold office only for the
remaining period of the term of the person, in whose place he is appointed.
(4) Government may remove any member, if he,—
(a) is declared as an undischarged insolvent;
(b) becomes incapable of continuing as such, due to physical or
mental disability;
(c) becomes unsound mind and stands so declared by a court of
competent jurisdiction;
(d) has been convicted for an offence, which in the opinion of the
Government, involves moral turpitude or financial irregularities;
(e) has, in the opinion of the Government, abused his official
position so as to render his continuance in office prejudicial to the public
interest.
(5) The Commission shall regulate its own procedure for the conduct of
its business.
(6) The salary, allowances and other conditions of service of the Chairman
and members shall be such as may be prescribed.
5. Powers and duties of the Commission.— (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
criteria as may be prescribed by the Government to declare a district or districts
or part thereof as distress affected area;
(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;
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(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
distress 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 distress 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; and
(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, any debt relief granted to a fisherman arrived at after settlement by way of
waiver in the principal, interest and penal interest, if any, shall be seventy five
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percent, if such debt is fifty thousand rupees or less, in the case where the
amount exceeds fifty thousand rupees, it shall be an amount not exceeding fifty
percent or one lakh rupees whichever is less.
(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.
6. Declaration as distress affected area.—As soon as may be after the
receipt of a recommendation under clause (a) of sub-section (1) of section 5,
Government shall declare the concerned District or Districts, Panchayat/
Municipality/Municipal Corporation or part thereof as distress affected area.
7. Application for debt relief.—A fisherman claiming debt relief under this
Act shall file an application before the Commission in the manner and in the
form, as may be prescribed.
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:
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Provided that the Commission shall hold its sittings in the respective
district or districts declared as distress affected areas to consider matters relating
to the distress affected areas.
(2) The Commission may while holding sittings in any district, invite the
following persons as observers to attend its proceedings, namely:—
(a) the members of Lok Sabha, representing the constituencies of
the district;
(b) the members of Legislative Assembly representing the
Constituencies of the district;
(c) the District Collector concerned;
(d) the District Panchayat President concerned; and
(e) the Chairpersons of the Municipalities and Presidents of the
Panchayats of the district concerned.
(3) The quorum for the sitting of the Commission shall be two.
(4) The Commission may, in appropriate cases it deems fit, hold sittings
in districts by constituting a Bench consisting of two or more members:
Provided that a member representing fisherman in the Commission shall be
included in the Bench so constituted:
Provided further that in case of the Bench constituted by the Commission
the quorum of the Bench shall be the number of all members of the Bench or
two whichever is less.
9. Area of jurisdiction.—The Commission may separate the State into three
regions as Thiruvananthapuram, Ernakulam and Kozhikode and carry out its
functions on regional basis.
10. Special provisions in respect of settlement of certain loans taken by a
fisherman of distress affected area.—(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 the
fisherman from commercial banks or other scheduled banks; or
(b) provide necessary facilities for one time settlement of loans
falling under the category of non-performing assets, as per the guidelines issued
by the Reserve Bank of India; or
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(c) waive penal interest as per the norms fixed by the Reserve
Bank of India, with the concurrence of the Reserve Bank of India and the
National Bank for Agriculture and Rural Development.
(2) Where any settlement of loan is made under sub-section (1), the
fisherman shall be bound to repay such loan with interest to the bank
concerned, within the period allowed by such bank.
11. Re-scheduling of loans taken by a fisherman 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 the fisherman of a distress affected
area due on or before the date of declaration under section 6 from any financial
institution owned or fully controlled by the Government.
(2) Where the rescheduling of the loan is made under sub-section (1),
the fisherman shall be bound to repay such loan with interest to the financial
institution concerned within the period allowed by Commission:
Provided that the Commission may, on application by the fisherman, exempt
him, by order, from the payment of the same for the period so rescheduled, for
the reasons to be recorded:
Provided further that the fisherman shall be bound to repay the same on
such later dates, fixed by the Commission.
12. Bar of suits, applications, criminal proceedings 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 fisherman
residing in a distress affected area 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 fisherman in any Civil Court, or
Tribunal or other authority, and such suits, applications, appeals and petitions
instituted or made against such a fisherman before the date of declaration of a
district or part thereof as a distress affected area and pending on such date
shall stand stayed, for such period as the Commission may recommend in that
behalf.
13. Payment of debt in instalments.—(1) Notwithstanding anything
contained in any law or contract or in any decree or Order of any Court or
Tribunal, a fisherman residing in a distress affected area 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
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the manner as may be directed by the Commission and on payment of the same
in the manner directed by the Commission, the whole debt shall be deemed to
be discharged.
(2) Where any instalment of a debt is not paid on the due date as
directed by the Commission, the creditor shall be entitled to recover the same in
the manner as may be determined by the Commission:
Provided that before taking a decision by the Commission under this
section, the fisherman shall be given an opportunity of being heard.
14. Annual report to be laid before the Legislative Assembly.—(I) The
Commission shall prepare a report of its function of that year under this Act and
the same shall be submitted to the 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.
15. Accounts and Audit.—(1) The Commission shall maintain proper
accounts and other relevant records and prepare an annual statement of accounts
in the form as may be prescribed.
(2) The accounts of the Commission shall be audited annually and the
audit report shall be laid before the Legislative Assembly.
16. Overriding effect of the Act.—The provisions of the 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.
17. Member of the Commission to be public servant.—Every member of
the Commission nominated under sub-section (1) of section 3 and the Secretary
and other employees appointed under sub-section (5) shall be deemed to be
public servant within the meaning of section 21 of the Indian Penal Code, 1860
(Central Act 45 of 1860).
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18. 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.
19. 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) of section 5.
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 may
require, do anything not in consistent with the provision of the Act which
appears to them necessary for the purpose of removing such 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.
21. Power to make rules.—The Government may by notification in the
Gazette, make the rules to carry out the provisions of this Act.
(2) Every rule made under this section, shall be laid as soon as may be
after its 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 rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect as the
case may be; so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
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STATEMENT OF OBJECTS AND REASONS
Majority of traditional fishermen fishing in Sea and in Inland waters for
livelihoods are now entrapped in great indebtedness.
2. For the purchase of fishing equipments loan was obtained in large scale
from various agencies, banks and individuals, due to shortage of production, fall
in price and unemployment, a situation is subsisting for years in respect of
non-repayment of loans and the liability of debt is increasing.
3. Due to the natural calamities sea erosion changes in the climate
occurring every now then, the loss of work and the loss caused to fishing
equipments etc., the debt liability of fishermen is increasing.
4. The loan obtained for years together with interest grown to a stage of
non-repayment and are entrapped in the debt liability.
5. Due to natural calamities and the loss caused to the fishing vessels the
problem of debt liabilities of the fishermen has grown to a grave extend. The
stringency in the economic field, the unfair rate of interest imposed by the
private money-lenders and their unlawful acts are certain reasons for this. As the
fishermen, are exploited like this, the Government consider it necessary to
provide adequate relief to them.
6. Therefore for the one time settlement of loan and for enquiring into the
complaints of the fishermen in the State of Kerala and to suggest relief measures
and for matters connected therewith or incidental thereto, in respect of the
reduction in interest rate, or for the exemption of the same or for grating time for
repayment, or for writing off of the principal amount if necessary, and
accordingly to make it easy to grant relief to the debt liability of fishermen in the
State, the Government consider it necessary to constitute the Kerala Fishermen
Debt Relief Commission with judicial character and with elaborate powers.
7. The Bill seeks to achieve the above object.
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the constitution of Kerala Fishermen Debt
Relief Commission. As per clause 4, the Commission requires the payment of
salary, travelling allowances, sitting fee and office expenses to its Chairperson
and members. The Bill if enacted and brought into operation, Government will
have to provid fund for meeting various expenditure of the Commission as may
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be necessary for the efficient functioning of the Commission. For the smooth
functioning of the Commission, Office facilities and staff are necessary.
Expenditure in the nature of recurring and non-recurring are expected for the
Office of the Commission functioning under the Secretary. Recurring expenditure
is expected for meeting the expenses like the sitting fee and salary of its
Chairman and Members and to meet the expenses similar to travelling expenses
and to provide facilities to the staff and members of the Commission, to conduct
sittings by functioning temporary offices in various places, for the arrangement
of office, and to meet other expenses for the office. The total average anticipated
expenditure on annual basis is estimated to be Rs.20 lakhs. Since the tenure of
the Commission is 3 years, amount expected for the I year is Rs.30 lakhs, and
Rs. 15 lakhs each for the II and III years respectively. The anticipated minimum
expenditure in recurring and non-recurring nature will be as follows.
Recurring expenditure
Rs. 40,00,000
Non-recurring expenditure
Rs. 20,00,000
Total
Rs. 60,00,000
2. Clause 5 of the Bill provides powers to the Commission to pass awards,
which shall be binding on the fishermen and creditors, to waive loans, relief in
interest, to recommend the government to take over partial or entire debt and
exonerate the fishermen from the effects of debt.
3. There may be variations in the amounts to be spent under the above
items depending on the amount that may be fixed by the Government as salaries,
number and venue of meetings convened by the Commission, number of cases
disposed of by the Commission etc. Exact amount that may be involved and to
be allotted by the State Government every year from the budgetary provision
cannot be calculated at any degree of accuracy.
MEMORANDUM REGARDING DELEGATED LEGISLATION
1. Sub-clause (iv) of clause 2 of the Bill seeks to empower the Government
to notify any other creditor coming within the definition of creditor.
2. Sub-clause (v) of clause 2 of the Bill seeks to empower the Government
to notify by fixing any other establishments not to be included in determining
the debt.
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3. Sub-clause (ix) of clause 2 of the Bill seeks to empower the Government
to notify any other bio, non-bio aqua resources within the definition of fish.
4. Sub-clause (1) of clause 3 of the Bill seeks to empower the Government
to constitute a Commission by name the Kerala State Fishermen Debt Relief
Commission by notification in the Gazette.
5. Sub-clause (5) of clause 3 of the Bill seeks to empower the Government
to establish an office and to prescribe the manner of appointment of a Secretary
and other necessary staff to assist the Commission.
6. The proviso to sub-clause (1) of clause 4 of the Bill seeks to empower
the Government to extend the tenure of the Commission from three years if it
deems necessary.
7. Sub-clause (4) of clause 4 of the Bill seeks to empowers the Government
to remove a member if he is declared as undercharged insolvent, disqualified to
continue in the work due to physical or mental incapacity, become unsound and
declared so by a Court of competent jurisdiction, convicted for an offence
which the Government consider that it involves moral turpitude or financial
irregularities, and if it is convinced that he misused his official position in such
a way prejudicial to the public interest.
8. Sub-clause (6) of clause 4 of the Bill seeks to empower the Government
to prescribe the salary and allowances and other conditions of service of the
Chairman and the Members.
9. Item (a) of sub-clause (1) of clause 5 of the Bill seeks to empower the
Government to prescribe the general criteria for declaring any District or Districts
or any part thereof as distress affected area.
10. Item (h) of sub-clause (1) of c1ause 5 of the Bill seeks to empower the
Government to prescribe the agencies for carrying out the debt relief to the
fishermen.
11. Item (j) of sub-clause (1) of clause 5 of the Bill seeks to empower the
Government to prescribe the other functions to be performed and other power
to be exercised by the Commission.
12. Item (g) of sub-clause (6) of clause 5 of the Bill seeks to empower the
Government to prescribe any other matters in addition to item ( a) to (f) for
exercising all the powers of the Civil Court while trying a suit under the Code
Civil Procedure, 1908.
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13. Clause 6 of the Bill seeks to empower the Government to declare the
related districts or part thereof as distress affected area on the recommendation
of the Commission.
14. Clause 7 of the Bill seeks to empower the Government to prescribe the
form and manner for filing application before the Commission for debt relief.
15. Sub-clause (1) of clause 14 of the Bill seeks to empower the
Government to prescribe the form for submitting the annual report of its
function.
16. Sub-clause (1) of clause 15 of the Bill seeks to empower the
Government to prescribe the form for maintaining accounts and other relevant
records and annual statement of accounts.
17. Sub-clause (1) of clause 20 of the Bill seeks to empower the
Government to remove any difficulty in giving effect to the provisions of this
Act through an order.
18. Sub-clause (l) of clause 21 of the Bill seeks to empower the
Government to make rules for carrying out the purposes of this Act.
19. The matters in respect of which rules or notification may be made or
orders may be issued are matters of procedure, which are of routine or
administrative in nature. Further, the rules are subject to the scrutiny of the
Legislative Assembly. The delegation of Legislative powers is, therefore of a
normal character.
S. SHARMA