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 1st November 2012]

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT  PRESS AND BOOK DEPOT, NAGPUR - 440  001
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS ,
MAHARASHTRA STATE, MUMBAI -400 004.

2013

[Price : Rs.3.00]

1994 : Mah. XXIII ]

      (i)

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.

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]

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

Short  title.

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  Statement  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.

2

Maharashtra  Finance  Commission  (Miscellaneous
provisions) Act, 1994

[1994 : Mah. XXIII

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.

Procedure
and  powers
of  the
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 :—

V of
1908.

(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.

XLV
of
1860.

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.

1994 : Mah. XXIII ]

Maharashtra  Finance  Commission  (Miscellaneous
provisions) Act, 1994

3

(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.

II  of
1974.

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.

NAGPUR : PRINTED AT THE GOVERNMENT PRESS.

Maharashtra  Government  Publications  can  be obtained
from---

• THE  DIRECTOR

GOVERNMENT  PRINTING, STATIONERY AND PUBLICATIONS
(Publications Branch),. Netaji  Subhash  Road,
MUMBAI 400 004.
Phone : 23632693,
23631148,

23630695
23634049

• THE   MANAGER

GOVERNMENT  PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Compound, Near G. P. O.
PUNE 411 001.
Phone :  26124759, 26125808, 26128920

• THE  MANAGER

GOVERNMENT  PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR  440 001.
Phone :  2562615.

• THE  ASSTT. DIRECTOR

GOVERNMENT  STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone :  2331468

• THE  MANAGER

GOVERNMENT  PRESS AND STATIONERY, STORE
Tarabai Park,
KOLHAPUR  416 003.
Phone :  2650395, 2650402

AND  THE  RECOGNISED  BOOK  SELLERS.

