LexThe Delhi Finance Commission Act, 1994 (Act No. 10 of 1994)
Delhi · state statute
Open in Lexace · Ask the AI about this actfort a. s.0a.-33002/94 REGISTERED NO, D.L.—33002/94 TTA TUTTE
GOVERNMENT OF INDIA
Delhi Gazette
srfrere @ wrarfrr
PUBLISHED BY AUTHORITY
HATTA
EXTRAORDINARY
fare, dinarg, wate 3, 1994/mfeaa LL, 1916 [. are. wed. 224
DELBI, MONDAY, OCTOBER 3, 1994/ASVINA 11, 1916 [P. R. D. No, 224
am IV
PART IV
ate arent te as, feat acer
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHE
fafa, sala Ud Fart Be fant
aingaaT
fap, © wagae, 1994
Hee. ififeaity 11/26:--eIgafa ee rane SD
eagay, 1994 Fi aT aaRfa BR seats faaia aa BT GRA
i fea Bi wa TIT & qari Taha fat aT
RS o-
feral far aida sifatiaa, 1994
4) (fact afafion aet ia, :
3 WAT 1994
eq waa ae fect Ft Tae BA. ET ai fea)
waa
qa mmisy & Farhay
fea am 2
Sa aia Bw, z Zi
aaa #i gela, HA am sae uy aeabea meat e
alata
at owes wad da ei
ae wR aa fe
(®) 38 sfkfaa a a
ni wfataam. reed” Bi
a. aferg arg. feeaty og mere.
2271 DG/94 a
(@) ve sata ugg wag aa FH fara 21
(1) ae 23 BHT 1994, A AR AAT HIT
. ened: et afafian H oe an fe dad B aria
wafers a Er
(F) “mae R aA
ave-| Sa WEST at
uaa da fem faa aetia @ afta & i
(@) “aa; seas” feet wae ae aE BR Hap
a ufaaa 2 |
(7) “seme! & Reati aaarts aa sere fade gi
aa” & fede wera oda ena ar
wig wt: da &
wa wins 3
“qaeifear Boats
Rea
wey Aye
aware ser fratke @%, er Ho ma a war af &
wire ae acedi & fad ax FaaTy
ne
(2) wert CF ae BF iis
geisava % fates aa um faagy Tear, Ta &
4 pe want Me TTB waar afefed!
a
aur mat om at ©
fri
zt) a
(1) stain Feare FF aaiqut”
BT 5 f-
gr may HT RH TA ET
S faeig, witam
(i) wea at afer HOF TAT saat Pat
faqat ar wNa Fit
aaa ga cated 3S Fear wat AT fr
sq 7%
at we :
(2) Baer FT
(2) shat FT ad afte aa aa FA
(ey wer mainte ear wa faa fie asa Te ad afealaa Zi, eat gat
tes FL BIR 3 feq Et ugar wat Sh
rim EZ, at 2g FRE FF
Sa fa fratiea FY ATT
iz. sPRar-— alata gi ® faiga Wt sfeq waa Praise
fquea, faa ATE aeRre BAA FT as aT
wag et
ath
(a) arent
Labi Bedard treater frag feat
® aeg
aan Paes ga SSE genet wea are TTT FT ae A
aga FEAT
fafatecs safe ® fre gems araaTa Fa I
6. GeIe TAP 4
faa ciara H wear PF IAT TIT ar
(a) amemiaerit
RIARGT TR
(3) wa
fs —
facia Tats FF
a Tamia fee adit Ro mewn al wea ae ATT Tt zl
eats z
cain Inisogtas Fi falas wy Wet Fe
1g mate afeaat-—-(1) aa fafza itdtre FIs
gos (1908 * afaiea, 3) wie are WE
fetra ate a feet aH te A eT mfraat,
feafatar avril Fava EFT
() feet a art Ft gare casafers ah a
atrraty
(a) frat at wenat #1 segT TTT A afaaret
(7) frat srarere aT AT a aah sat
soya at afaa |
9. Rene TE ATE
aq fea feor
te) oi ag frase Fo oeity que-6 Ho qeles Mid sit
(2) areia ace ate
as) % ada arint wrt
fedt a fg Toa aati, Tite aan aT
e avinn
a em
Parr LY] DELHI GAZETT
16. Fo ga FT
aT
wiemi--(1) aa afatre ait ary aa
wo feae mare er miners gems
(2) Watga svat gr fadaaral & far Prat gang
fara aves aay fet at faafaiag aay &
amt, PHT
te) aire mae aat aeeit a Far at
faq art wer aaa, wer aa
(3) ori % afsa en atisrha a agar
Rar od sar Pear ary ae ata ca aT
(4) wer re far at ae afisfaan gree faites dr
) aa oafafean Bo qea ater ant FART aa wee
fax shanaaita fama ser % ane orga fra
ae i
17. areas vem % fa wfeei--(1) sa afafare at
am ee i are pied eet
waa 2 redt 2 ai om eff a r
oars 21 7 Wee adit and aq afafaay ®
sata & waa oT mts
pafey &
7 area 5 wore Tete
arg ara ar wt n§ ee ertnd ga afafagd eo mT.
aa prattar arty
a. dt.ca. sige, wax atra (franir ara}
DEPTT. OF LAW, JUSTICE & LEGISLATIVE
AFFAIRS
NOTIFICATION
Delhi, the 3rd October, £994
No. F, 13|1/94-Fud|11j/26.—The following Act
of Legislative Assembly received the assent of
the President, on the 3rd October, 1994 and is
hereby published for general information :
THE DELHI FINANCE COMMISSION
ACT, 1994
(Delhi Act No. 10 of 1994)
(3-10-1994)
: EXTRAORDINARY 3
As passed by the
National Cupital Territory of Del
AN
ACT
to provide for the composition of a Finance
sion for the National Capital Territory of
the qualifications requisite for appoint-
ments, and the manner of selection cf, the Chair-
man and members thereof, the functions of the
Finance Commission and for matters incidental
thereto.
Be it enacted by the Legislative: Assembly of the
National Capital Territory of Deth! in the Forty- fifth year of the Republic of India as follows :
~-(1)
Com-
1. Short title, extent and commencement.
This Act may be called the Delhi Finan:
mission Act, 1994
(2) It extends to the whol of the National Capi-
tal Territory of Dethi.
(3) It shall be deemed to have come into force
on the 23rd day of April, 1994.
2. Detinitions —In this Act, unless the context
otherwise requires,—
(a) “Commission” means the Fmance Com-
mission for the National Capital Terri-
tory of Delhi constituted under clause
(1) of Article 243-T read with Article
243-Y of the Constitution of India:
(b) “Council of Ministers” means the Coun-
cil of Ministers of the Government of
National Capital Territory of Delhi:
(c) “Government” means the Government
of the National Capital Territory of
DeShi;
(d) “Legislative Assent:
gislative Assembly of
Capital Territory of Do!
the Le-
National
means
the
(e) “Lieutenant Governor’ means the Liente-
nant Governor of the National Capital
Territory of Dethi:
({) “Municipality” means a Municipality
constituted under Article 243-0 of the
Constitution of India:
(g) “Prescribed” means prescribed bv rules
made under the Act.
3. Composition of the Finance Commission. —
1) The Finance Commission shall consis af a
Chairman and such number of members aot heing
less than two and more thay four, as the Govern-
ment may determine.
42) The Chairman and the members shail be
appomted by the Lieutenan; Governor on the re-
commendation of the ‘Counci! of Ministers, by
order in writing :
Provided that no person who js a Minister of
the Government of a Chairman!President (by
whatever name called) or an employee of a Muni-
cipality shall he appointed as 4 Chairman or @
Member of the Commission.
4. Qualifications tor appointment and manner
of selection of Chairman and members—(1) The
Chairman shal! be selected from among persons
who have experience in financial and economic
matters and in public affairs.
(2) The members shal! be selected from among
persons who—
(a) are, or have beea, or are qualified to be
appointed as Judges of 2 High Court, ot
(b) have special. knowledge in economies,
and of the finances and accounts of the
Government; or
(e) have wide experience in financial man-
agement of the Municipalities and in
the administration thereof.
5. Term of appointment.-—The Chairman and
the members of the Commission shall hold office
for such period as may be specified from time to
time.
6. Disqualification for being a Chayman or a
memher of the Commission.—-A person shall be
discualified from being a Chaitman or a member
of the Commission :-—
(a) if he is of unsound mind: ot
(by if he is adjudged an insolvent; or
(c) if he has been convicted of an offence
involving moral turpitude; or
(d) if he has such financial or other interest
as is likely to affect prejudicially _ his
functioning as a Chairman or a member
of the Commission.
7. Conditions of service of Chairman and
members.—(1) The Chatiinaa and the members
of the Commission shall render whole-time or part-
time service to the Commission as may be speci-
fied.
(2) The other terms and conditions of service
of the Chairman and the members of the Commis-
sion inchiding the salaries and allowances of
fee shall be such as may be prescribed.
8 Resignation.—The Chairman or any member
of the Commission may by writing under his hand
addressed to the Lieutenant Governor resign his
omce.
4 DELHI GAZETTE : EXTRAORDINARY {Part IV
9. Removal—The Lieutenant Governor may,
on the recommendation of the Council of Ministers,
by order, remove from office the Chairman or any
mempber:—
(a) if after his appointment, he becomes sub-
ject to any of the disqualifications re-
ferred to in section 6; or
(b) if he has, in the opinion of the Govern-
ment, so abused his position as to render
his continuance in office as Chairman
or member undesirable :
Provided that no such order shall be
passed under this section without giv-
ing the Chairman or such memiber a
reasonable opportunity of being heard.
10, Vacancy in the office of Chaitman.—If the
Office of the Chairman becomes vacant or if the
Chairman is unable to discharge his functions
owing to obsence, illness or any other cause. such
member of the Commission as the Lieutenant
Governor may, on the recommendation of Coun-
cil of Ministers, by order, specify shall discharge
the functions of the Chairman until new Chairman
is appointed and assumes office or, as the case
may be, the Chairman resumes his duties.
| 11, Staff of the Commission —(1) The Commis-
sion may, with the previous sanction of the Gov-
ernment, appoint.—
(a) a Secretary, and
(b) such employees as it may think neces-
sary, for the efficient discharge of its
functions.
(2) The qualifications of the Seeretary and the
terms and conditions of service of the Secretary
and other employees of the Cammission, includ-
ing the salaries and allowances. shall be such as
may be prescribed.
12. Procedure—-The Commission shall deter-
mine the procedure for the discharge of its duties.
13. Funetions of the Commission.—The Com-
mission shall review the financial position of the
Municipalities and make recommendations to the
Lieutenant Governor as to.—
(a) the principles which should govern.—
G) the distribution between the Govern-
ment and the Municiplalities of — the
net proceeds of the taxes. duties. tolls
and fees leviable by the Government
which may be divided between them:
(ii) the determination of the taxes, duties.
tolls and fees which may be assigned
to or appropriated by the Muncipali-
ties;
Part IV]
Cii) the grants-in-aid to the Municipalities
from the Consolidated Fund of the
National Capital Territory of Delhi;
(b) the measures needed to improve the fin-
ancial position of the Municipalities,
(c) any other matter referred to the Finance
Commission by the Lieutenant Governor
in the interest of sound finance of the
Municipalities,
14. Powers of the Commission—The Commis-
sion shall have all the powers of a Civil Court
under the Code of Civil Procedure, 1908 (5 of
1908) while trying a suit in respect of the follow-
ing matters, namely :
(a} summoning and enforcing the atten-
dance of witnesses:
(b} raquiring the
ment;
production of any docu-
from (c) requisitioning any public record
uny court or office.
{2} The Commission shall have power to re-
quire any person to furnish information on such
points or matters as in its opinion may be useful
for, or relevant to, any matter under the conside-
ration of the Commission and any person so re-
quired shall, notwithstanding anything contained
in any other law for the time being in force, be
deemed to be legally bound to furnish such infor-
mation within the meaning of section 176 of the
Indian Penal Code, 1860 (45 of 1860).
Explanation.—For the purposes of enforcing the
attendance of wittnesses, the local limits of the
jurisdiction of the Commission shall be the limits
of the National Capital Territory of Delhi.
15, Protection of action taken under this Act.—
No suit, prosecution or other legal proceedings
shall lie against the Chairman, or a member or
the Sccretary or any employce for anything which
is in good faith done or purported to be done under
this Act.
16. Power to make rules—-(1} The Govern-
ment may, make rules for carrying out the provi-
sions of this Act,
Printed by the Ma:
ger, Govt. of India Press, Ring Koad, Maya Puri, New Delhi-110064
DELHI GAZETTE : EXTRAORDINARY 3
(2) In particular and without prejudice to the
generality of the foregoing power, such rules, may
provide for all or any of the following matters,
namely -—
(a) the terms and conditions of service of
the Chairman and the members of the
Commission including the salaries and
allowances or fees payable to them;
(b) qualification of the Secretary and the
terms and conditions of scrvice of the
Secretary and other employees of the
Commission, including the salaries and
allowances payable to them,
(c} any other mattcr which is to be or may
be prescribed under this Act.
(3) Every rule made by the Governmen; under
this Act shall be laid. as soon as may be, before
the Legislative Assembly.
37. Power to remove difficulties—-(1) If any
dificulty arises in giving effect to the provisions
of this Act, the Government, may, by order, do
anything not inconsistent with the provisions there-
of 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
two vears from the commencement of
this Act.
(2) Every order made under this section shall
be laid as soon as may be, on the table of the
Legislative Assembly.
18. Repeal Ordinance 1 of 1994.—(1) The
National Capital Territory of Delhi Finance Com-
mission Ordinance. 1994 (Ordinance 1 of 1994)
is hereby repealed.
(2) Notwithstanding such repeal, anything done
or any action taken under the said Ordinance,
shall be deemed to have been done or taken under
this Act.
R. T. L. DSOUZA, Under Secy.
(Legislative Affairs}
we
and Published by the Cootrollor of Publications. Delhi-110054, 1994