The Chhattisgarh Rajya Vitta Ayog Adhiniyam, 1994
The Chhattisgarh Rajya Vitta Ayog Adhiniyam, 1994
1. Short title and Commencement
(1) This Act may be called the Madhya Pradesh Rajya Vitia Ayog Adhiniyam, 1994. (2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions
In this Act unless the context otherwise requires,- (a) "Commission" means the State Finance Commission constituted by the Governor of Madhya Pradesh in pursuant to clause (1) of Article 243-I of the Constitution; (b) "Panchayat" means a Panchayat constituted under Article 243-B of the Constitution of India; (c) "Municipality" means a municipality constituted under Article 243-Q of the Constitution of India; (d) "Member" means a member of the Commission and includes the Chairman.
3. Constitution of State Finance Commission
The State Finance Commission shall consist of a Chairman and two other members appointed by the Governor.
4. Qualification for appointment as and the manner of selection of members of the Commission
The Chairman of the Commission shall be selected from among persons who have had experience in public affairs, and the other two members shall be selected from among persons who,- (a) are, or have been, or are qualified to be appointed as judges of a High Court; or (b) have special knowledge of the Finances and Accounts of Government; or (c) have had wide experience in financial matters and in administration; or (d) have special knowledge of economics.
5. Personal interest to disqualify members
Before appointing a person to be a member of the commission, the Governor shall satisfy himself that the person will have no such financial or other interest as is likely to affect prejudicially his functions as 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, 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.
6. Disqualifications for being a member of the Commission
A person shall be disqualified for being appointed as or for being a member of the Commission,- (a) if he is of unsound mind; (b) if he is an undischarged insolvent;
7. Tenure of office of Chairman and Members
Chairman and every Member of the Commission shall hold office for the period as specified by the Governor in their appointment order. Tenure of office of the Chairman or any member may be extended by the Governor, as and when necessary, and the Chairman/Member shall not be ineligible or unqualified for re-appointment: provided that the Chairman/Member may, by letter addressed to the Governor in writing, resign his office.
8. Conditions of Service and Salaries and Allowances of Members
The member 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 member of the Commission such fees or salaries and such allowances as the State Government may, by rules made in this behalf, determine.
9. Procedure and powers of the Commission
(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; (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 for, or relevant to, any matter under consideration of the Commission. (3) The Commission shall be deemed to be a Civil Court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). Explanation.-For the purpose of enforcing the attendance of witnesses, the local limits of the Commission's jurisdiction shall be the limits of the territory of State of Madhya Pradesh.
10. Matters on which Commission to make recommendations
The State Finance Commission shall make recommendations to the Governor on matters provided under Article 243-I and 243-Y of the Constitution.
11. Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order, do anything not inconsistent with the provisions thereof which appears to be necessary or expedient or the purpose of removing the difficulty: Provided that no such order shall be made under this Section after the expiry of 2 years from the commencement of this Act. (2) Every order made under this Act shall be laid on the table of Legislative Assembly.
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