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State of West Bengal - Section

Section 206A in The West Bengal Panchayat Act, 1973

206A. [ Finance Commission. [Section 206A inserted by W.B. Act 17 of 1992.]

- [(1) As soon as may be after the commencement of the West Bengal Panchayat (Amendment) Act, 1994, and thereafter at the expiry of every five years, there shall be a Finance Commission constituted by the Governor, by notification, under clause (1) of article 243-I of the Constitution of India which shall consist of not more than five members including the Chairman, selected from amongst the jurists, economists, administrators and social and political workers of eminence.]
(2)The Finance Commission shall review the financial position of the Gram Panchayat, Panchayat Samitis, and Zilla Parishads and shall make recommendations as to -
(a)the principles which should govern -
(i)the distribution between the State and the [Panchayats] [Word substituted for the words 'Gram Panchayats, Panchayat Samitis, and Zilla Parishads' by W.B. Act 18 of 1994.] of the net proceeds of taxes, duties, tolls and fees leviable by the State, which may be divided between them, and the allocation between the [Panchayats] [Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.] at all levels of their respective shares of such proceeds;
(ii)the determination of taxes, duties, tolls and fees which may be assigned to, or appropriated by, the [Panchayats;] [Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.]
(iii)the grants-in-aid to the [Panchayats] [Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.] from the Consolidated Fund of the State;
(b)any other matter referred to the Finance Commission by the [Governor] [Word substituted for the words 'State Government' by W.B. Act 18 of 1994.] in the interest of sound finance of the [Panchayats.] [Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.]
(3)The Chairman and the other members of the Finance Commission shall hold office for one year and [the term of office may be extended for six months at a time by the State Government by notification, and they shall be paid such fees and allowances as the State Government may, by order, determine.] [Words substituted for the words 'the term of office may be extended for six months by the State Government by notification.' by W.B. Act 18 of 1994.]
(4)The Chairman or any other member of the Finance Commission may resign his officer by writing under his hand addressed to the Chief' Secretary to the Government of West Bengal, but he shall continue in office until his resignation is accepted by the State Government.
(5)[ The Finance Commission shall, in the performance of its functions, determine its own procedure, and exercise such powers, summon such persons and examine such records as may be prescribed.
(6)The Governor, on receipt of the recommendations of the Finance Commission, shall take such actions as may be considered necessary, and the recommendations of the Finance Commission together with an explanatory memorandum of actions taken thereon shall be laid for not less than fourteen days before the State Legislature as soon as possible after such recommendations are received and shall be accepted with such modifications as the State Legislature may make during the session in which they are so laid.] [[Sub-Sections (5) and (6) substituted by W.B. Act 18 of 1994, which were earlier as under:-'(5) The Finance Commission shall, in the performance of its functions, exercise such powers, summon such persons, examine such records, and adopt such procedures as may be prescribed.
(6)The recommendations of the Finance Commission shall, on acceptance by the State Government with such modifications as that Government may deem necessary, be notified in the Official Gazette, and upon such notification, the recommendations shall come into effect from such date as may be specified in the notification.'.]]
(7)The State Government may appoint a Secretary for the Finance Commission and such other officers and employees as that Government may think necessary, and may determine the salaries of the Secretary and the other officers and employees.]