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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Kerala - Subsection

Section 5(1) in Kerala Farmers' Debt Relief Commission Act, 2006

(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 cither 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 or a farmer, as distress affected area, distress affected crop or distress affected farmer as the case may be;
(b)to fix, in the case of creditors other than institutional creditors, a fair rate of interest and an appropriate level of debt, to be payable as the Commission may consider just and reasonable by a farmer declared as distress affected or related to an area or crop declared as distress affected area or distress affected crop as per section 6 as the case may be,
(c)to undertake conciliation for settlement of disputes between indebted farmers and creditors, other than institutional creditors, on the basis of the fair rate of interest and appropriate level of debt fixed under clause (b),
(d)to adjudicate disputes between farmers described in clause (b) and 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 a creditor shall be given a reasonable opportunity of being heard
(e)to enter into negotiations with the creditors for loan waiver, interest rate relief, loan rescheduling or loan moratorium to farmers described in clause (b),
(f)to recommend to the Government regarding the extent and the manner m which the debt relief to be granted to the farmers;
(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 prescribed,
(i)to make periodical reports to the Government generally on any matter pertaining to farmer indebtedness, and
(j)to perform such other functions and exercise such other powers, as may be prescribed