THE ASSAM FINANCE COMMISSION (MISCELLANEOUS PROVISION) ACT, 1995

J :.;./-- ',:---' .. L .:. Registered No. A-12 THE ASSAM GAZETTE ,,.·. , : OI~T~T~Cf EXTRAORDINARY ~- ~ qfqf !!~lfliNS PUBLIS!!ED BY AUTHORITY ~~ 79 ~llf~ . ~"'~~r~ . 18 ~fir~. 1995, 28 o'~, 1917 {J':f:fl) No. 7fJ Dispur, Tuesday, 18th April, !995. 28th Chaitra, 1917 (SJ;~,) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH -·· .::-"""}r '"! _;;,.t;!' __ _; NOTIFICATION Tbe I 8th April, 1995 N0. LGL. 1 I2i94/24, -The fo llowing Act of th e A s~ am Legislative Assembly which received the assent c f the G'lvernnr i~ hereby published for general information , 503 THE ASSAM GAZETTE. EXTRAORDINARY, APR. 18, 1995 ASSA11 ACT No . VI OF 1995 (Received the asioent 0f the Governor on 18th Apnl, 1995) THE ASSAM FINANCE COMMISSION (MISCE­ LLANEOUS PROVISION) AUT, 1995 AN ACT Preamble. to determine the qualifications requisite for appointment as Members of the Assam Finance Commission and the manner in which they shall be selected and to prescribe their powers. Short title and commence­ ment . It is hereby enacted in the Forty-sixth Year of the Republic of India as follows:- 1. (1) This Act may be called the Assam Finance Commission (Miscellaneous Provisions) Act. 1995. (2) It shall come into force on such date as the Government may, by notification, appoint. Definitions. 2. In this Act, unless the context otherwise required,- (1) "Commission" means the Assam Finance Commission constituted by the Governor pursuant to sub-clause (1) of Article 243 I of the Constitution. (2) "Government" means the Government of Assam. (3) "Governor" means the Governor of Assam. (4) ~'Member" means the Member of the Assam Finance Commission. (5) "Chairman'' means the Chairman of the Assam Finance Commission. (6) "Member Secretary" means a Member of· the Assam Finance Commission, specially L designated as Member Secretary. 'l'HE ASSAM GAZ81TE. EX EAui.DJNARY. 'PR. 18. 1995 509 Qualific~tion 3. The Chairman of che Commission shall be for appoint- . , • meat and selec~ed from among persons, who have wide ex- tlflC si:;an3er perience in public affairs, with special reference to o ec on • d fi . 1 d ol members economic an nanc1a matters an four other c~!mi!~i~n. members including the Member-Secretary shall be , selected from a _.ong persons who - ( Personal intere8t to di1qu.alify m embers . (a) are or have been or are qualified to be appointed as Judges of a High Court; or (b) have special knowledge of the finance and accounts .of a Government; or (c) have had wide experiences in financial matters and in administration; or (d) have special knowleage of Economics; or (e) have had long experience as an administra­ tor at senior levels with particular refe­ rence to fin:ancial and economic matters. 4. Before appointment of a person as a Chai;r­ man or a member of the Commission, the Governor shall satisfy himself that the person shall have no such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission, and the Governor shall also satisfy himself from time to time with respect to every member that he has no such interest and any per­ son who is, or whom the Governor proposes to appoint to be, a member shall, whenever required by the Governor so to do, furnish to him such in­ formation as the Governor considers necessary to satisfy himself in this regard as also for the per­ formance by him of his duties as the Chairman or a Member of the Commission. ~isqualifi~a· 5. A person shaJl be disqualified for being t1on forbemg •. t d f b . b a member app01n e as, or or e1ng a mem er.- of the Co· mn;iission. (a) if he is of unsound mind ; (b) if he is an undischarged insolvent; (c) if he has been convicted of an offence involving moral turpitude and; (d) if he has such financial or other interest as is likelv to affect prejudicially his func­ tions as a member of the Commission. 510 THE ASSAM GAZETTE. EXTRAORDINARY, APR. 18, 1995 0 lce:ms 0~f . 6. Every member shall hold office for such members andperiod as may be specified in the orders of the cJigibili~y for Governor appointing him but shall be eligible for re-appomt- ment. re-appointment: . ' . .. . ~ Provided that he may, by letter addressed te Governor r esign his office. Conditions 7. (1) The members shall render whole-time or of ~ervice part-time service to the Commission as the and other · . allowances orqovernor may In each case specify. members. 1 - ~ -,.:- .... <=·~"'""~;"-~~~ .,.-~ ..,··_ .. .• ::,--':'" -:-:; ··:~~\ (2) Member s shall be paid such fees or salaries and such allowances as the Governor may, by ~rders made in this behalf. determine. Procedure 8. (1) The Commission shall determine their an:r p~~:rs procedure and in the performance of their :func­ Commission.tions 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 the witness ; ' (b) requiring the production of any document; (c) the requisitioning of any public record from any court or office. (2) Commission shall have the 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 r elevant to any matter under the consideration of the Commission and any person so required shall notwit hstanding anything contained in sub-section (2) of Sect ion 54 of the Indian In­ come Tax Act. 1922 or in any other law for the time being inforce, be deemed to be legally bound to furnish such information within the meaning of Section 1 76 of the Indian Penal Code. (3) The Commission shall be deemed to be a Civil Court for the purpose of Se-:ctions 345 and 346 d the Code of Criminal P r ocedure , 1973 (Act II of 1974). 'THE ASSAM GAZETTE, EXTRAORDINARY, APR 18. 1995 511 EXPLANATION For the purpose of enforcing attendance of witness, the legal limits of the Commission's juris­ cUction shall be the limits of the territory of India. M. K. DEKA. Joint Secy. and I/C Secy. to the Govt. of Assam, Legislative Department. Guwabati:-Printed and published b y the D v. b recto r (P.&S.), Direct 11rate of Ptg. and Sty., Assam, Guwahati-'2 1 tEx. G ze.te) No. 157- 740-400-18-4-1995.