Section 138 in Arunachal Pradesh Panchayat Raj Act, 1997
138.
(1)The Governor shall as soon as soon as may be within one year from the commencement of this Act and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Zilla Parishads, the Anchal Samitis and the Gram Panchayats and to make recommendations to the Governor as to;-(a)the principles which should govern-(i)the distribution between the State and Zilla Parishads, the Anchal Samitis and the Gram Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them under this Act and allocation between the Zilla Parishads, Anchal Samitis and Gram Panchayats of their respective shares of such proceeds;(ii)the determination of the taxes, duties, tolls, rates and fees which may be assigned to or appropriated by the Zilla Parishads, the Anchal Samitis and the Gram Panchayats;(iii)the grants-in-aid to the Zilla Parishads, the Anchal Samitis and the Gram Panchayats from the consolidated Fund of the State;(b)the measures needed to improve the financial positions of the Zilla Parishads, the Anchal Samitis and the Gram Panchayats; or(c)any other matter refereed to the Finance Commission by the Governor in the Interest of sound finance of the Zilla Parishads, the Anchal Samitis and the Gram Panchayats.(2)The Finance Commission shall consist of one or more members of whom one shall be the Chairman.(3)The Chairman or members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed.(4)The Finance Commission shall determine its procedure.(5)The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Governor but he shall continue in office until his resignation is accepted by the Governor.(6)The 'casual vacancy' created by the resignation of the Chairman or a member under sub-section (5) or for any other reason may be filled up by fresh appointment and the Chairman or the member so appointed shall hold office for the remaining period for which the Chairman or the member in whose place he was appointed would have held office.(7)The Finance Commission shall have the following powers in the performance of its functions, namely-(a)to call for any record from any officer or authority;(b)to summon any person to give evidence or produce any record; and(c)such other powers as may be assigned to it by the Governor.(8)The Governor shall cause every recommendation made by the Finance Commission under this section, together with an explanatory memorandum as to the action taken thereon to be laid before the State Legislature.Chapter - IX Miscellaneous
