CVC is conceived to be the apex
vigilance institution, free of control from any executive authority, monitoring all
vigilance activity under the Central Government and advising various authorities in
Central Government organizations in planning, executing, reviewing and reforming their
vigilance work.
Consequent upon promulgation of an Ordinance by the President, the Central Vigilance Commission has been made a multi member Commission with
"statutory status" with effect from 25th August,1998. The Commission shall
consist of-
(a) a Central Vigilance Commissioner - Chairperson;
(b) not more than four Vigilance Commissioners - Members;
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3. What is the present status of the Central Vigilance Commission?
Arising
out of the case of Vineet Narain vs. Union of India , the Supreme court had directed
the Central Government to confer statutory status to Central Vigilance Commission , which
was hitherto an advisory body, and also made it responsible for effective supervision of
the functioning of CBI.
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4. What
is the Organisational set up of the Central Vigilance Commission?
Organisational set-up
The Central Vigilance Commission has its
own Secretariat, Chief Technical Examiners' Wing (CTE) and a wing of Commissioners for
Departmental Inquiries (CDI).
The Secretariat
The Secretariat consists of a Secretary of
the rank of Additional Secretary to the GOI, one officer of the rank of Joint Secretary to
the GOI, ten officers of the rank of Director/Deputy Secretary, four Under Secretaries and
office staff.
Chief
Technical Examiners' Wing (CTE)
The Chief Technical Examiner's
Organisation constitutes the technical wing of the Central Vigilance Commission (India)
and is manned by two Engineers of the rank of Chief Engineers(designated as Chief
Technical Examiners) with supporting engineering staff. The main functions assigned to
this organisation are:
Technical audit of construction works of
Governmental organisations
from a vigilance angle;
Investigation of specific cases of
complaints relating to construction works;
Extension of assistance to CBI in their
investigations involving technical matters and for evaluation of properties in Delhi; and
Tendering of advice/assistance to the
Commission and Chief Vigilance Officers in vigilance cases involving technical matters.
Commissioners for Departmental
Inquiries (CDIs)
There are fifteen posts of
Commissioners for Departmental Inquiries (CDI) in the Commission, 14 in the rank of Deputy
Secretaries/Directors and one in the rank of Joint Secretary to Government of India. The
CDIs function as Inquiry Officers to conduct Oral inquiries in departmental proceeding
initiated against public servants.
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5. Who is the Head of the CVC and Why is it called Central Vigilance Commission?
The Central Vigilance Commissioner, who is
of the rank of Chairman, Union Public Service Commission, heads the
CVC.
Because, the jurisdiction of the Central
Vigilance Commission extends to all Central Government Departments, Central Government
Companies including nationalised Banks and Central Government Organisations.
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6. Is there any such body in every State of India?
Yes, in every State of India, there
is either a State Vigilance Commission or Lok Ayukta which is looking after the vigilance
matters of the State Governments.
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7. Which Ministry/Department controls the CVC?
The CVC is not controlled by any
Ministry/Department. It is an independent body which is only responsible for the
Parliament.
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8.
What are the Powers and Functions of the Central Vigilance Commission?
(a) Powers and Functions as per the CVC
Ordinance1998, which was in existence till 7th January 1999.
CHAPTER III
FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION
8. (1) The functions and powers of the
Commission shall be to-
(a) exercise superintendence over the
functioning of the Delhi Special Police Establishment insofar as it relates to the
investigation of offences alleged to have been committed under the Prevention of
Corruption Act, 1988;
(b) inquire or cause an inquiry or
investigation to be made on a reference made by the Central Government wherein it is
alleged that a public servant being an employee of the Central Government or a corporation
established by or under any Central Act, Government company, society and any local
authority owned or controlled by that Government, has committed an offence under the
Prevention of Corruption Act, 1988;
(c) inquire or cause an inquiry or
investigation to be made into any complaint against any official belonging to such
category of officials specified in sub-section (2) wherein it is alleged that he has
committed an offence under the Prevention of Corruption Act, 1988;
(d) grant approval or otherwise for the
conduct of investigation into allegations of corruption under the Prevention of Corruption
Act, 1988 against the persons mentioned in section 6A of the Delhi Special Police
Establishment Act,1946 in accordance with the regulations made in this behalf;
(e) review the progress of investigations
conducted by the Delhi Special Police Establishment into offences alleged to have been
committed under the Prevention of Corruption Act, 1988;
(f) review the progress of applications
pending with the competent authorities for sanction of prosecution under the Prevention of
Corruption Act, 1988;
(g) tender advice to the Central
Government, corporations established by or under any Central Act, Government companies,
societies and local authorities owned or controlled by the Central Government on such
matters as may be referred to it by that Government, said Government companies, societies
and local authorities owned or controlled by the Central Government or otherwise;
(h) exercise superintendence over the
vigilance administration of the various Ministries of the Central Government or
corporations established by or under any Central Act, Government companies, societies and
local authorities owned or controlled by that Government.
(2) The persons referred to in clause (c)
of sub-section (1) are as follows:-
(a) Group `A’ officers of the Central
Government;
(b) such level of officers of the
corporations established by or under any Central Act, Government companies, societies and
other local authorities, owned or controlled by the Central Government, as that Government
may, by notification in the Official Gazette, specify in this behalf:
Provided that till such time a notification
is issued under this clause, all officers of the said corporations, companies, societies
and local authorities shall be deemed to be the persons referred to in clause (c) of
sub-section (1).
9. (1) The proceedings of the Commission shall be conducted at its
headquarters.
(2) The Commission shall observe such rules
of procedure in regard to the transaction of the business as may be provided by
regulations.
(3) The Central Vigilance Commissioner, or,
if for any reason he is unable to attend any meeting of the Commission, the seniormost
Vigilance Commissioner present at the meeting, shall preside at the meeting.
(4) 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. (1) In the event of the occurrence of
any vacancy in the office of the Central Vigilance Commissioner by reason of his death,
registration 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, authorise 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.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 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 documents; or
(f) any other matter which may be
prescribed.
12.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 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.
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(b) Powers
and Functions as per the CVC Ordinance1999, lapsed on
4th April, 1999
Chapter III
Functions and powers of the Central
Vigilance Commission
8. (1) The Function and powers of the commission shall be
to----
(a) exercise superintendence over the functioning of the
Delhi Special police Establishment insofar as it relates to the investigation of offences
alleged to have been committed under the Prevention of Corruption Act, 1988;
(b) inquire or cause an inquiry or investigation to be made
on a reference made by the Central Government wherein it is alleged that a public servant
being an employee of the Central Government or a corporation established by or under any
central act , Government company, society and any local authority owned or controlled by
that Government , has committed an offence under the Prevention of Corruption Act,1988;
(c) inquire or cause an inquiry or investigation to be made
into any complaint against any official belonging to such category of officials specified
in sub-section (2) wherein it is alleged that he has committed an offence under the
Prevention of Corruption Act,1988;
(d) review the progress of investigations conducted by the
Delhi Special Police Establishment into offences alleged to have been committed under the
Prevention of Corruption Act,1988;
(e) review the progress of applications pending with the
competent authorities for sanction of prosecution under the Prevention of Corruption
Act,1988;
(f) tender advice to the Central Government , corporations
established by or under any Central Act , Government companies, societies and local
authorities owned or controlled by the Central Government on such matters as may be
referred to it by that Government , said Government companies ,societies, local
authorities owned or controlled by the Central Government or otherwise;
(g) exercise superintendence over the vigilance
administration of the various Ministries of the Central Government or corporations
established by or under any Central act, Government companies, societies and local
authorities owned or controlled by that Government .
(2) The persons referred to in clause (c ) of subsection(1)
are as follows:-
(a) Group 'A' officers of the Central Government ;
(b) such level of officers of the corporations established
by or under any Central Act, Government companies, societies and other local authorities ,
owned or controlled by the Central Government , as that Government may, by notification of
the Official Gazette, specify in this behalf;
Provided that till such time a notification is issued under
this clause, all officers of the said corporations ,companies, societies and local
authorities shall be deemed to be persons referred to in clause (c) of subsection(1).
9. (1) The proceedings of the Commission shall
be conducted at its headquarters.
(2) The Commission shall
observe such rules of procedure in regard to the transaction of the business as may be
provided by regulations.
(3) The Central Vigilance Commissioner ,
or ,if for any reason he is unable to attend any meeting of the Commission , the
seniormost Vigilance Commissioner present at the meeting , shall preside at the meeting.
(4) 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
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. (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
oitherwise, the President may, by notification , authorise one of the Vigilance
Commissioner 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 Commissioner as the President may , by notification , authorise
in this behalf, shall discharge the functions of the Central Vigilance Commissioner until
the date on which Central Vigilance Commissioner resumes his duties.
11. The Commission shall , while
conducting any inquiry referred to in clause (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
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) requistioning any public record or copy thereof from
any court or office;
(e) issuing commissions for the examinations of witnesses
or documents; and
(f) any other matter which may be prescribed.
12. The Commission shall be deemed to be a civil
court for the purpose of section 195 of chapter XXVI of the Code of Criminal Procedure,
1973 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 purpose of section 196
of the Indian Penal Code.
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(c) Powers and Functions as
per the CVC Resolution, in force now.
The Central Vigilance
Commission shall have the following functions and powers, namely.-
(i) To inquire or cause an inquiry or
investigation to be made on a reference made by the central Government wherein it is
alleged that a public servant being an employee of the Central Government or a corporation
,established by or under any Central Act. Government company, society and any local
authority owned or controlled by that Government, has committed an Offence under the
Prevention of Corruption Act- 1988.
(ii) To cause an inquiry or investigation
to be made into any complaint against any official belonging to the, following category of
officials, namely:-
(a) Group 'A' Officers of the Central Government;
(b) such level of officers of the Corporations established
by or under any Central Act,
Government companies, societies and other local
authorities, owned or controlled by the Central Government, as that Government
may, by notification in the Official Gazette, specify in this behalf,
wherein it is alleged that such official has committed an
offence under the Prevention of Corruption Act, 1988;
(iii) review the progress of applications
pending with the competent authorities for sanction of prosecution under the Prevention of
Corruption Act 1988;
(iv) tender advice to the Central
Government, corporations established by or under any Central Act, Government companies,
societies and local authorities owned or controlled by the Central Government on such
matters as may be referred to it by that Government, said Government companies, societies
and local authorities owned or controlled by the Central Government or otherwise;
(v) exercise superintendence over the vigilance
administration of the various Ministries of the Central Government or corporations
established by or under any Central Act,Government companies, societies and local
authorities owned or controlled by that Government.
4. The proceedings of the Commission shall be conducted at
its present headquarters.
5 . The Commission shall observe such rules of procedure
and the principles of the natural justice in regard to transaction of its business.
6. 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.
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9. What is the importance of the CVC's
Annual Report?
The Annual Report of the CVC not only gives
the details of the work done by it but also brings out the system failures which leads to
corruption in various Departments/Organisations, system improvements, various preventive
measures and cases in which the Commission's advises were ignored etc.
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10. Can the CVC investigate a case against anybody?
Firstly, the CVC is not an investigating
agency. The CVC either get the investigation done through the CBI or through the
Departmental Chief Vigilance Officers. Secondly, the CVC orders investigation in to cases
of officials of Central Government Departments/Companies/Organisations only.
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11. Is the CVC empowered to enquire into the corruption cases?
The Commission is empowered to enquire or
cause inquiries to be conducted in to offences alleged to have been committed under the
Prevention of Corruption Act, 1988 by certain categories of public servants. The following
categories of public servants are within the advisory jurisdiction of the Commission
(a) Group "A" officers
of the Central Government
(b) such level of officers of the
corporations established by or under any Central Act, Government companies, societies and
other local authorities, owned or controlled by the Central Government, as that Government
may, by notification in the Official Gazette, specify in this behalf;
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