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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