Central Vigilance Commission

 

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ACQUAINTANCE WITH CVC
Frequently asked questions

1. When and why did the Government set up the CVC?
2. What is the background of the CVC
?
3. What is the present status of the CVC?
4. What is the Organisational set up of the CVC?
5. Who is the Head of the CVC and why is it called the Central  Vigilance Commission?
6. Is there any such body in every State of India?
7. Which Ministry/Department controls the CVC?
8. What are the Powers and Functions of the CVC?  

(a) Powers and Functions as per the CVC Ordinance1998,  which was in   existence till 7th January 1999.
(b) Powers and Functions as per the CVC Ordinance1999,  lapsed on 4th April, 1999.
(c) Powers and Functions as per the CVC Resolution,  in force now.

9. What is the importance of the CVC's Annual Report?
10. Can the CVC investigate a case against anybody?
11. Is the CVC empowered to enquire into the corruption cases?

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1. When and Why did the Government set up a body like CVC?

The Central Vigilance Commission was set up by the Government in February,1964 on the recommendations of the Committee on Prevention  of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance.

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2. What is the background of Central Vigilance Commission?


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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:

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 Ordinance1998which 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

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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;