(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.
(2) 2[xxx]
(3) 3[xxx]
(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 prin cipal amount originally advanced, the amount paid by the debtor towards the principal or interest or both.
Procedure on submission of statements of debts.
Power of Board to adjudicate.
1 Substituted by Haryana Act 8 of 1991.
2 Omitted by Haryana Act 8 of 1991.
3 Omitted by Haryana Act 6 of 1992.
[1989 : Hr. Act 9 RELIEF OF AGRICULTURAL INDEBTEDNESS 117
(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 apprised 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. It 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 purposes of section 3, his liability and capacity to repay the debts outstanding against him.
(7) In the case 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 subsection (6), as the case may be, order the payment of the amount in yearly equal installments not exceeding seven:
Provided that in no case the debtor shall he required to pay towards the principal and the 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 installments equal to the paying capacity and on payment of the instalments so determined, the debt or debts shall stand fully discharged.
13. In recording findings under section 12, the Board may, where a creditor is not registered in accordance with the provisions of the Punjab Registration of Money Lenders Act, 1938 (Punjab Act 3 of 1938), disallow the whole of his claim and declare the debt as fully discharged and where the creditor is found to have failed to comply with the provisions of the said Act with regard to maintenance and publication of accounts, disallow whole of the interest on the principal amount.
14. The Board may exercise all such powers connected with the summoning and examining of parties and witnesses and with the production of documents as are conferred on civil courts by the Code of Civil procedure, 1908 (Central Act 5 of 1908), and every proceeding before the Board shall be a deemed to be judicial proceeding.
15. If in the opinion of the Board any applicant fails to conduct his application with due diligence, the Board may dismiss the application at any stage.
16. If any question arises in any proceedings under this Act whether a loan or liability is a debt or not, or whether a person is a debtor or not, the decision of the Board shall be final, and shall not be called into question in any court.
Consequence of non-registration under Punjab Act 3 of 1938.
Power of Board to summon, etc.
Dismissal of application in default.
Decision of Board to be final.
1989 : Hr. Act 9] RELIEF OF AGRICULTURAL INDEBTEDNESS 118
17. No civil court shall entertain—
(a) any suit, appeal or application for revision—
(i) to question the validity of any procedure or the legality of any order issued under this Act; or
(ii) to recover any debt which is deemed to have been duly discharged under the provisions of this Act;
(b) any application to execute a decree passed by a civil court against a debtor;
(c) any suit for declaration or, any suit or application for injunction affecting any proceedings under this Act before the Board.
18. Any person considering himself aggrieved by an order of the Board and who, from the discovery of any new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when such order was made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the order made against him, may apply for a review of such order to the Board. The Board may review the order and pass such order as it thinks fit:
Provided that the Board shall not under this section pass an order reversing or modifying any order affecting any person interested without giving such person an opportunity of being heard:
Provided further that no application for review shall be entertained if presented more than twelve months after the date of the order sought to be reviewed.