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CENTRAL VIGILANCE COMMISSION ACT 2003

[11th September, 2003.]

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

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

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.

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

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.

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.

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.

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

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.

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

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.

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).

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.

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.

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.

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.

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.

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.

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.

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).".