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Report No. 161

Chapter III

Jurisdiction and Powers of the Central Vigilance Commission

14. Functions of the Central Vigilance Commission.-

(1) The jurisdiction and powers of the Central Vigilance Commission shall extend to matters to which the executive power of the Union of India extends.

(2) The Central Vigilance Commission shall have the power:

(a) to undertake an inquiry into any transaction in which a public servant is suspected or alleged to have acted for an improper purpose or in a corrupt manner or is alleged or suspected to be guilty of corruption;

(b) to cause an inquiry or investigation to be made into:

(i) any complaint that a public servant has exercised or refrained from exercising his powers for improper or corrupt purpose;

(ii) any complaint of corruption, misconduct lack of integrity or other kind of malpractice or misdemeanour on the part of a public servant including members of the All India Services even if such members are for the time being serving in connection with the affairs of a State Government;

(c) to call for reports/returns and statements from all Ministries/Departments/ corporate central undertakings so as to enable it to exercise a general check and supervision over the vigilance and anti-corruption work in the Ministries/ Departments /undertakings;

(d) to call for annual reports from the public servants containing full and proper disclosure of all the movable and immovable assets held by the public servant, and the members of his family including all and any receipts of any movable or immovable assets in any manner whatsoever and from any source whatsoever during the preceding year; to call for such other information from public servants as may be required in the interest of integrity of administration;

Explanation.-For the purposes of this clause, the expression "members of family" in relation to a public servant includes-

(i) the wife or husband, as the case may be, of the public servant, whether residing with the public servant or not but does not include a wife or husband, as the case may be, separated from the public servant by a decree or order of a competent Court;

(ii) son or daughter or step-son or step-daughter of the public servant and wholly dependent on him, but does not include step-child who is no longer in any way dependent on the public servant or of whose custody the public servant has been deprived by or under any law;

(iii) any other person related, whether by blood or marriage, to the public servant or to the public servant's wife or husband and wholly dependent on the public servant;

(e) to exercise general superintendence over the functioning of the CBI and to review the progress of all cases moved by the CBI for sanction of prosecution of public servants which are pending with the competent authorities, specially those in which sanction has been delayed or refused;

(f) to call for reports from the CBI about the cases taken up by it for investigation and with respect to the progress of investigations and the progress of cases in courts;

(g) to take over under its direct control such complaints, information or cases, as it may consider necessary for further action which may be either:

(a) to ask the CBI to register a regular case and investigate it; or

(b) to entrust the complaint, information or case for enquiry

(i) to the Central Bureau of Investigation and for further appropriate action; or

(ii) to refer the matter to the Ministry/Department/Undertaking concerned for appropriate action, as the case may be.

(h) to advise the Ministry of Home Affairs or other competent authority - after examining the cases and considering any comments received from the concerned Ministry/Department/undertaking - whether or not prosecution should be sanctioned or why the sanction should not be refused, as the case may be;

(i) to advise the Ministries/Departments/undertakings upon the appropriate action to be taken against a public servant who appears to the Commission to have exercised his powers for an improper or corrupt purpose and also to advise them upon the changes required in prevalent procedures and practices which afford scope for or facilitate corruption or misconduct;

(j) to initiate, at such intervals, as it considers suitable, review of procedures and practices of administration in so far as they relate to maintenance of integrity in administration;

(k) to collect such statistics and other information as may be necessary for appropriate and effective discharge of its functions;

(l) to call for information from the appropriate authorities about action taken on the recommendations made by the Commission;

(m) to direct the Commissioners for departmental enquiries to conduct oral enquiries on behalf of the departmental authorities and to require that the oral inquiry in any departmental proceedings (except in the case of minor charges) should be entrusted to one of the commissioners for departmental enquiries, to examine the reports submitted by the commissioners for departmental enquiries and advise the competent disciplinary authority on the further action to be taken or penalty to be imposed, as the case may be;

(n) to submit an annual report to the Parliament about the activities of the Commission during the preceding year pointing out in particular cases in which the recommendations of the Central Vigilance Commission have not been accepted or acted upon; such report shall contain a separate section setting out in detail the functioning of the Central Blireau of Investigation during the relevant year;

(o) to perform such other functions and duties and to exercise such other powers as may be conferred upon the Commission by rules made under the Act.



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