The MAHARASHTRA FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) ACT, 1994.

GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT
 MAHARASHTRA  ACT  No. XXIII OF 1994.
THE  MAHARASHTRA  FINANCE  COMMISSION
(MISCELLANEOUS  PROVISIONS)
ACT, 1994.
[As modified upto the 1 st November 2012]
*
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AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS ,
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2013
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THE  MAHARASHTRA  FINANCE  COMMISSION  (MISCELLANEOUS
PROVISIONS)  ACT, 1994.
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.
1994 : Mah. XXIII ]       (i)
Short title.
MAHARASHTRA  ACT  No.  XXIII OF 19941.
[THE  MAHARASHTRA  FINANCE  COMMISSION (MISCELLANEOUS
PROVISIONS) ACT, 1994]
[This Act received the assent of the Governor on the 22 nd April 1994 ; assent was first
published in the “Maharashtra Government Gazette” on the 22 nd April 1994]
Amended by Mah. 15 of 1995 (18-8-1995)*
Amended by Mah. 11 of  2000 @ (3-7-1999)*
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 requi-
site 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. This Act may be called the Maharashtra Finance Commission (Miscellaneous
provisions) Act, 1994.
2. 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. The Commission shall consist of a Chairman and four other members.
4. 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 :
1 For S tatement of Objects and Reasons, see Maharashtra Government Gazette, 1994 , Part V ,
page 189.
* This indicates the date of commencement of the Act.
@ Maharashtra Ordinance No. XXXIII of 1999 was repealed by Mah. 11 of 2000, s. 3.
Definitions.
Composition
of Commis-
sion.
Qualification
for appoint-
ment as, and
manner of
selection of
Chairman and
Members of
Commission.
Provided that one of the members shall be a person who is holding or has held the post
not lower in rank than that of 1[an officer in Junior Administrative Grade in Indian Admin-
istrative Service or an Officer in equivalent Grade] and he shall be the Member-Secretary
of the Commission.
5. 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 finacial or other
interest as is likely to affect prejudicially his functions as the Chairman or 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, the Chairman or a Member of the Commis-
sion 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. 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 2[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. 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. The Chairman and the Members 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 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. (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 attendence 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
notwithstanding 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.
2 Maharashtra Finance Commission (Miscellaneous [1994 : Mah. XXIII
provisions) Act, 1994
Personal
interest to
disqualify
Chairman and
Members.
Disqualifica-
tion for being
Chairman or
Member of
Commission.
Term of
office of
Chairman and
Members and
eligibility for
reappoint-
ment.
Conditions of
service and
salaries and
allownaces of
the Chairman
and Members.
1 These words were substituted for the words “a Principal Secretary to the Government” by Mah. 11
of 2000, s. 2.
2 These words were inserted by Mah. 15 of 1995, s. 2.
Procedure
and powers
of the
Commission.
V of
1908.
XLV
of
1860.
1994 : Mah. XXIII ] Maharashtra Finance Commission (Miscellaneous 3
provisions) Act, 1994
(3) The Commission shall be deemed to be a civil court for the purposes of sub-
section (1) of section 345 and of section 346 of the Code of Criminal Procedure, 1973.
Explanation.—For the purposes of enforcing the attendence of witnesses, the local
limits of the Commission’s jurisdiction shall be the limits of the State of Maharashtra.
II of
1974.
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