CHAPTER V
MISCELLANEOUS
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.-
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.-
(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.
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.-
(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.- 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 .- 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 ).".
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