Maharashtra Finance Commission (Miscellaneous Provisions) Act, 1994 Complete Act - Bare Act

An Act to provide for the composition of, the qualifications requisite for appointment as members of the Maharashtra Finance Commission, the manner in which they shall be selected, their powers and matters connected therewith or incidental thereto

Statement of objects and reasons Maharashtra government gazette, 6th July, 1995 (Pt. 5, p. 100) The Maharashtra Finance Commission (Miscellaneous Provisions) Act, 1994 (Mah. XXIII of 1994) has been enacted as envisaged by clause (2) of Article 243-I of the

Constitution of India. The same provides for the composition of the Mahrashtra Finance Commission and the qualifications requisite for appointment as members of the Finance Commissions, the manner in which they shall be selected, their powers and matters connected therewith or incidental thereto, Section 6 of the Act specifies the various disqualifications for being appointed as or, for being as the Chairman or Member of the Finance Commission. Clause(a) thereof specifies "unsound mind" as one of the grounds for disqualification for such appointment.

The provision contained in the said clause (a) implies that a person shall be disqualified for being appointed as, or for being as the Chairman or Member of the Finance commission if, such person is declared to be of unsound mind by a competent court. In order, however, to leave no scope for any ambiguity or mis-interpretation and to make explicit what is implied in the said provision, it is considered expedient to amend the said clause (a) so as to specifically provide that a person shall be disqualified for being appointed as or, for being the Chairman or a Member of the Finance Commission if he is of unsound mind and stands so declared by a competent court. 2. Hence this Bill. WHEREAS it is expedient to provide for the composition of, the disqualification's requisite for appointment as members of the Maharashtra Finance Commission, the manner in which they shall be selected, their powers and matters connected therewith or incidental thereto; It is hereby enacted in the Forty-fifth year of the Republic of India as follows:-

(1) This Act may be called the Maharashtra Finance Commission (Miscellaneous provisions) Act, 1994

In this Act,

(1) "Chairman" means the Chairman of the Commission;

(2) "Commission" means the Finance Commission constituted by the Governor pursuant to clause (1) of Article 243-I of the Constitution

The Commission shall consist of a Chairman and four other members

The Chairman of the Commission shall be an eminent serving or retired civil servant well versed in Administration and Finance or a person with experience in public affairs and the four other members shall be selected from amongst persons who,-

(a)have special knowledge of the finances and accounts of Government; or

(b)have had wide experience in financial matters and in administration; or

(c)have special knowledge and experience about the local self Government in urban area;

(d)have special knowledge and experience about the local self Government in rural area; Provisions) Act, 1994

Provided that one of the members shall be a person who is holding or has held the post not lower in rank than that of a Principal Secretary to the Government and he shall be the Member Secretary of the Commission.

Before appointing a person to the Chairman or a Member of the Commission, the Governor shall satisfy himself that, that person will have no such financial or other interest as is likely to affect prejudicially his functions as the Chairman or a Member of the Commission; and the Governor shall also satisfy himself from time to time with respect to every member of the Commission that he has no such interest and any person who is, or whom the Governor proposes to appoint to be, the Chairman or a Member of the Commission shall, whenever required by the Governor so to do, furnish to him such information as the Governor considers necessary for the performance by him of his duties under this section.

A person shall be disqualified for being appointed as, or for being appointed as the Chairman or a Member of the Commission -

(a) if he is of unsound mind1and stands so declared by a competent court

(b) if he is an undischarged insolvent;

(c) if he has been convicted of an offence involving moral turpitude;

(d) if he has such financial or other interest as is likely to affect prejudicially his functions as the Chairman or a Member of the Commission.

The Chairman and every Member of the Commission shall hold office for such period as may be specified in the order of the Governor appointing him, but shall be eligible for reappointment:

Provided that, he may, at any time, by writing under his hand addressed to the Governor resign his office

The Chairman and the Members of the Commission shall render whole time or part time service to the Commission as the Governor may, in each case, specify; and there shall be paid to the Chairman and the Members of the Commission such fees or salary and such allowances as the State Government may, by order, from time to time, determine.

(1)The Commission shall determine their procedure and in the performance of their functions shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the production of any document; and

(c) requisitioning any public record from any court or office

(2) The Commission shall have power to require any person to furnish information on such points or matters as, in the opinion of the Commission, may be useful or relevant to any matter under the consideration of the Commission and any person so required shall, notwithstanding anything contained in any other law for the time being in force, be deemed to be legally bound to furnish such information within the meaning of section 176 of the Indian Penal Code (XLV of 1860)

(3) The Commission shall be deemed to be a civil court for the purposes of sub-section (1) of section 345 and of section 346 of the Code of Criminal Procedure, 1973 (II of 1974)

Explanation: For the purposes of enforcing the attendance of witnesses, the local limits of the Commission's jurisdiction shall be the limits of the State of Maharashtra.