The Manipur State Finance Commission Act, 1996

qfa AaNo...&e.k_\a......[>1qul . Date of Assent ..!.. ”3.5) '79" Datebt Pubtication } THE MANIPUR STATE FINANCE COMMISSION 31-1513, 1996 A ”\ BI—H: Mt , to determine the qualifications requisite for appointment as members of the State Finance Cbmmissz'on and the manner in which they shall be Selected and to» prescribe their powers. ' BE it enacted by the Legislature of Manipur in the Forty-seventh Year- of the Republic of India as follows i— 1. Short title and commencement.—(1) This Act may be called the Manipur- State Finance Commission Act, 1996. (2) It shall come into force at once. 2.' Definitions.—In this Act, unless the context otherwise requires,— ~ (21) “Commission” means the State Finance Commission, constituted by the Governor of Manipur in pursuance to clause (1) of Article 243-1 of ‘ the Constitution; (’0) “Member” means a member of the Commission and includes the Chairman : (c) “Municipality” means a Municipality constituted under Artic1e243-Q of‘ the Constitution of India; (d) “Panchayat” means a Panchayat constitfited under Article 243-8 of the Constitution of India. 3. Constitution of State Finance Commission.—The State Finance Commission shall consist of a Chairman and a maximum of three other members appointed by the Governor. ‘3.. 4. Qualification for appoéntment as and the manner of selection of members of the Comméssion.—-The Members including the Chairman of the Commission shall be appointed from among the persons who have had experience in public affairs, and who—— (a) are, or have been, or are qualified to be appointed as Judges of a High Court; or (b) ltave special knowledge of the finance and accounts of Government, or (c) have had wide experience in finanmal matters and in administration; or (d) have special knowledge of economics. 5. Personal interest to disqualify members.-—Bet‘ore appointing a person to be a member of the Commission, the Governor shall satisfy himself that the person will have no such financial or other interest as is tikelyi” to aflect prej'udicially his functions as a member of the Commission, and the Govemot 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 a member of the Commission shall, "Whenever" required by the Governor as to do, furnish to him such information Was the Govei‘ndr considers necessary for the performance by him of his duties under this section. ‘6. DiSquaiifications for being a member of the Commission.—«A person shall be disqualified for being appointed as or for being a member of the com- : mission,-—- (3}‘ if he is of unsound mind : {19) 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 pre- judicially his functions as a. member_ of the Commission. 7 7. Terms of office of members and etigibiiity for reappointment.——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 re- appohztnmnt : ‘ Ftovided that a member may, by letter addressed to the Governor, resign, his ofice. S. Ceniii‘iens of sesviee amt salaries and allowances of members—Thc member 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 member of the Commission such fees or salaries and such allowances as the State Government may, by rules made in this behalf, prescribe. 3 9. ‘Ptocedur‘e and 'poweiss- oi »;the Cemmisfiom—(L), The Commission.._ shall determine their procedure ,and in the *periermance. of :thei‘rrfunetiqns shallhgve 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,—- 3 (a) summoning~ and enforeing the attendanee of WitheSiesi M (b) requiring the production ofany document“ ‘ (c) requisitioning any public record from any Court of oiiiee. <(2).‘ The Commission shall have power. to require any __,person, t9 futnish information on such points or matters ,as in the opinion of the :CQIEIniéiii?” may be useful for, or relevant to, any matter under the consideration of the Commission. (3) The Commission shall be deemed to be a Civil Court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). Explanation:-—For the purpose of enforcing the attendance of witnesses, the local limits of the Commission’s jurisdiction shall be the limits of the territory of State of Manipur. - 10. Matters on Which Commission to make recommendations.—The State Finance Commission shall make recommendations to the Governor on matters provided under Article 243-1 and 243-Y of the Constitution. 11. Power to remove difliculties.—(1) If any difliculty arises in giving . effect to the provisions of this Act, the State Government, may by order, do anything not inconsistent with the provisions thereof which is necessary on expedient for the purpose of removing the difliculty: Provided that no such order shall be made under this section after the expiry of 2 years from the commencement of this Act. (2) Every order made under this section shall be laid on the table of the Legislative Assembly. 12. POWel' to make ruies.—-(1) The State Government may, by notification in the ofiicial Gazette, make ruies for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the Legisiative Assembly While it is in session, for a total period of twenty days which may be comprised in one session or in two or more successive sessi021s,,and if, Before the expir cf the session immediately foliowing the successive sessions aforesaid, the House agrees'in making modification in the rule or that the rule should not be made, the rule shall thereafter have eifect, oniy in such modified form or be of no efi‘ect, 4 es 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 rule. ' l3. Repeal and uvings.—7(l) From the commencement of this Act, section 97 of the Manipur Panchayati Raj Act, 1994 (26 of 1994) and section ‘73 of the Meuipur Municipalities Act, "1994 (43 of 1994) are hereby repealed. , _ i(2) hietwithsmnding such tepeal, anything done or any action taken under [the said. sectiens shall be deemed to have been done or taken under the correspondihg provisions of this Act.