FINANCE COMMISSION

The Arunachal Pradesh Panchayat Raj Act, 1997

Infrastructure1997130 of 132 sections available

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Statutory text

(1) The Governor shall as soon as may Finance Commission be within one year from the commencement of this for Panchayat. Act and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Zilla Parishad, [***] and the Gram Panchayats and to make recommendation to the Governor as to :-
- (a) the principles which should govern-
  - (i) the distribution between the State and Zilia Parishad, [***] and the Gram Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them under this Act and allocation between the Zilla Parishads, [***] and Gram Panchayats of their respective shares of such proceeds ;
  - (ii) the determination of the taxes, duties, tolls, rates and fees which may be assigned to or appropriated by the Zilla Parishads, the [***] and the Gram Panchayats:
  - (iii) the grants-in-aid to the Zilla Parishads, the [***] and the Gram Panchayats from the consolidated Fund of the State :
- (b) the measures needed to improve the financial position of the Zilla Parishad, [***] and the Gram Panchayats; or
- (c) any other matte referred to the Finance Commission by the Governor in the interest of sound finance of the Zilla Parishads, [***] and the Gram Panchayats.
(2) The Finance Commission shall consist of one or more members of whom one shall be the Chairman.
(3) The Chairman or members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed.
(4) The Finance Commission shall determine its procedure.
(5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Governor but he shall continue in office until his resignation is accepted by the Governor.
(6) The casual vacancy created by the resignation of the Chairman or a member under subsection
(5) or for any other reason may be filled up by fresh appointment and the Chairman or the member so appointed shall hold office for the remaining period for which the Chairman or the member in whose place he was appointed would have held office.
(7) The Finance Commission shall have the following powers in the performance of its functions, namely-
- (a) to call for any record from any officer or authority;
- (b) to summon any person to give evidence or produce any record ; and
- (c) such other powers as may be assigned to it by the Governor.
(8) The Governor shall cause every recommendation made by the Finance Commission under section, together with an explanatory memorandum as to the action taken thereon to be laid before the State Legislature. CHAPTER-IX MISCELLANEOUS 139. (1) If at any time it appears to the Deputy Default in per Commissioner or any officer authorised by him in formance of this behalf that a Gram Panchayat, [***] duty by Gram and a Zilla Parishad member, or officer, or employees Panchayat, thereof has made wilful or persistent default in the [A*x] performance or any duty imposed under this Act the and Zilla Parishad Deputy Commissioner or the officer may, by order member, officer etc. in writing fix, a period for the performance of that duty, and if the duty is not performed within period so fixed, the Deputy Commissioner or the officer may, by orders appoint any person to perform | the said duty and direct that the expenses of the | performance of the duty shall be paid by the defaulting Gram Panchayat, [***]and Zilla Parishad within such period as he may think fit.
(2) The Deputy Commissioner or the officer exercising the power under sub-section (1) shall call for the explanation of the Gram Panchayat. the [***]and Zilla Parishad concerned for any default under sub-section (1) and shall forthwith report to the Government who may, after giving notice to the Gram Panchayat, the [***] and Zilla-Parishad Officer or employee and after making such inquiry as he deems fit, rescind, modify or confirm the order. 140. (1) If, in the opinion of the Deputy Suspension of Commissioner or any officer authority by him in this execution of order behalf, the execution of any order or resolution of a or resolution of Gram Gram Panchayat or an [***] or a Zilla Panchayat, [***] Parishad or the doing of an act which is about to be and done or is causing or is likely to cause injury or Zilla Parishad. annoyance to the public or to lead to a breach of the peace or is unlawful, he may, by order in writing, suspend the execution of the at order or resolution or prohibit the doing of that act.
(2) When the Deputy Commissioner or the officer makes an order under sub-section (1) he shall forthwith send to the Gram Panchayat or the [***] or the Zilla Parishad affected thereby a copy of the order together with a statement of the reasons for making it.
(3) The Deputy Commissioner or the officer shall also forthwith submit to the Government a report of the circumstances in which the order was made under this section and the Government may, after giving notice to the Gram Panchayat or the [***] or Zilla Parishad and making such inquiry as he deems fit, rescind, modify or confirm the order, 141. (1) The Deputy Commissioner may, at Power of Deputy any time call for the records of a Gram Panchayat Commissioner or an [***]or Zilla Parishad relating to taxes to call for record or fees levied within its area and may make relating to tax or suggestions for alteration, addition or modification, fee and make of any tax or fee so levied or the rate thereof. suggestions.
(2) On receipt of a suggestion under subsection
(1) the Gram Panchayat or the [***] or the Zilla Parish ad shall reconsider the matter in a meeting and a copy of the resolution adopted shall be sent to the Deputy Commissioner. #xk[ deletion of word ‘an Anchal Samiti the Anchal Samitis and words Member of Anchal Samiti’ in Sec 105,112,120,121,122,138,139,140 and 141 by Act 6 of 2018.5.23 (w.e.f. 21.4.2018)] 142. (1) If, in the opinion of the Government, Dissolution of Gram Panchayat or [*]or Zilla Parishad ; Gram Panchayat,
- (a) exceeds or abuses its powers, or [+]
- (b) is incompetent to perform, or makes and Zilla Parishad. wilful and persistent default in the discharge of the functions imposed on it by or under this Act or any other law for the time being in force ; or
- (c) persistently disobeys the order of the Deputy Commissioner or the officer under sub-section (1) of section 139.
(2) The Government may, by order in writing, dissolve Gram Panchayat or an [*]or a Zilla Parishad and direct that it shall be reconstituted in the manner provided in this Act.
(3) No order under sub-section (1) shall be passed by the Government without giving to a Gram Panchayat or [*] or a Zilla Parishad reasonable opportunity to render an explanation.
(4) When a Gram Panchayat, or an [*] or a Zilla Parishad is dissolved under subsection (1 )-
- (a) all the members of the Gram Panchayat,or [*] or Zilla Parishad shall from the date specified in the order, vacate their office as members ;
- (b) all the functions of the Gram Panchayat,[*] and Zilla Parishad shall, during the period of dissolution, be discharged by such person or persons as the Government may appoint in this behalf.
(5) When a Gram Panchayat or [*] or Zilla Parishad is dissolved, it shall be reconstituted in the manner provided in this Act. before the end of six months from the date of such dissolution : Provided that where the remainder of theperiod for which the dissolved Zilla Parishad, [*] or Gram Panchayat would have continued isless than six months it shall not be necessary to hold an election under this section for constitution of a Zilla Parishad, [*] or Gram Panchayat for such period.
(6) Zilla Parishad, [*] or Gram Panchayat constituted upon the dissolution before expiration of its duration shall continue only for the remainder of the period of which the dissolved Zilla Parishad, Anchal Samiti or Gram Panchayat would have continued had it not been so dissolved. **[(7) Notwithstanding anything contained in this Act, in case, the Zilla Parishad or Gram Panchayats are not reconstituted in terms of this Act and in case the Zilla Parishads or Gram Panchayats are dissolved due to compelling circumstances, the functions of the Zilla Parishads and Gram Panchayats shall be vested to such competent authorities as may be determined by the Government to ensure that the interests of public are protected, during the transition period till the new Zilla Parishad and Gram Panchayat are reconstituted under this Act". *[Deleted by Act 6 of 2018.5.24 (w.e.f. 21.4.2018)] **[Substituted by Act 6 of 2018.5.24 (w.e.f. 21.4.2018)] 143. (1) No suit or prosecution shall lie against Bar of action any member, officer, employee or agent of a Gram against Gram Panchayat or an [***] or a Zilla Parishad, Panchayat, in respect of anything done or intended to be done [***] in good faith under this Act or any rule or bye-law and Zilla Parishad made thereunder. etc.. and
(2) No suit or other legal proceeding shall be previous notice instituted against any Gram Panchayat or[***] before institution. or Zilla Parishad or any member, officer, employee or agent thereof for anything done or purporting to be done under this Act or any rule or bye-law made thereunder, until expiration of two months next after notice in writing has been left or delivered at the office of the Gram Panchayat or [***] or Zilla Parishad as the case may be, and also at the residence of the member, officer employee, or agent thereof against whom such suit or proceeding is intended to be instituted, and the notice shall state the amount of compensation claimed and the name and place of abode of the person who intends to institute the suit or proceedings.
(3) Every suit or proceeding referred to in sub-section (2) shall be instituted within six months after the date on which cause of action arose.

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