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Report No. 161

1. Title and Commencement.- (1) This Act shall be called the Delhi Special Police Establishment (Amendment) Act, 1998.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint provided that such date shall not be later than three months from the date on which the President of India grants assent.

2. Amendment of section 4 of Act 25 of 1946.-For section 4 of the principal Act, the following shall be substituted:

4. "Superintendence and administration of Special Police Establishment:-(1) The superintendence and the responsibility for the efficient functioning of the Delhi Special Police Establishment shall vest in the Central Vigilance Commission.

(2)(i) The Central Vigilance Commission shall review the progress of all cases moved by the Central Bureau of Investigation for sanction of prosecution of public servants which are pending with the competent authorities, specially those in which sanction has been delayed or refused;

(ii) The Delhi Special Police Establishment (CBI) shall submit reports, as and when called for by the Central Vigilance Commission, with respect to the cases taken up by it for investigation and with respect to the progress of investigations and the progress of cases in courts;

(iii) the Central Bureau of Investigation will forward to the Ministry of Home Affairs through the Central Vigilance Commission the final report in all cases investigated by the Bureau in which it considers that a prosecution should be launched, provided that sanction for such prosecution is required under any law to be issued in the name of the President; and the Bureau will simultaneously send a copy to the Ministry/Department/undertaking concerned for any comments which it may wish to forward to the Central Vigilance Commission;

(3) Notwithstanding anything contained in this section, the Central Government shall ultimately remain answerable for the functioning of the Central Bureau of Investigation (DSPE). In matters other than those specified in sub-sections (1) and (2) of this section, the power of superintendence over the Delhi Special Police Establishment shall continue to vest in the Central Government.

(4) The administration of the said police establishment shall vest in an officer appointed as Director of the Central Bureau of Investigation in this behalf by the Central Government who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector-General of Police in respect of the police force in a State, as the Central Government may specify in this behalf.

(5) Manner of appointment of the Director of the Central Bureau of Investigation.-(a) The Committee consisting of the Chief Vigilance Commissioner, Union Home Secretary and Secretary, DOPT in the Government of India, headed by the Chief Vigilance Commissioner, shall draw up a panel of IPS officers on the basis of their seniority, integrity, experience investigation and anti-corruption work and recommend a panel of three officers for appointment as Director.

(b) Before making its recommendation, the Committee shall take into consideration the views of the incumbent Director in the matter. If the Central Government does not find any one in the panel fit for appointment, it shall record its reasons therefor and call for a fresh panel from the aforesaid Committee.

(6) The Director, Central Bureau of Investigation, shall have a minimum term of two years regardless of the date of his superannuation, and shall not be transferred to or assigned any other job except with the approval of the Selection Committee referred to in sub-section (5).

(7) The Director, Central Bureau of Investigation shall also:

(i) allocate the work within the Bureau/establishment and constitute teams for carrying out investigation into various cases:

Provided that any change in the Head of an investigating team for the purpose of effective investigation can be effected by him only by an order in writing, after recording special reasons for such change; and

(ii) take such effective measures as may be required to ensure expeditious completion of investigation.

(8) The Joint Director of Central Bureau of Investigation or any officer above him shall also be appointed in accordance with the procedure prescribed in sub-section (5).

(9) The selection or extension of the tenure of officers (not including Joint Director and above) shall be made by a Board comprising Chief Vigilance Commissioner, Union Home Secretary and Secretary, (DOPT), Government of India. The Chief Vigilance Commissioner shall head the Board. The Board shall take into consideration the relevant information and material as may be placed before it by the Director, Central Bureau of Investigation."

3. After section 7 of the principal Act, the following sections shall be inserted, namely:-

"8. Over-riding Effect.- The provisions of this Act shall prevail notwithstanding anything to the contrary in any other law for the time being in force.

9. Secrecy of Information.- Any information obtained by the Director or other officers of the Delhi Special Police Establishment (Central Bureau of Investigation) or any of its employees in the course of or for the purposes of any inquiry or proceeding or investigation, and any evidence recorded or collected in connection therewith shall be treated as confidential, during the course of inquiry or proceeding or investigation."

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