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Report No. 179

7.8 (b) 'Competent Authority': [proposed sec 2 (b)]

It becomes necessary to define the word 'Competent Authority' to whom the complaint can be made. In the Lok Pal and Lok Ayukta Bill of 1969 and other enactments in the States, the said word has been defined, as "in relation to public servant who is a Minister, the Prime Minister and in relation to others, such authority as may be prescribed"

It was decided to omit Prime Minister from the purview of the Act in view of the proposed Lok Pal Bill, 2001. On that analogy and having regard to the constitution of the Central Vigilance Commission under the Ordinance of 1999 which lapsed and which is being continued under the Resolution dated 4.4.1999 of the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), it is proposed that the Competent Authority in the case of Minister will be 'any Authority notified by the President in this behalf' and in the case of any other public servant, the "Central Vigilance Commissioner" as stated above.

'Competent Authority' is therefore proposed be defined as follows:

"Section 2(b): 'Competent Authority' in relation to

(i) a Minister, means any Authority notified by the President in this behalf;

(ii) any other public servant, means the Central Vigilance Commission constituted under the Central Vigilance Commission's Ordinance, 1999 which ceased to operate and continued under the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training Resolution No. 371/20/99- AVD dated the 4th April, 1999".



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