qfa
AaNo...&e.k_\a......[>1qul .
Date of Assent ..!..
”3.5) '79"
Datebt Pubtic
ation }
THE MANIPUR STATE FINANC
E 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 Manip
ur 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 Fina
nce Commission, constituted by
the Governor of Manipur in pursuance to cla
use (1) of Article 243-1 of ‘
the Constitution;
(’0) “Member” means a member of the C
ommission and includes the
Chairman :
(c) “Municipality” means a Municipalit
y constituted under Artic1e243-Q of‘
the Constitution of India;
(d) “Panchayat” means a Panchayat constitfited unde
r Article 243-8 of
the Constitution of India.
3. Constitution of State Finance Commission.—T
he State Finance Commission
shall consist of a Chairman and a maximu
m of three other members appointed
by the Governor.
qla
Act No..\‘.l‘.\.\.°.l ...... [336’ 4,4
(1)5) WA
Dale of Assent .H‘
Date or Publication ..
THE MANIPUR STATE FINANCE COMMISSION 31-1513, 1996
An
3135M—
to determine the qualifications requisite for appointment as members of the State
Finance Cbmmission 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;
(b) “Member” means a member of the Commission and includes the
Chairman :
(e) “Municipality” means a Municipality constituted under Article 243-Q of ‘
the Constitution of India;
(d) “Panchayat” means a Panchayat constituted 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
..
and the manner of selection of members
4. Qualification for appointment as
ading the Chairman of the Commission
of the Commission—'1' he Members incl
shall be appointed from among the persons who have had experience in public
affairs, and who——
f a High
(a) are, or have been, or are qualified to be appointed as Judges 0
Court; or
nce and accounts of Government, or
(b) have special knowledge of the fine
(c) have had wide experience in financial matters and in administration; or
(d) have special knowledge of economics.
5. Personal interest to disqualify members—Before 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 likely?“ 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,
i'v‘vhenever" required by the Governor as to do, furnish to him such information
Was the Governor considers necessary for the performance by him of his duties
under this section.
ng a member of the Commission.—«A person shall
‘6. DiSqnalifieations for bei
member of the com-
be disqualified for being appointed as or for being a
2 mission,-——-
(3}‘ 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;
id) if he has such financial or other interest as is likely to affect pre-
judicially his functions as a. member of the Commission. 7
f members and eligibiiity for reappointment—Every
hold office for such period as may be specified
ting him, but shall be eligible for re-
7. Terms of oiiice 0
member of the Commission shall
in the order of the Governor appoin
appointment :
‘Frovided that a member may, '0
his oficc.
y letter addressed to the Governor, resign,
and allowances of members—The
8. Conditions of service and salaries
-time service to
of the Commission shall render whole—time or part
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.
member
3
ommisfiom—(l), The Commission.._ shall
determine their procedure and in the performance. of :theirrfunctions shallhave
all the powers of a civil court under the Code of Civil Procedure, 1998
while trying. a suit in respect of the following matters, namely,—- ‘
g~ and enforcing the attendance of WitneSiesi
9. Procedure and powers- oi »;the C
(a) summonin
(b) requiring the production of any Ldocu’mefitt ‘
(c) requisitioning any public record from any Court or oiiice.
<(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.
(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).
—For the purpose of enforcing the attendance of witnesses,
Explanation:
1 be the limits of the
the local limits of the Commission’s jurisdiction shal
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
of this Act, the State Government, may by order, do
. effect to the provisions
thereof which is necessary or
anything not inconsistent With the provisions
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. POWer to make mics—(l) 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 sessi 21s,,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, only in such modified form or be of no efi‘ect,
4
es the case may be, so, however, that any such modification or annulment
sshall be without prejudice to the validity of anything previously done under
that rule.
' l3. Repeal and gauge—7(1) From the commencement of this Act, section 97
of the Manipur Panohayati Raj Act, 1994 (26 of 1994) and section ‘73 of the
Menipur Municipalities Act, "1994 (43 of 1994) are hereby repealed.
f _ (2) Notwithstanding such 1'epeal, anything done or any action taken under
the said sections shall be deemed to have been done or taken under the
[corresponding provisions of this Act.
‘3..
4. Qualification for appoén
tment as and the manner o
f selection of members
of the Comméssion.—-The M
embers including the Chai
rman of the Commission
shall be appointed from a
mong the persons who ha
ve had experience in publi
c
affairs, and who——
(a) are, or have been, or are
qualified to be appointed as Jud
ges of a High
Court; or
(b) ltave special knowledge
of the finance and accounts
of Government, or
(c) have had wide experien
ce in finanmal matters and
in administration; or
(d) have special knowledg
e of economics.
5. Personal interest to disq
ualify members.-—Bet‘ore appo
inting a person to
be a member of the Commiss
ion, 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 a
s a member of the Commis
sion, and the Govemot
shall also satisfy himself from
time to time With respect to
every member of
the Commission that he ha
s no such interest and any
person who is, or whom
the Governor proposes to a
ppoint to be a member of
the Commission shall,
"Whenever" required by the G
overnor as to do, furnish t
o him such information
Was the Govei‘ndr considers
necessary for the performan
ce by him of his duties
under this section.
‘6. DiSquaiifications for bein
g a member of the Commissio
n.—«A person shall
be disqualified for being a
ppointed as or for being a
member of the com-
: mission,-—-
(3}‘ if he is of unsound min
d :
{19) if he is an undischarged i
nsolvent ;
(c) if he has been convicte
d of an offence inVOlving m
oral turpitude;
(d) if he has such financial or
other interest as is likely to af
fect pre-
judicially his functions as a
. member_ of the Commissi
on. 7
7. Terms of office of memb
ers and etigibiiity for reapp
ointment.——Every
member of the Commission shall
hold office for such period as ma
y be specified
in the order of the Govern
or appointing him, but shal
l be eligible for re-
appohztnmnt :
‘ Ftovided that a member ma
y, by letter addressed to the
Governor, resign,
his ofice.
S. Ceniii‘iens of sesviee amt
salaries and allowances of me
mbers—Thc
member of the Commission sha
ll render whole—time or part-ti
me service to
the Commission as the Gover
nor may, in each case specif
y, and there shall
be paid to the member of
the Commission such fees or
salaries and such
allowances as the State Go
vernment may, by rules m
ade in this behalf,
prescribe.
9. ‘Ptocedur‘e and 'poweiss- oi »;th
e Cemmisfiom—(L), The Commissi
on.._ shall
determine their procedure ,and in th
e *periermance. of :thei‘rrfunetiqns sh
allhgve
all the powers of a civil cou
rt under the Code of Civil
Procedure, {1908
while trying. a suit in respect
of the following matters, namel
y,—- 3
(a) summoning~ and enforeing the attenda
nee of WitheSiesi M
(b) requiring the production ofany doc
ument“ ‘
(c) requisitioning any public re
cord from any Court of oiiiee.
<(2).‘ The Commission shall have
power. to require any __,person, t9
futnish
information on such points or matte
rs ,as in the opinion of the :CQIEInié
iii?”
may be useful for, or relevant t
o, any matter under the consider
ation of the
Commission.
(3) The Commission shall be deemed
to be a Civil Court for the purposes
of sections 345 and 346 of the Co
de of Criminal Procedure, 1973 (
2 of 1974).
Explanation:-—For the purpose of
enforcing the attendance of witnes
ses,
the local limits of the Commissio
n’s jurisdiction shall be the limi
ts of the
territory of State of Manipur.
-
10. Matters on Which Commissio
n to make recommendations.—The
State
Finance Commission shall make re
commendations 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 p
rovisions thereof which is necessary
on
expedient for the purpose of r
emoving the difliculty:
Provided that no such order shall b
e made under this section after th
e
expiry of 2 years from the commen
cement of this Act.
(2) Every order made under this sec
tion 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 fo
r carrying out the purposes of this A
ct.
(2) Every rule made under this Ac
t shall be laid, as soon as may be,
after it is made, before the Leg
isiative 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 ses
sion
immediately foliowing the successiv
e sessions aforesaid, the House agree
s'in
making modification in the rule or th
at the rule should not be made, the ru
le
shall thereafter have eifect, oniy
in such modified form or be of
no efi‘ect,
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.