fort a. s.0a.-33002/94 REGISTERED NO, D.L.—33002/94 TTA TUTTE
GOVERNMENT OF INDIA
Delhi Gazette
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PUBLISHED BY AUTHORITY
HATTA
EXTRAORDINARY
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PART IV
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Parr LY] DELHI GAZETT
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a. dt.ca. sige, wax atra (franir ara} DEPTT. OF LAW, JUSTICE & LEGISLATIVE
AFFAIRS
NOTIFICATION
Delhi, the 3rd October, £994 No. F, 13|1/94-Fud|11j/26.—The following Act of Legislative Assembly received the assent of the President, on the 3rd October, 1994 and is hereby published for general information :
THE DELHI FINANCE COMMISSION
ACT, 1994
(Delhi Act No. 10 of 1994) (3-10-1994)
: EXTRAORDINARY 3
As passed by the National Cupital Territory of Del
AN
ACT
to provide for the composition of a Finance sion for the National Capital Territory of the qualifications requisite for appoint- ments, and the manner of selection cf, the Chair-
man and members thereof, the functions of the
Finance Commission and for matters incidental
thereto.
Be it enacted by the Legislative: Assembly of the
National Capital Territory of Deth! in the Forty-
fifth year of the Republic of India as follows :
~-(1)
Com-
1. Short title, extent and commencement. This Act may be called the Delhi Finan:
mission Act, 1994
(2) It extends to the whol of the National Capi- tal Territory of Dethi.
(3) It shall be deemed to have come into force on the 23rd day of April, 1994.
2. Detinitions —In this Act, unless the context otherwise requires,—
(a) "Commission" means the Fmance Com- mission for the National Capital Terri- tory of Delhi constituted under clause
(1) of Article 243-T read with Article 243-Y of the Constitution of India:
(b) "Council of Ministers" means the Coun- cil of Ministers of the Government of National Capital Territory of Delhi:
(c) "Government" means the Government of the National Capital Territory of DeShi;
(d) "Legislative Assent:
gislative Assembly of Capital Territory of Do! the Le-
National
means
the
(e) "Lieutenant Governor' means the Liente- nant Governor of the National Capital Territory of Dethi:
({) "Municipality" means a Municipality constituted under Article 243-0 of the Constitution of India:
(g) "Prescribed" means prescribed bv rules made under the Act.
3. Composition of the Finance Commission. —
1) The Finance Commission shall consis af a Chairman and such number of members aot heing less than two and more thay four, as the Govern- ment may determine.
3
42) The Chairman and the mem bers shail be
appomted by the Lieutenan; G overnor on the re-
commendation of the 'Counci! of Ministers, by
order in writing :
Provided that no person who js a Minister of
the Government of a Chairma n!President (by
whatever name called) or an emp loyee of a Muni-
cipality shall he appointed as 4 Chairman or @
Member of the Commission.
4. Qualifications tor appointment and manner
of selection of Chairman and m embers—(1) The
Chairman shal! be selected from among persons
who have experience in financial and economic
matters and in public affairs.
(2) The members shal! be selected fr om among
persons who—
(a) are, or have beea, or are quali fied to be
appointed as Judges of 2 High Court, ot
(b) have special. knowledge in economi es,
and of the finances and accounts of the Government; or
(e) have wide experience in financial man- agement of the Municipalities and in the administration thereof.
5. Term of appointment.-—The Chairman and
the members of the Commission shall hold office for such period as may be specified from time to
time.
6. Disqualification for being a Chayman or a memher of the Commission.—-A person shall be discualified from being a Chaitman or a member of the Commission :-—
(a) if he is of unsound mind: ot (by if he is adjudged an insolvent; or
(c) if he has been convicted of an offence involving moral turpitude; or
(d) if he has such financial or other interest as is likely to affect prejudicially _ his functioning as a Chairman or a member of the Commission.
7. Conditions of service of Chairman and members.—(1) The Chatiinaa and the members of the Commission shall render whole-time or part- time service to the Commission as may be speci- fied.
(2) The other terms and conditions of service of the Chairman and the members of the Commis- sion inchiding the salaries and allowances of fee shall be such as may be prescribed.
8 Resignation.—The Chairman or any member of the Commission may by writing under his hand addressed to the Lieutenant Governor resign his omce.
4 DELHI GAZETTE
: EXTRAORDINARY
{Part IV
9. Removal—The Lieutenant Gover nor may,
on the recommendation of the Council of Minister s,
by order, remove from office the Chairman or any
mempber:—
(a) if after his appointment, he becomes sub- ject to any of the disqualifications re- ferred to in section 6; or
(b) if he has, in the opinion of the Govern- ment, so abused his position as to render his continuance in office as Chairman or member undesirable :
Provided that no such order shall be passed under this section without giv- ing the Chairman or such memiber a reasonable opportunity of being heard. 10, Vacancy in the office of Chaitman.—If the Office of the Chairman becomes vacant or if the Chairman is unable to discharge his functions owing to obsence, illness or any other cause. such member of the Commission as the Lieutenant Governor may, on the recommendation of Coun- cil of Ministers, by order, specify shall discharge the functions of the Chairman until new Chairman is appointed and assumes office or, as the case may be, the Chairman resumes his duties. | 11, Staff of the Commission —(1) The Commis- sion may, with the previous sanction of the Gov- ernment, appoint.—
(a) a Secretary, and
(b) such employees as it may think neces- sary, for the efficient discharge of its functions.
(2) The qualifications of the Seeretary and the terms and conditions of service of the Secretary and other employees of the Cammission, includ- ing the salaries and allowances. shall be such as may be prescribed.
12. Procedure—-The Commission shall deter- mine the procedure for the discharge of its duties.
13. Funetions of the Commission.—The Com- mission shall review the financial position of the Municipalities and make recommendations to the Lieutenant Governor as to.—
(a) the principles which should govern.—
G) the distribution between the Govern- ment and the Municiplalities of — the net proceeds of the taxes. duties. tolls and fees leviable by the Government which may be divided between them:
(ii) the determination of the taxes, duties. tolls and fees which may be assigned to or appropriated by the Muncipali- ties;
4
Part IV] Cii) the grants-in-aid to the Municipalities from the Consolidated Fund of the National Capital Territory of Delhi;
(b) the measures needed to improve the fin- ancial position of the Municipalities,
(c) any other matter referred to the Finance Commission by the Lieutenant Governor in the interest of sound finance of the Municipalities,
14. Powers of the Commission—The Commis- sion shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the follow- ing matters, namely :
(a} summoning and enforcing the atten- dance of witnesses:
(b} raquiring the
ment;
production of any docu-
from (c) requisitioning any public record uny court or office.
{2} The Commission shall have power to re- quire any person to furnish information on such points or matters as in its opinion may be useful for, or relevant to, any matter under the conside- ration of the Commission and any person so re- quired shall, notwithstanding anything contained in any other law for the time being in force, be deemed to be legally bound to furnish such infor- mation within the meaning of section 176 of the Indian Penal Code, 1860 (45 of 1860). Explanation.—For the purposes of enforcing the attendance of wittnesses, the local limits of the jurisdiction of the Commission shall be the limits of the National Capital Territory of Delhi. 15, Protection of action taken under this Act.— No suit, prosecution or other legal proceedings shall lie against the Chairman, or a member or the Sccretary or any employce for anything which is in good faith done or purported to be done under this Act.
16. Power to make rules—-(1} The Govern- ment may, make rules for carrying out the provi- sions of this Act,
Printed by the Ma:
ger, Govt. of India Press, Ring Koad, Maya Puri, New Delhi-110064
DELHI GAZETTE : EXTRAORDINARY 3
(2) In particular and without prejudice to the generality of the foregoing power, such rules, may provide for all or any of the following matters, namely -—
(a) the terms and conditions of service of the Chairman and the members of the Commission including the salaries and allowances or fees payable to them;
(b) qualification of the Secretary and the terms and conditions of scrvice of the Secretary and other employees of the Commission, including the salaries and allowances payable to them,
(c} any other mattcr which is to be or may be prescribed under this Act.
(3) Every rule made by the Governmen; under this Act shall be laid. as soon as may be, before the Legislative Assembly.
37. Power to remove difficulties—-(1) If any dificulty arises in giving effect to the provisions of this Act, the Government, may, by order, do anything not inconsistent with the provisions there- of which appears to be necessary or expedient for the purpose of removing the difficulty :
Provided that no such order shall be made under this section after the expiry of two vears from the commencement of
this Act.
(2) Every order made under this section shall be laid as soon as may be, on the table of the Legislative Assembly.
18. Repeal Ordinance 1 of 1994.—(1) The National Capital Territory of Delhi Finance Com- mission Ordinance. 1994 (Ordinance 1 of 1994) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act.
R. T. L. DSOUZA, Under Secy.
(Legislative Affairs}
we
and Published by the Cootrollor of Publications. Delhi-110054, 1994
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