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.
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.- 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 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.-
(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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