GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT MAHARASHTRA ACT No. XXIII OF 1994. THE MAHARASHTRA FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) ACT, 1994. [As modified upto the 1st November 2012] * PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND BOOK DEPOT, NAGPUR - 440 001 AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS , MAHARASHTRA STATE, MUMBAI -400 004. 2013 [Price : Rs.3.00] 1994 : Mah. XXIII ] (i) THE MAHARASHTRA FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) ACT, 1994. CONTENTS ————— PREAMBLE. SECTIONS. 1. Short title. 2. Definitions. 3. Composition of Commission. 4. Qualifications for appointment as, and manner of selection of Chairman and Members of Commission. 5. Personal interest to disqualify Chairman and Members. 6. Disqualifications for being Chairman or Member of Commission. 7. Term of office of Chairman and Members and eligibility for reappointment. 8. Conditions of service and salaries and allowances of the Chairman and Members. 9. Procedure and powers of the Commission. MAHARASHTRA ACT No. XXIII OF 19941. [THE MAHARASHTRA FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) ACT, 1994] [This Act received the assent of the Governor on the 22nd April 1994 ; assent was first published in the “Maharashtra Government Gazette” on the 22nd April 1994] Amended by Mah. 15 of 1995 (18-8-1995)* Amended by Mah. 11 of 2000 @ (3-7-1999)* 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. WHEREAS it is expedient to provide for the composition of, the qualifications requi- site for appointment as members of, the Maharashtra Finance Commission, the manner in which they shall be selected, their powers and for 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 Short title. provisions) Act, 1994. 2. 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. 3. The Commission shall consist of a Chairman and four other members. 4. 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 areas ; (d) have special knowledge and experience about the local self Government in rural area : 1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1994, Part V, page 189. * This indicates the date of commencement of the Act. @ Maharashtra Ordinance No. XXXIII of 1999 was repealed by Mah. 11 of 2000, s. 3. Definitions. Composition of Commis- sion. Qualification for appoint- ment as, and manner of selection of Chairman and Members of Commission. 2 Maharashtra Finance Commission (Miscellaneous provisions) Act, 1994 [1994 : Mah. XXIII Personal interest to disqualify Chairman and Members. Disqualifica- tion for being Chairman or Member of Commission. Term of office of Chairman and Members and eligibility for reappoint- ment. Conditions of service and salaries and allownaces of the Chairman and Members. Procedure and powers of the Commission. 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 1[an officer in Junior Administrative Grade in Indian Admin- istrative Service or an Officer in equivalent Grade] and he shall be the Member-Secretary of the Commission. 5. Before appointing a person to be the Chairman or a Member of the Commission, the Governor shall satisfy himself that that person will have no such finacial 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 Commis- sion 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. 6. A person shall be disqualified for being appointed as, or for being as the Chairman or a Member of the Commission— (a) if he is of unsound mind 2[and stands so decided by 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. 7. 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. 8. 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. 9. (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 :— V of 1908. (a) summoning and enforcing the attendence 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. 1 These words were substituted for the words “a Principal Secretary to the Government” by Mah. 11 of 2000, s. 2. 2 These words were inserted by Mah. 15 of 1995, s. 2. 1994 : Mah. XXIII ] Maharashtra Finance Commission (Miscellaneous provisions) Act, 1994 3 (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 attendence of witnesses, the local limits of the Commission’s jurisdiction shall be the limits of the State of Maharashtra. NAGPUR : PRINTED AT THE GOVERNMENT PRESS. Maharashtra Government Publications can be obtained from--- • THE DIRECTOR GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS (Publications Branch),. Netaji Subhash Road, MUMBAI 400 004. Phone : 23632693, 23631148, 23630695 23634049 • THE MANAGER GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT Photozinco Press Compound, Near G. P. O. PUNE 411 001. Phone : 26124759, 26125808, 26128920 • THE MANAGER GOVERNMENT PRESS AND BOOK DEPOT Civil Lines, NAGPUR 440 001. Phone : 2562615. • THE ASSTT. DIRECTOR GOVERNMENT STATIONERY, STORE AND BOOK DEPOT Shaha Ganj, Near Gandhi Chowk, AURANGABAD 431 001. Phone : 2331468 • THE MANAGER GOVERNMENT PRESS AND STATIONERY, STORE Tarabai Park, KOLHAPUR 416 003. Phone : 2650395, 2650402 AND THE RECOGNISED BOOK SELLERS.