The West Bengal Finance Commission ( Miscellaneous Provisions ) Act, 2011

Registered No. WB/SC-247 	 No. WB(Part-I11)/2012/SAR-3 
Rothata a3ette 
      
Extraordinary 
Published by Authority 
MAGHA 5] 	 WEDNESDAY, JANUARY 25, 2012 	 [SAKA 1933 
PART III—Act of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 117-L.--25th January, 2012.—The following Act of the West Bengal Legislature, having been assented to by 
the Governor, is hereby published for general information: 
West Bengal Act XIII of 2011 
THE WEST BENGAL FINANCE COMMISSION 
(MISCELLANEOUS PROVISIONS) ACT, 2011. 
[Passed by the West Bengal Legislature.] 
Short title and 
commencement. 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 25th January, 2012.] 
An Act to provide for the composition of the qualifications requisite for appointment 
as members of the West Bengal 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 West Bengal Finance Commission, the 
manner in which they shall be selected, their powers and matters connected therewith 
or incidental thereto; 
It is hereby enacted in the Sixty-second Year of the Republic of India, by the 
Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Finance Commission 
(Miscellaneous Provisions) Act, 2011. 
(2) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 	 [PART III 
Definitions. 
Disqualifications 
for being 
Chairperson or 
members of 
Commission. 
Tenn of office 
of members and 
eligible for re-
appointment. 
Conditions of 
service and 
salaries and 
allowances of 
Chairperson and 
members. 
The West Bengal Finance Commission (Miscellaneous Provisions) 
Act, 2011. 
(Sections 2-7.) 
2. In this Act, unless the context otherwise requires,— 
(1) "Chairperson" means the Chairperson of the Commission; 
(2) "Commission" means the West Bengal Finance Commission constituted 
by the Governor in pursuance of provisions contained in clause (1) of 
article 2431, and clause (1) of article 243Y, of the Constitution of India; 
(3) "State Government" means the Government of West Bengal. 
3. The Commission shall consist of a Chairperson and the four other members. 
4. The Chairperson of the Commission shall be an eminent serving or retired 
civil servant well versed in administration and finance or an eminent academician 
in economics or public finance or political science or a related area of studies and 
the four other members shall be selected from amongst persons who,— 
(a) have wide experience in financial matters and in administration; or 
(b) have special knowledge of finances and accounts of the State Government; 
or 
(c) have special knowledge and experience about the local self Government 
in urban areas; or 
(d) have special knowledge and experience about the local self Government 
in rural areas: 
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 Joint Secretary to the Government of West 
Bengal or an officer of equivalent rank and he shall be the Member-Secretary of 
the Commission. 
5. A person shall be disqualified for being appointed as, or for being as, the 
Chairperson or a member of the Commission— 
(a) if he has been convicted of an offence involving moral turpitude; 
(b) if he is adjudged an insolvent; 
(c) if he is of unsound mind and stands so decided by a competent court. 
6. Every member of the Commission shall hold office for such period as may 
be specified by the State Government in the Order of appointing him, but shall be 
eligible for reappointment: 
Provided that he may, in writing addressed to the State Government, resign his 
office. 
7. (1) The Chairperson and the members of the Commission shall render whole-
time or part-time service to the Commission as the State Government may in each 
case specify and they may be paid such fees or salary and such allowances as the 
State Government may, by rules by notification in the Official Gezeue, determine. 
(2) The rules made under sub-section (1) shall be laid, as soon as may be after 
it is made, before the West Bengal Legislative Assembly, while it is in session, for 
a total period of thirty days which may be comprised in one session or in two or 
more successive sessions, and if, before the expiry of the session in which it is so 
laid or the session immediately following, the West Bengal Legislative Assembly 
makes any modification in the rules or decides that the rules should not be made, 
the rules shall thereafter have effect only in such modified form or be of no effect, 
as the case may be; so. however, that any such modification or annulment shall be 
without prejudice to the validity of anything previously done under that rules. 
Composition of 
Commission. 
Qualifications 
for appointment 
as, and manner 
of selection of, 
Chairperson and 
members of 
Commission. 
PART 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 25, 2012 	 3 
The West Bengal Finance Commission (Miscellaneous Provisions) 
Act, 2011. 
Procedure and 
powers of 
Commission. 
(Section 8.) 
8. (1) The Commission may 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 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 for, 
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. 
(3) The Commission shall be deemed to be a civil court for the purposes of section 
345 and section 346 of the Code of Criminal Procedure, 1973. 
Explanation—For the purposes of enforcing the attendance of witnesses, the local 
limits of the jurisdiction of the Commission shall be the limits of the State of 
West Bengal. 
5 of 1908. 
45 of 1860. 
2 of 1974. 
     
By order of the Governor, 
B. K. SRIVASTAVA, 
Secy.-in-charge to the Govt. of West Bengal, 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056. 

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