The Maharashtra Finance Commission (Miscellaneous provisions) Act, 1994.

1994 : Mah. XXIII]  1 
THE MAHARASHTRA FINANCE COMMISSION  
(MISCELLANEOUS PROVISIONS) ACT, 1994 
[Text as on 20th March 2024] 
—————— 
CONTENTS 
PREAMBLE.  
SECTIONS.  
 1.  Short title. 
 2.  Definitions. 
 3.  Composition of Commission. 
 4.  Qualifications for appointment as, and manner of selection of Chairman and Members of 
Commission. 
 5.  Personal interest to disqualify Chairman and Members. 
 6.  Disqualifications for being Chairman or Member of Commission. 
 7.  Term of office of Chairman and Members and eligibility for reappointment. 
 8.  Conditions of service and salaries and allowances of the Chairman and Members. 
 9.  Procedure and powers of the Commission. 
 
 
 
 
 
 
 
 
 
2 The Maharashtra Finance Commission  [1994 :Mah. XXIII 
(Miscellaneous Provisions) Act, 1994 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1994 :Mah. XXIII]  The Maharashtra Finance Commission 3 
(Miscellaneous Provisions) Act, 1994 
LIST OF AMENDMENT ACTS 
1. Amended by Mah. 15 of 1995 (18-8-1995) 
  
2. Amended by Mah. 11 of 2000 1(3-7-1999) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
1  Maharashtra Ordinance No. XXXIII of 1999 was repealed by Mah. 11 of 2000, s. 3. 
 
Note:- The date mentioned in the bracket indicates the date of commencement of the Act. 
4 The Maharashtra Finance Commission  [1994 :Mah. XXIII 
(Miscellaneous Provisions) Act, 1994 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1994 :Mah. XXIII]  The Maharashtra Finance Commission 5 
(Miscellaneous Provisions) Act, 1994 
MAHARASHTRA ACT No. XXIII OF 19941
 
[THE MAHARASHTRA FINANCE COMMISSION  
(MISCELLANEOUS PROVISIONS) ACT, 1994.] 
[This Act received the assent of the Governor on the 22nd April 1994 ; assent was first  
published in the “Maharashtra Government Gazette” on the 22nd April 1994.] 
An Act to provide for the composition of, the qualifications requisite for appointment as 
members of the Maharashtra Finance Commission, the manner in which they shall  
be selected, their powers and matters connected therewith or incidental thereto.  
WHEREAS it is expedient to provide for the composition of, the qualifications requisite for 
appointment as members of, the Maharashtra Finance Commission, the manner in which they shall be 
selected, their powers and for matters connected therewith or incidental thereto ; It is hereby enacted in 
the Forty-fifth year of the Republic of India as follows :—  
1.  Short title.— This Act may be called the Maharashtra Finance Commission (Miscellaneous 
provisions) Act, 1994.  
2.  Definitions.— In this Act,—  
(1) “Chairman” means the Chairman of the Commission ;  
(2) “Commission” means the Finance Commission constituted by the Governor pursuant to 
clause (1) of Article 243-I of the Constitution.  
3.  Composition of Commission.— The Commission shall consist of a Chairman and four other 
members.  
4.  Qualifications for appointment as, and manner of selection of Chairman and Members of 
Commission.— The Chairman of the Commission shall be an eminent serving or retired civil servant 
well versed in Administration and Finance or a person with experience in public affairs and the four 
other members shall be selected from amongst persons who,— 
(a) have special knowledge of the finances and accounts of Government ; or  
(b) have had wide experience in financial matters and in administration ; or  
(c) have special knowledge and experience about the local self Government in urban areas ;  
(d) have special knowledge and experience about the local self Government in rural area : 
Provided that one of the members shall be a person who is holding or has held the post no t lower 
in rank than that of 2[an officer in Junior Administrative Grade in Indian Administrative Service or an 
Officer in equivalent Grade] and he shall be the Member-Secretary of the Commission.  
5.  Personal interest to disqualify Chairman and Members. — Before appointing a person to 
be the Chairman or a Member of the Commission, the Governor shall satisfy himself that that person 
will have no such financial or other interest as is likely to affect prejudicially his functions as the 
Chairman or a Member o f 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, the Chairman or a Member of t he 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.  
                                                   
1  For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1994, L.C. Bill N o. X, Extraordinary,  
Part V, dated the 21st April 1994, page 189. 
2  These words were substituted for the words “a Principal Secretary to the Government” by Mah. 11 of 2000, s. 2. 
6 The Maharashtra Finance Commission  [1994 :Mah. XXIII 
(Miscellaneous Provisions) Act, 1994 
6.  Disqualifications for being Chairman or Member of Commiss ion.— A person shall be 
disqualified for being appointed as, or for being as the Chairman or a Member of the Commission—  
(a) if he is of unsound mind 1[and stands so decided by competent court] ;  
(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 
the Chairman or a Member of the Commission.  
7.  Term of office of Chairman and Members and eligibil ity for reappointment. — The 
Chairman and every Member of the Commission shall hold office for such period as may be specified 
in the order of the Governor appointing him, but shall be eligible for reappointment : 
 Provided that, he may, at any time, by writing under his hand addressed to the Governor, resign 
his office.  
8.  Conditions of service and salaries and allowances of the Chairman and Members. — The 
Chairman and the Members of the Commission shall render wh ole time or part time service to the 
Commission as the Governor may, in each case, specify ; and there shall be paid to the Chairman and 
the Members of the Commission such fees or salary and such allowances as the State Government 
may, by order, from time to time, 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 (V of 1908) wh ile 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 ; and  
(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 or relevant to any matter under the 
consideration of the Commission and any person so required shall notw ithstanding anything contained 
in any other law for the time being in force, be deemed to be legally bound to furnish such information 
within the meaning of section 176 of the Indian Penal Code (XLV of 1860). 
(3) The Commission shall be deemed to be a civi l court for the purposes of sub -section ( 1) of 
section 345 and of section 346 of the Code of Criminal Procedure, 1973 (II of 1974).  
Explanation.— For the purposes of enforcing the attendance of witnesses, the local limits of the 
Commission’s jurisdiction shall be the limits of the State of Maharashtra. 
                                                   
1  These words were inserted by Mah. 15 of 1995, s. 2. 

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