The Rajya Vitta Ayog Adhiniyam 1994

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THE MADHYA PRADESH AJYA Vl

Sect:ons :

(1) This Act may be called the Madhya Pradesh Rajya Vitta Ayog Adhiniyam, 1994. (2) It shall come into force on such date as the State Government may, by notification, appoint.

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; (c) "Municipality" means a Municipality; (d) "Member" means a member of the Commission.

The State Finance Commission shall consist of a Chairman and two other members appointed by the Governor. [Note: Substituted by Madhya Pradesh Act No. 33 of 1995 to read: "The State Finance Commission shall consist of a Chairman and four other members appointed by the Governor of whom one shall be member-secretary."]

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. [Note: The word "two" was substituted by "four" by M.P. Act No. 33 of 1995].

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 effect 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 so 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 a member of the Commission.— (a) if he is of unsound mind; (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 a member of the commission.

Every member of the Commission shall hold office for such period as may be specified by order of the Governor appointing him, but shall be eligible for re-appointment: Provided that he may, by letter addressed to the Governor, resign his office.

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 salary and such allowances as the State Government may, by rules made in this behalf, determine.

The State Finance Commission shall make recommendations to the Governor on matters provided under Article 243-I and 243-Y of the Constitution.

(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 for 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 section shall be laid on the table of Legislative Assembly.