• Bare Act: Central Vigilance Commission Act, 2003

  • An Act to provide for he constitution of a Central Vigilance Commission to inquire or cause inquiries to be conducted into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government and for matters connected therewith or incidental thereto.

    BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:

    CHAPTER I : PRELIMINARY

    1. Short title.-This Act may be called the Central Vigilance Commission Act, 2003

    2. Definitions.- In this Act, unless the context otherwise requires,-

    (a) "Central Vigilance Commissioner" means the Central Vigilance Commissioner appointed under sub-section (1) of section 4; 

    (b) "Commission" means the Central Vigilance Commission constituted under sub-section (1) of section 3; 

    (c) "Delhi Special Police Establishment" means the Delhi Special Police Establishment constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946); 

    (d) "Government company" means a Government company within the meaning of the Companies Act, 1956 (1 of 1956); 

    (e) "prescribed" means prescribed by rules made under this Act; (f) "Vigilance Commissioner" means a Vigilance Commissioner appointed under sub-section (1) of section 4.

    CHAPTER II : THE CENTRAL VIGILANCE COMMISSION

    3. Constitution of Central Vigilance Commission.- (1) There shall be constituted a body to be known as the Central Vigilance Commission to exercise the powers conferred upon, and to perform the functions assigned to it under this Act and the Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance Commission Ordinance, 1999 which ceased to operate, and continued under the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/20/99 AVD. III, dated the 4th April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 shall be deemed to be the Commission constituted under this Act.

    (2) The Commission shall consist of—

    (a) a Central Vigilance Commissioner — Chairperson;

    (b) not more than two Vigilance Commissioners — Members.

    (3) The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons—

    (a) who have been or are in an All-India Service or in any civil service of the Union or in a civil post under the Union having knowledge and experience in the matters relating to vigilance, policy making and administration including police administration; or

    (b) who have held office or are holding office in a corporation established by or under any Central Act or a Government company owned or controlled by the Central Government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations:

    Provided that, from amongst the Central Vigilance Commissioner and the Vigilance Commissioners, not more than two persons shall belong to the category of persons referred to either in clause (a) or clause (b):

    (4) The Central Government shall appoint a Secretary to the Commission on such terms and conditions as it deems fit to exercise such powers and discharge such duties as the Commission may by regulations specify in this behalf.

    (5) The Central Vigilance Commissioner, the other Vigilance Commissioners and the Secretary to the Commission appointed under the Central Vigilance Commission Ordinance, 1999 or the Resolution of the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD. III, dated the 4th April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 shall be deemed to have been appointed under this Act on the same terms and conditions including the term of office subject to which they were so appointed under the said Ordinance or the Resolution, as the case may be.

    Explanation.—For the purposes of this sub-section, the expression “term of office” shall be construed as the term of office with effect from the date the Central Vigilance Commissioner or any Vigilance Commissioner has entered upon his office and continued as such under this Act.

    (6) The headquarters of the Commission shall be at New Delhi.

    4. Appointment of Central Vigilance Commissioner and Vigilance Commissioners.- (1) The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President by warrant under his hand and seal:

    Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of-

    (a) the Prime Minister - Chairperson; 

    (b) the Minister of Home Affairs - Member; 

    (c) the Leader of the Opposition in the House of the People - Member.

    Explanation.-For the purposes of this sub-section, "the Leader of the Opposition in the House of the People" shall, when no such Leader has been so recognized, include the Leader of the single largest group in opposition of the Government in the House of the People. 

    (2) No appointment of a Central Vigilance Commissioner or a Vigilance Commissioner shall be invalid merely by reason of any vacancy in the Committee. 

    CHAPTER III : FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION

    8. Functions and powers of Central Vigilance Commission.- (1) The functions and powers of the Commission shall be to—

    (a) exercise superintendence over the functioning of the Delhi Special Police Establishment in so far as it relates to the investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988 or an offence with which a public servant specified in sub-section (2) may, under the Code of Criminal Procedure, 1973, be charged at the same trial;

    (b) give directions to the Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under sub-section (1) of section 4 of the Delhi Special Police Establishment Act, 1946:

    Provided that while exercising the powers of superintendence under clause (a) or giving directions under this clause, the Commission shall not exercise powers in such a manner so as to require the Delhi Special Police Establishment to investigate or dispose of any case in a particular manner;

    (c) inquire or cause an inquiry or investigation to be made on a reference made by the Central Government wherein it is alleged that a public servant being an employee of the Central Government or a corporation established by or under any Central Act, Government company, society and any local authority owned or controlled by that Government, has committed an offence under the Prevention of Corruption Act, 1988 or an offence with which a public servant may, under the Code of Criminal Procedure, 1973, be charged at the same trial;

    (d) inquire or cause an inquiry or investigation to be made into any complaint against any official belonging to such category of officials specified in sub-section (2) wherein it is alleged that he has committed an offence under the Prevention of Corruption Act, 1988 and an offence with which a public servant specified in subsection (2) may, under the Code of Criminal Procedure, 1973, be charged at the same trial;

    (e) review the progress of investigations conducted by the Delhi Special Police Establishment into offences alleged to have been committed under the Prevention of Corruption Act, 1988 or the public servant may, under the Code of Criminal Procedure, 1973, be charged at the same trial;

    (f) review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988;

    (g) tender advice to the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government on such matters as may be referred to it by that Government, said Government companies, societies and local authorities owned or controlled by the Central Government or otherwise;

    (h) exercise superintendence over the vigilance administration of the various Ministries of the Central Government or corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government:

    Provided that nothing contained in this clause shall be deemed to authorize the Commission to exercise superintendence over the Vigilance administration in a manner not consistent with the directions relating to vigilance matters issued by the Government and to confer power upon the Commission to issue directions relating to any policy matters;

    (2) The persons referred to in clause (d) of sub-section (1) are as follows:—

    (a) members of All-India Services serving in connection with the affairs of the Union and Group ‘A’ officers of the Central Government;

    (b) such level of officers of the corporations established by or under any Central Act, Government companies, societies and other local authorities, owned or controlled by the Central Government, as that Government may, by notification in the Official Gazette, specify in this behalf:

    Provided that till such time a notification is issued under this clause, all officers of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred to in clause (d) of sub-section (1).

    9. Proceedings of Commission.-(1) The proceedings of the Commission shall be conducted at its headquarters.

    (2) The Commission may, by unanimous decision, regulate the procedure for transaction of its business as also allocation of its business amongst the Central Vigilance Commissioner and other Vigilance Commissioners. 

    (3) Save as provided in sub-section (2), all business of the Commission shall, as far as possible, be transacted unanimously. 

    (4) Subject to the provisions of sub-section (3), if the Central Vigilance Commissioner and other Vigilance Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority. 

    (5) The Central Vigilance Commissioner, or, if for any reason he is unable to attend any meeting of the Commission, the senior-most Vigilance Commissioner present at the meeting, shall preside at the meeting. 

    (6) No act or proceeding of the Commission shall be invalid merely by reason of- 

    (a) any vacancy in, or any defect in the constitution of, the Commission; or 

    (b) any defect in the appointment of a person acting as the Central Vigilance Commissioner or as a Vigilance Commissioner; or 

    (c) any irregularity in the procedure of the Commission not affecting the merits of the case. 

    11. Power relating to inquiries.-The Commission shall, while conducting any inquiry referred to in clauses (b) and (c) of sub-section (1) of section 8, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and in particular, in respect of the following matters, namely:-

    (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

    (b) requiring the discovery and production of any document;

    (c) receiving evidence on affidavits; 

    (d) requisitioning any public record or copy thereof from any court or office; 

    (e) issuing commissions for the examination of witnesses or other documents; and

    (f) any other matter which may be prescribed.

    12. Proceedings before Commission to be judicial proceedings.-The Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974) and every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code (45 of 1860).

    CHAPTER IV : EXPENSES AND ANNUAL REPORT

    14. Annual report.- (1) It shall be the duty of the Commission to present annually to the President a report as to the work done by the Commission within six months of the close of the year under report.

    (2) The report referred to in sub-section (1) shall contain a separate part on the functioning of the Delhi Special Police Establishment in so far as it relates to sub-section (1) of section 4 of the Delhi Special Police Establishment Act, 1946 (25 of 1946). 

    (3) On receipt of such report, the President shall cause the same to be laid before each House of Parliament.

    CHAPTER V : MISCELLANEOUS

    17. Report of any inquiry made on reference by Commission to be forwarded to that Commission.- (1) The report of the inquiry undertaken by any agency on a reference made by the Commission shall be forwarded to the Commission.

    (2) The Commission shall, on receipt of such report and after taking into consideration any other factors relevant thereto, advise the Central Government and corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government, as the case may be, as to the further course of action. 

    (3) The Central Government and the corporations established by or under any Central Act, Government companies, societies and other local authorities owned or controlled by that Government, as the case may be, shall consider the advice of the Commission and take appropriate action: 

    Provided that where the Central Government, any corporation established by or under any Central Act, Government company, society or local authority owned or controlled by the Central Government, as the case may be, does not agree with the advice of the Commission, it shall, for reasons to be recorded in writing, communicate the same to the Commission.

    18. Power to call for information.-The Commission may call for reports, returns and statements from the Central Government or corporations established by or under any Central Act, Government companies, societies and other local authorities owned or controlled by that Government so as to enable it to exercise general supervision over the vigilance and anti-corruption work in that Government and in the said corporations, Government companies, societies and local authorities.

    19. Consultation with Commission in certain matters.-The Central Government shall, in making any rules or regulations governing the vigilance or disciplinary matters relating to persons appointed to public services and posts in connection with the affairs of the Union or to members of the All-India Services, consult the Commission.

    20. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act.

    (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 number of members of the staff and their conditions of service under section 7; 

    (b) any other power of the civil court to be prescribed under clause (f) of section 11; and

    (c) any other matter which is required to be, or may be, prescribed.

    22. Notification, rule, etc., to be laid before Parliament.- Every notification issued under clause (b) of sub-section (2) of section 8 and every rule made by the Central Government and every regulation made by the Commission under this Act shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or the rule or the regulation, or both Houses agree that the notification or the rule or the regulation should not be made, the notification or the rule or the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule or regulation.

    24. Provisions relating to existing Vigilance Commission.- With effect from the constitution of the Commission under sub-section (1) of section 3, the Central Vigilance Commission set up by Resolution of Government of India in the Ministry of Home Affairs No. 24/7/64-ADV, dated 11th February, 1964 (hereinafter referred to in this section as the existing Vigilance Commission) shall, in so far as its functions are not inconsistent with the provisions of this Act, continue to discharge the said functions and-

    (a) all actions and decisions taken by the Vigilance Commission insofar as such actions and decisions are relatable to the functions of the Commission constituted under this Act shall be deemed to have been taken by the Commission;

    (b) all proceedings pending before the Vigilance Commission, insofar as such proceedings relate to the functions of the Commission, shall be deemed to be transferred to the Commission and shall be dealt with in accordance with the provisions of this Act;

    (c) the employees of the Vigilance Commission shall be deemed to have become the employees of the Commission on the same terms and conditions;

    (d) all the assets and liabilities of the Vigilance Commission shall be transferred to the Commission.

    25. Appointments, etc., of officers of Directorate of Enforcement.-Notwithstanding anything contained in the Foreign Exchange Management Act, 1999 (42 of 1999) or any other law for the time being in force,-

    (a) the Central Government shall appoint a Director of Enforcement in the Directorate of Enforcement in the Ministry of Finance on the recommendation of the Committee consisting of- 

    (i) the Central Vigilance Commissioner - Chairperson; 

    (ii) Vigilance Commissioners - Members; 

    (iii) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the Central Government - Member; 

    (iv) Secretary to the Government of India in-charge of the Ministry of Personnel in the Central Government - Member; 

    (v) Secretary to the Government of India in-charge of the Department of Revenue, Ministry of Finance in the Central Government - Member;

    (b) while making a recommendation, the Committee shall take into consideration the integrity and experience of the officers eligible for appointment; 

    (c) no person below the rank of Additional Secretary to the Government of India shall be eligible for appointment as a Director of Enforcement; 

    (d) a Director of Enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office; 

    (e) a Director of Enforcement shall not be transferred except with the previous consent of the Committee referred to in clause (a); 

    (f) the Committee referred to in clause (a) shall, in consultation with the Director of Enforcement, recommend officers for appointment to the posts above the level of the Deputy Director of Enforcement and also recommend the extension or curtailment of the tenure of such officers in the Directorate of Enforcement; 

    (g) on receipt of the recommendation under clause (f), the Central Government shall pass such orders as it thinks fit to give effect to the said recommendation.

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