Chapter IV Chapter IV

Debt Relief Board

1. (1) For the purposes of this Act, the Government shall, by notification in the Official Gazette, establish a Board to be called the Debt Relief Board consisting of one or more members, as it thinks fit, to exercise the powers and discharge the functions conferred on the Board by or under this Act: Provided that where the Board consists of one member, that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the Central Legal Service (not below Grade III) for at least three years or who has been in practice as an advocate for at least ten years, and where the Board consists of more than one member, one such member shall be a person qualified as aforesaid.
2. (2) Where the number of members of the Board is more than one, the Government shall appoint one of those members to be the Chairman of the Board.
3. (3) Subject to the provisions of sub-section (1), the qualifications and other conditions of service of the member or members constituting the Board and the period for which such member or members shall hold office shall be such as may be determined by the Government.
4. (4) Where the number of members of the Board is more than one and if the members differ in opinion on any point, that point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, the decision of the Chairman of the Board thereon shall be final.

The members of the Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

The Board shall have, for the purposes of this Act, all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in relation to the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of any documents;
3. (c) taking evidence on affidavits;
4. (d) requisitioning any public record from any court or office;
5. (e) issuing commissions for the inspection of property or for the examination of witnesses;
6. (f) inspection of property;
7. (g) any other matter which may be prescribed.