Section 8(3) in Gujarat Rural Debtors' Relief Act, 1976
(3)After having satisfied that the notice under sub-section (2) has been duly served on the other party, the debt settlement officer shall, after calling for such further information or particulars in relation to the debt in question, if necessary, and after making such inquiry and following such procedure, subject to any rules made in this behalf by the State Government, as in his opinion, the circumstances of the case seem to require, pass.-(i)in a case in which he is satisfied that the debtor is a marginal farmer or a rural labourer or is a rural artisan whose income does not exceed rupees 2400 per year, an order discharging the debt completely and grant to the debtor a certificate of discharge from the debt in the prescribed form; and on the grant of such certificate to a debtor in respect of a debt, such debt shall not be recoverable from such debtor;(ii)in a case in which the debtor is a small farmer or is a rural artisan whose income exceeds rupees 2400 per year but does not exceed rupees 4800 per year, an order-(a)discharging the debt completely if any amount equal to or exceeding twice the amount of the principal has already been paid by, or recovered from, such debtor before the appointed day and grant to the debtor a certificate of discharge from the debt in the prescribed form, and on the grant of such certificate to such debtor in respect of, a debt, such debt shall not be recoverable from him;(b)determining, in a case not falling under sub-section (a), the amount of the recognised debt as defined in Explanation 2 to sub-section (1) of section 3, and reducing the debt in accordance with the provisions of sub-clause (ii) of clause (b) of sub-section (1), and sub-section (2), of section 3 and the amount to which such debt is reduced shall thereupon be the amount due from the debtor in respect of the debt or debts due from the debtor and the portion of debt or debts in excess of such amount shall be deemed to have been discharged.
