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 (S J;~,)

-·· .::-"""}r '"!

GOVERNMENT OF ASSAM __;;,.t;!' __ _;_

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGISLATIVE

BRANCH

NOTIFICATION

Tbe I 8th April, 1995

N0. LGL. 1 I2i94/24, -The fo llowing Act of the A s ~ a m

Legislative Assembly which received the assent cf the

G'lvernnr i~ hereby published for general information ,


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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.

###### It is hereby enacted in the Forty-sixth Year of
 the Republic of India as follows:-

Short title 1. (1) This Act may be called the Assam Finance
and

commence- Commission (Miscellaneous Provisions) Act. 1995.

ment .

(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.


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'l'HE ASSAM GAZ81TE. EX EAui.DJNARY. 'PR. 18. 1995 509

Qua lific ~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 -

(

(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.

Personal 4. Before appointment of a person as a Chai;r-

intere8t to
di1qu.alify man or a member of the Commission, the Governor

m embers . 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.


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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 resign 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) Members 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 per son to fur nish information on such points
or m atters 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 furnis h 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 S e-:ctions 345 and 346
d the Code of Criminal Procedure, 1973 (Act II of

1974).


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'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 rector (P.&S.), Direct 11rate

of Ptg. and Sty., Assam, Guwahati-'2 1 tEx. G ze.te) No. 157-
740-400-18-4-1995.


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