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Core Purpose

Notification constituting a Finance Commission for the Union Territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Ladakh, and Lakshadweep under Articles 243-I, 243-Y and 243-L of the Constitution.

Detailed Summary

The Ministry of Home Affairs issued S.O. 5417(E) dated 21st December 2023, in pursuance of Articles 243-I and 243-Y read with Article 243-L of the Constitution and in exercise of powers under section 186 of the Andaman and Nicobar Islands (Panchayats) Regulation, 1994 (1 of 1994), section 108 of the Lakshadweep Panchayat Regulation, 2022 (5 of 2022), section 139 of the Dadra and Nagar Haveli Municipal Council Regulation, 2004 (2 of 2004) read with the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law and Presidential Regulations) Sixth Order, 2022, and section 100 of the Dadra and Nagar Haveli and Daman and Diu Panchayat Regulation, 2012, constituting a Finance Commission for the Union Territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep, comprising Shri Anil Kumar Jha (Indian Administrative Service, Retired) as Chairman, Shri Prashant Goyal (Indian Administrative Service, AGMUT cadre 1993) as Member, and Dr. Amey Sapre, Associate Professor at the National Institute of Public Finance and Policy, as Part-Time Member, each to hold office for nine months with effect from 1st January 2024; the Commission is tasked with reviewing the financial position of Panchayats and Municipalities and recommending the distribution of net proceeds of taxes, duties, tolls and fees, grants-in-aid from the Consolidated Fund of India, and measures to improve financial capacity, using 2011 census population figures where population is a relevant factor, and must submit its report within nine months of constitution; the notification bears file number 15020/29/2021-Plg.Cell and is signed by Ashutosh Agnihotri, Joint Secretary.

Full Text

7876 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 5187] NEW DELHI, FRIDAY , DECEMBER 22, 2023/ PAUSA 1, 1945 CG-DL-E-22122023-250823 MINISTRY OF HOME AFFAIRS NOT IFICATION New Delhi, the 2 1st December , 2023 S.O. 5417(E).—In pursuance of articles 243 -I and 243 -Y read with the article 243 -L of the Constitution,and in exercise of the powers conferred by Section 186 of the Andaman and Nicobar Islands (Panchayats) Regulation, 1994 (1 of 1994), Section 108 of the Lakshadweep Pancha yat Regulation, 2022 (5 of 2022), Section 139 of the Dadra and Nagar Haveli Municipal Council Regulation, 2004 (2 of 2004) read with the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law and Presidential Regulations) Sixth Order, 2022, Sect ion 100 of the Dadra and Nagar Haveli and Daman and Diu Panchayat Regulation, 2012 read with the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law and Presidential Regulations) Sixth Order, 2022, the President is pleased to constitute a Finance Commission for Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep(hereinafter referred to as the Commission) consisting of the following persons, namely: - (i) Shri Anil Kumar Jha, Indian Administrative Service (Retired) Chairman (ii) Shri Prashant Goyal, Indian Administrative Service (AGMUT: 1993) Member (iii) Dr. Amey Sapre, Associate Professor, National Institute of Public Finance and Policy Part-Time Member 2. The Chairman and other Members of the Commission shall hold office for a period of nine months with effect from the 1stJanuary, 2024. 3. The Commission shall review the financial position of the Panchayats and Municipalities and make recommendations relating to the following matters, namely: - (a) the distribution between the Administrations of the Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep and t heir respective Panchayats and Municipalities of the net proceeds of the taxes, duties, tolls and the fees leviable by the respective Union territory Administration; (b) the determination of the taxes, duties, tolls and fees which may be assigned to, or approp riated by the Panchayats and Municipalities of the Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep; (c) the grants -in-aid to the Panchayats and Municipalities of the Andaman and Nicobar Islands, Dadra and Nagar Hav eli and Daman and Diu, Ladakh and Lakshadweep from the Consolidated Fund of India; (d) the measures needed to improve the financial position of the Panchayats and Municipalities in the Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Lada kh and Lakshadweep and to improve their capacity to enlarge their resource base. 4. In making its recommendations, the Commission shall, inter alia, have regard to: - (a) the objective of balancing the receipts and expenditure on revenue account of the Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep and their Panchayats and Municipalities; thereafter, in a manner that sufficient surplus is generated for capital investments; (b) the need for ensuring reasonable returns on the investments by the Panchayats and Municipalities in commercial undertakings, power projects, public sector enterprises, and such other institutions; (c) the revenue resource of the Panchayats and Municipalities base d on the existing resources and taxes, duties, tolls and fees proposed to be levied or appropriated by the Panchayats and Municipalities, to coincide with the period of the National Finance Commission and also assess the expenditure needs for this period a nd the broad areas of development to be undertaken by the Panchayats and Municipalities; (d) the long term perspective plans and developmental goals of the Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep, the orde r of investments required to achieve these goals and the possible sources for the required resources; (e) the scope for better fiscal management consistent with efficiency and economy in expenditure; 5. The Commission may also evolve a system for moni toring physical progress of project or schemes against financial outlays made available. 6. In making its recommendations on the various matters aforesaid, the Commission shall adopt the latest population figures as of 2011 census in all such cases where p opulation is a factor for providing the grants -in-aid or for the assessment of taxes, duties, tolls, fees and such other matters, to the Panchayats and Municipalities. 7. The Commission shall make its report available within a period of nine months, from the date of its constitution, and the Commission shall indicate the basis on which it has arrived at its finding and make available the Panchayat - wise and Municipalities -wise estimates of receipts and expenditure. [F. No. 15020/29/2021 -Plg.Cell ] ASHUTOSH AGNIHOTRI, J t. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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