Section 12 in The Haryana Relief of Agricultural Indebtedness Act, 1989
12. Power of Board to adjudicate.
(1)If a creditor or a debtor, as the case may be, challenges the genuineness or enforceability of any debt included in an application, the Board shall adjudicate upon the issue.[ - ] [Sub-section (2) and (3) omitted by Government Haryana Act No. 8 of 1991.](4)The Board shall determine in the case of each debt shown in the application made by the debtor or his creditor under Section 6 or in the statement furnished by the creditor under Section 11, other than a debt declared non-genuine or unenforceable, the principal amount originally advanced, the amount paid by the debtor towards the principal or interest or both.(5)Where the debtor is found to have repaid to the creditor an amount equal to, or exceeding, double the principal amount, or the debtor on being appraised of such findings pays an amount which makes the total repayment equal to double the amount of principal, the Board shall declare the debt as fully discharged and thereupon the provisions of clause (b) of Section 3 shall apply. In case the amount repaid to the creditor is found to be in excess of double the principal, the Board shall order the refund of the same to the debtor by the creditor.(6)The Board shall estimate the annual income from the occupation of a debtor and determine, for the purpose of Section 3, his liability and capacity to repay the debts outstanding against him.(7)In the cases not falling under sub-section (5), the Board shall, keeping in view the outstanding amount of principal and interest as determined under sub-section (4), and the paying capacity of the debtor determined under sub-section (6), as the case may be, order the payment of the amount in yearly equal instalments not exceeding seven :Provided that in no case the debtor shall be required to pay towards the principal and interest any amount that exceeds double the principal :Provided further that where the amount of yearly instalment in respect of all the debts exceeds the paying capacity of the debtor, the debts shall be proportionately reduced so as to make the yearly instalments equal to the paying capacity and on payment of the instalments so determined, the debt or debts shall stand fully discharged.
