Central Government Act
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:-
PRELIMINARY
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
4./a>
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.- 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.
CHAPTER III
FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE 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.
(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.- 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.
(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.
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