THE CENTRAL VIGILANCE COMMISSION ACT, 2003
NO. 45 OF 2003
[11th September, 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:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title.
1. Short title.-This Act may be called the Central Vigilance Commission Act,
2003.
2.
Definitions.
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.
CHAP
THE CENTRAL VIGILANCE COMMISSION
CHAPTER II
THE CENTRAL VIGILANCE COMMISSION
4.
Appointment of Central Vigilance Commissioner and Vigilance Commissioners.
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.
7.
Power to make rules by Central Government for staff.
7. Power to make rules by Central Government for staff.-The Central Government
may, in consultation with the Commission, make rules with respect to the number
of members of the staff of the Commission and their conditions of service.
CHAP
FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION
CHAPTER III
FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION
9.
Proceedings of Commission.
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.
10.
Vigilance Commissioner to act as Central Vigilance Commissioner in certain
circumstances.
10. Vigilance Commissioner to act as Central Vigilance Commissioner in certain
circumstances.-(1) In the event of the occurrence of any vacancy in the office
of the Central Vigilance Commissioner by reason of his death, resignation or
otherwise, the President may, by notification, authorise one of the Vigilance
Commissioners to act as the Central Vigilance Commissioner until the
appointment of a new Central Vigilance Commissioner to fill such vacancy.
(2) When the Central Vigilance Commissioner is unable to discharge his
functions owing to absence on leave or otherwise, such one of the Vigilance
Commissioners as the President may, by notification, in this behalf, shall
discharge the functions of the Central Vigilance Commissioner until the date on
which the Central Vigilance Commissioner resumes his duties.
11.
Power relating to inquiries.
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.
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).
CHAP
EXPENSES AND ANNUAL REPORT
CHAPTER IV
EXPENSES AND ANNUAL REPORT
13.
Expenses of Commission to be charged on the Consolidated Fund of India.
13. Expenses of Commission to be charged on the Consolidated Fund of India.-The
expenses of the Commission, including any salaries, allowances and pensions
payable to or in respect of the Central Vigilance Commissioner, the Vigilance
Commissioners, Secretary and the staff of the Commission, shall be charged on
the Consolidated Fund of India.
14.
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.
CHAP
MISCELLANEOUS
CHAPTER V
MISCELLANEOUS
15.
Protection of action taken in good faith.
15. Protection of action taken in good faith.-No suit, prosecution or other
legal proceeding shall lie against the Commission, the Central Vigilance
Commissioner, any Vigilance Commissioner, the Secretary or against any staff of
the Commission in respect of anything which is in good faith done or intended
to be done under this Act.
16.
Central Vigilance Commissioner, Vigilance Commissioner and staff to be public
servants.
16. Central Vigilance Commissioner, Vigilance Commissioner and staff to be
public servants.-The Central Vigilance Commissioner, every Vigilance
Commissioner, the Secretary and every staff of the Commission shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
17.
Report of any inquiry made on reference by Commission to be forwarded to that
Commission.
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.
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.
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.
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.
21.
Power to make regulations.
21. Power to make regulations.-(1) The Commission may, with the previous
approval of the Central Government, by notification in the Official Gazette,
make regulations not inconsistent with this Act and the rules made thereunder
to provide for all matters for which provision is expedient for the purposes of
giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following matters,
namely:-
(a) the duties and the powers of the Secretary under sub-section (4) of section
3; and
(b) the procedure to be followed by the Commission under sub-section (2) of
section 9.
23.
Power to remove difficulties.
23. Power to remove difficulties.-(1) If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order, not
inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
25.
Appointments, etc., of officers of Directorate of Enforcement.
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.
26.
Amendment of Act 25 of 1946.
26. Amendment of Act 25 of 1946.-In the Delhi Special Police Establishment Act,
1946,-
(a) after section 1, the following section shall be inserted, namely:-
"1A. Interpretation section.-Words and expressions used herein and not defined
but defined in the Central Vigilance Commission Act, 2003, shall have the
meanings, respectively, assigned to them in that Act.";
(b) for section 4, the following sections shall be substituted, namely:-
"4. Superintendence and administration of Special Police Establishment.-(1) The
superintendence of the Delhi Special Police Establishment in so far as it
relates to investigation of offences alleged to have been committed under the
Prevention of Corruption Act, 1988 (49 of 1988), shall vest in the Commission.
(2) Save as otherwise provided in sub-section (1), the superintendence of the
said police establishment in all other matters shall vest in the Central
Government.
(3) The administration of the said police establishment shall vest in an
officer appointed in this behalf by the Central Government (hereinafter
referred to as the Director) who shall exercise in respect of that police
establishment such of the powers exercisable by an Inspector-General of Police
in respect of the police force in a State as the Central Government may specify
in this behalf.
4A. Committee for appointment of Director.-(1) The Central Government shall
appoint the Director on the recommendation of the Committee consisting of-
(a) the Central Vigilance Commissioner - Chairperson;
(b) Vigilance Commissioners - Members;
(c) Secretary to the Government of India in-charge of the Ministry of Home
Affairs in the Central Government - Member;
(d) Secretary (Coordination and Public Grievances) in the Cabinet Secretariat -
Member.
(2) While making any recommendation under sub-section (1), the Committee shall
take into consideration the views of the outgoing Director.
(3) The Committee shall recommend a panel of officers -
(a) on the basis of seniority, integrity and experience in the investigation of
anti-corruption cases; and
(b) chosen from amongst officers belonging to the Indian Police Service
constituted under the All-India Services Act, 1951 (61 of 1951).
for being considered for appointment as the Director.
4B. Terms and conditions of service of Director.-(1) The Director shall,
notwithstanding anything to the contrary contained in the rules relating to his
conditions of service, continue to hold office for a period of not less than
two years from the date on which he assumes office.
(2) The Director shall not be transferred except with the previous consent of
the Committee referred to in sub-section (1) of section 4A.
4C. Appointment for posts of Superintendent of Police and above, extension and
curtailment of their tenure, etc.-(1) The Committee referred to in section 4A
shall, after consulting the Director, recommend officers for appointment to the
posts of the level of Superintendent of Police and above and also recommend the
extension or curtailment of the tenure of such officers in the Delhi Special
Police Establishment.
(2) On receipt of the recommendation under sub-section (1), the Central
Government shall pass such orders as it thinks fit to give effect to the said
recommendation.";
(c) after section 6, the following section shall be inserted, namely:-
"6A. Approval of Central Government to conduct inquiry or investigation.-(1)
The Delhi Special Police Establishment shall not conduct any inquiry or
investigation into any offence alleged to have been committed under the
Prevention of Corruption Act, 1988 (49 of 1988) except with the previous
approval of the Central Government where such allegation relates to-
(a) the employees of the Central Government of the level of Joint Secretary and
above; and
(b) such officers as are appointed by the Central Government in corporations
established by or under any Central Act, Government companies, societies and
local authorities owned or controlled by that Government.
(2) Notwithstanding anything contained in sub-section (1), no such approval
shall be necessary for cases involving arrest of a person on the spot on the
charge of accepting or attempting to accept any gratification other than legal
remuneration referred to in clause (c) of the Explanation to section 7 of the
Prevention of Corruption Act, 1988 (49 of 1988).".
