LexThe ASSAM FINANCE COMMISSION (MISCELLANEOUS PROVISION) ACT, 1995
Assam · state statute
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THE ASSAM GAZETTE
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: OI~T~T~Cf
EXTRAORDINARY
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PUBLIS!!ED BY AUTHORITY
~~ 79 ~llf~ . ~"'~~r~ . 18 ~fir~. 1995, 28 o'~, 1917 {J':f:fl)
No. 7fJ Dispur, Tuesday, 18th April, !995. 28th Chaitra,
1917 (S J;~,)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : LEGISLATIVE
BRANCH
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NOTIFICATIO N
Tbe I 8th April, 1995
N0. LGL. 1 I2i94 /24 , -The fo llowing Act of th e A s ~ a m
Legislative Assembly which received the ass ent c f the
G'lvernnr i~ hereby publi shed for general information ,
503 THE ASSAM GA ZETTE. EXTRAO RDINA RY, APR . 18, 1995
ASSA11 ACT No . VI OF 1995
(Recei ved the asioent 0f the Governor on 18th Apnl, 1995)
THE ASSAM FINANCE COMMISSION (MISCE
LLANEOUS PROVISION) AUT, 199 5
AN
ACT
Pr eamble. to determine the qualifications requisite for
appointment as Members of the Assam Finance
Commission and the manner in which they shall
be selec ted and to prescribe their powers.
Short title
and
comm ence
ment .
It is hereby enacted in the Forty-sixth Year of
the Republic of India as follows:-
1. (1) This Act may be called the Assam Finance
Comm ission (Miscellaneous Provisions) Act. 1995.
(2) It shall come into force on such date as the
Governme nt may, by notification, appoint .
Definit ions. 2. In this Act, unless the context otherwise
req uired,-
(1) "Commission" means the Assam Finance
Commission constituted by the Governor
pursuant to sub-clause (1) of Article 243 I
of the Constitution.
(2) "Government" means the Government of
Assam .
(3) "Governor" means the Governor of Assam .
(4) ~' Member" means the Member of the Assam
Finance Commission.
(5) "Chairman'' means the Chairman of the
Assam Finance Commission.
(6) "Member Secretary" means a Member of·
the Assam Finance Commission, specially
L designated as Member Secretary.
'l'HE ASSAM GAZ81TE. EX EAui.DJNARY. 'PR . 18. 1995 509
Qua li fic ~tion 3. The Chairman of che Commission shall be for appoint- . , •
meat and selec~ed from among persons, who have wide ex-
tlflC si:;an3er perience in public affairs, with special reference to
o ec on • d fi . 1 d ol members economic an nanc1a matters an four other
c ~!mi!~i~n. members including the Member-Secretary shall be
, selecte d from a _.ong persons who -
(
Personal
intere8t to
di1qu.alify
m embers .
(a) are or have been or are qualified to be
appointed as Judges of a High Court; or
(b) have special knowledge of the finance and
accounts .of a Government; or
(c) have had wide experiences in financial
matters and in administration; or
(d) have special knowleage of Economics; or
(e) have had long experience as an administra
tor at senior levels with particular refe
rence to fin:ancial and economic matters.
4. Before appointment of a person as a Chai;r
man or a member of the Commission, the Governor
shall satisfy himself that the person shall have no
such financial or other interest as is likely to affect
prejudicially his functions as a member of the
Comm ission, and the Governor shall also satisfy
himself from time to time with respect to every
member that he has no such interest and any per
son who is, or whom the Governor proposes to
appoint to be, a member shall, whenever required
by the Governor so to do, furnish to him such in
format ion as the Governor considers necessary to
satisfy himself in this regard as also for the per
formance by him of his duties as the Chairman or
a Member of the Commission.
~isqualifi~a · 5. A person shaJl be disqualified for being
t1on forbemg •. t d f b . b a member app01 n e as, or or e1ng a mem er.-
of the Co·
mn;iission. (a) if he is of unsound mind ;
(b) if he is an undischarged insolv ent;
(c) if he has been convicted of an offence
involving moral turpitude and;
(d) if he has such financial or other interest as
is likelv to affect prejudicially his func
tions as a member of the Commission.
510 THE ASSAM GAZETTE. EXTRAORDINARY, APR. 18, 1995
0 lce:ms 0~f . 6. Every member shall hold office for such
members andperiod as may be specified in the orders of the
cJigibili~y for Governor appointing him but shall be eligible for re-appomt-ment. re-appointment: . ' . .. . ~
Provided that he may, by letter addressed te
Governo r r esign his office.
Conditions 7. (1) The members shall render whole-time or
of ~erv ice part-time service to the Commission as the and other · . allowances orqovernor may In each case specify.
members. 1 - ~ -,.:- .... <= ·~"'""~;"-~~~ .,.-~ ..,··_ .. .• ::, --':'" -:-:; ··:~ ~\
(2) Membe r s shall be paid such fees or salaries
and such allowances as the Governor may, by
~rders made in this behalf. determine.
Procedure 8. (1) The Commission shall determine their
an:r p~ ~:rs procedu re and in the performance of their :func
Commission.tions 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 the witness ; '
(b) requiring the production of any document;
(c) the requisitioning of any public record
from any court or office.
(2) Commis sion shall have the power to require
any person to furnish information on such points
or m atters as in the opinion of the Commission may
be use ful for, or r ele vant to any matter under the
consideration of the Commission and any person so
require d shall notwit hstanding anything contained
in sub-secti on (2) of Section 54 of the Indian In
come Tax Act. 1922 or in any other law for the
time being info rce, be deeme d to be legally bound
to furnis h such information within the meaning
of S ection 1 76 of the Indian Penal Code.
(3) T he Commission s hall be deemed to be a
Civil Cou rt for the purpo se of Se-: ction s 345 and 346
d the Code of Crimin al P r ocedure , 1973 (Act II of
1974).
'THE ASSAM GAZETTE, EXTRAORDINARY, APR 18. 1995 511
EXPLANATION
For the purpose of enforcing attendance of
witness, the legal limits of the Commission's juris
cUction shall be the limits of the territory of India.
M. K. DEKA.
Joint Secy. and I/C Secy. to the Govt. of Assam,
Legislative Department.
Guwabati:-Printed and published b y the D v. b recto r (P.&S.), Direct 11 rate
of Ptg. and Sty., Assam, Guwahati- '2 1 tEx. G ze.te) No. 157-
740-400-18-4-1995.