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Report No. 161

2. Amendment of section 4(1).- Sub-section (1) of section 4 of the principal Act shall be substituted with the following sub-sections (1) and (2) and the existing sub sections (2) and (3) shall be renumbered as sub-sections (3) and (4) respectively:

"(1)(a) The Director of Enforcement, who shall be in the rank of Additional Secretary/Special Secretary to the Government of India shall be appointed by the Central Government from out of a panel of three names recommended by a Selection Committee, which shall consist of the Chief Vigilance Commissioner, Union Home Secretary, Secretary, Department of Revenue and Secretary, DOPT of the Government of India. The Selection Committee shall be headed by the Chief Vigilance Commissioner:

(b) The Director of Enforcement shall be appointed for a minimum tenure of two years regardless of the date of his superannuation, and any transfer of the Director to any other post, before the expiry of his tenure, shall be effected only with the approval of the Selection Committee mentioned in clause (a).

(c) The appointment of a Special Director shall also be made in the manner prescribed in clause (a) of this sub-section and his minimum tenure on the post shall also be the same as in the case of the Director of Enforcement.

(2)(a) It shall be the duty of the Director of Enforcement to monitor the progress of all investigations and adjudications being handled by the Directorate and to take steps for their speedy and effective completion. He shall also monitor and guide all prosecutions launched by the Enforcement Directorate, subject, of course, to the overall supervision of the Secretary, Department of Revenue, Ministry of Finance, Government of India.

(b) The annual report of the Enforcement Directorate shall contain a full and clear account of the working of the Directorate."

We recommend accordingly.

Mr. Justice B.P. Jeevan Reddy (Retd.), Chairman.

Mr. Justice Leila Seth (Retd.), Member.

Dr. N.M. Ghatate, Member.

R.L. Meena, Member.

Dated: 13th August, 1998.

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