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(i) rejecting the application.
|
6. The Commission submits an annual report to the State
|
Government on the implementation of the provisions of this
|
Act. The State Government places this report before the
|
State Legislature.
|
7. When a public authority does not conform to the provisions
|
of this Act, the Commission may recommend (to the
|
authority) steps which ought to be taken for promoting such
|
conformity.
|
RTI AMENDMENT ACT, 2019
|
The various features or provisions of the Right to Information
|
(Amendment) Act, 2019 are as follows:
|
1. It provided that the Chief Information Commissioner and an
|
Information Commissioner shall hold office for such term as
|
prescribed by the Central Government. Before this
|
amendment, their term was fixed for 5 years.
|
2. It provided that the salary, allowances and other service
|
conditions of the Chief Information Commissioner and an
|
Information Commissioner shall be such as prescribed by
|
the Central Government. Before this amendment, the salary,
|
allowances and other service conditions of the Chief
|
Information Commissioner were similar to those of the Chief
|
Election Commissioner and that of an Information
|
Commissioner were similar to those of an Election
|
Commissioner.
|
3. It provided that the State Chief Information Commissioner
|
and a State Information Commissioner shall hold office for
|
such term as prescribed by the Central government. Before
|
this amendment, their term was fixed for 5 years.
|
4. It provided that the salary, allowances and other service
|
conditions of the State Chief Information Commissioner and
|
a State Information Commissioner shall be such as
|
prescribed by the Central Government. Before this
|
amendment, the salary, allowances and other service
|
conditions of the State Chief Information Commissioner were
|
similar to those of an Election Commissioner and that of a
|
State Information Commissioner were similar to those of the
|
Chief Secretary of the state government.
|
5. It removed the provisions regarding deductions in salary of
|
the Chief Information Commissioner, an Information
|
Commissioner, the State Chief Information Commissioner
|
and a State Information Commissioner due to pension or
|
NOTES AND REFERENCES
|
1. The number of State Information Commissioners varies
|
from one state to another state.
|
2. Where the Leader of Opposition in the Legislative
|
Assembly has not been recognized as such, the Leader
|
of the single largest group in opposition of the
|
Government in the Legislative Assembly shall be
|
deemed to be the Leader of the Opposition.
|
3. The State Information Commissioner is eligible for
|
appointment as State Chief Information Commissioner
|
but cannot hold office for more than a total of five years
|
including his term as State Information Commissioner.
|
4. He is deemed to be guilty of misbehaviour, if he is
|
concerned or interested in any contract or agreement
|
made by the State Government or participates in any
|
way in the profit of such contract or agreement or in any
|
benefit or emolument arising there from otherwise than
|
as a member and in common with the other members of
|
an incorporated company.
|
5. The Commission can impose a penalty on the Public
|
Information Officer at the rate of ₹250 per day up to a
|
59 Central Vigilance Commission
|
ESTABLISHMENT
|
The Central Vigilance Commission (CVC) is the main agency for
|
preventing corruption in the Central government. It was
|
established in 1964 by an executive resolution of the Central
|
government. Its establishment was recommended by the
|
Santhanam Committee on Prevention of Corruption1 (1962–64).
|
Thus, originally the CVC was neither a constitutional body nor a
|
statutory body. Later, in 2003, the Parliament enacted a law
|
conferring statutory status on the CVC2 .
|
In 2004, the CVC has been designated as the agency to
|
receive and act on complaints or disclosure on any allegation of
|
corruption or misuse of office from whistle blowers under the
|
“Public Interest Disclosure and Protection of Informers’
|
Resolution” (PIDPI), which is popularly known as “Whistle
|
Blowers” Resolution. The Commission is also empowered as the
|
only designated agency to take action against complainants
|
making motivated or vexatious complaints.2a
|
The 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
|
COMPOSITION
|
The CVC is a multi-member body consisting of a Central Vigilance
|
Commissioner (chairperson) and not more than two vigilance
|
commissioners. They are appointed by the president by warrant
|
under his hand and seal on the recommendation of a three-
|
member committee consisting of the prime minister as its head,
|
the Union minister of home affairs and the Leader of the
|
Opposition in the Lok Sabha. They hold office for a term of four
|
years or until they attain the age of sixty five years, whichever is
|
earlier. After their tenure, they are not eligible for further
|
employment under the Central or a state government.
|
The president can remove the Central Vigilance Commissioner
|
or any vigilance commissioner from the office under the following
|
circumstances:
|
(a) If he is adjudged an insolvent; or
|
(b) If he has been convicted of an offence which (in the opinion
|
of the Central government) involves a moral turpitude; or
|
(c) If he engages, during his term of office, in any paid
|
employment outside the duties of his office; or
|
(d) If he is (in the opinion of the president), unfit to continue in
|
office by reason of infirmity of mind or body; or
|
(e) If he has acquired such financial or other interest as is likely
|
to affect prejudicially his official functions.
|
In addition to these, the president can also remove the Central
|
Vigilance Commissioner or any vigilance commissioner on the
|
ground of proved misbehaviour or incapacity. However, in these
|
cases, the president has to refer the matter to the Supreme Court
|
for an enquiry. If the Supreme Court, after the enquiry, upholds the
|
cause of removal and advises so, then the president can remove
|
him. He is deemed to be guilty of misbehaviour, if he (a) is
|
concerned or interested in any contract or agreement made by the
|
Central government, or (b) participates in any way in the profit of
|
such contract or agreement or in any benefit or emolument arising
|
The salary, allowances and other conditions of service of the
|
Central Vigilance Commissioner are similar to those of the
|
Chairman of UPSC and that of the vigilance commissioner are
|
ORGANISATION
|
The CVC has its own Secretariat, Chief Technical Examiners’
|
Wing (CTE) and a wing of Commissioners for Departmental
|
Inquiries (CDIs).
|
Secretariat: The Secretariat consists of a Secretary, Joint
|
Secretaries, Deputy Secretaries, Under Secretaries and office
|
staff.
|
Chief Technical Examiners’ Wing: The Chief Technical
|
Examiners’ Organisation constitutes the technical wing of the
|
CVC. It consists of Chief Engineers (designated as Chief
|
Technical Examiners) and supporting engineering staff. The main
|
functions assigned to this organisation are as follows:
|
(i) Technical audit of construction works of Government
|
organisations from a vigilance angle
|
(ii) Investigation of specific cases of complaints relating to
|
construction works
|
(iii) Extension of assistance to CBI in their investigations involving
|
technical matters and for evaluation of properties in Delhi
|
(iv) Tendering of advice / assistance to the CVC and Chief
|
Vigilance Officers in vigilance cases involving technical
|
matters
|
Commissioners for Departmental Inquiries: The CDIs function
|
as Inquiry Officers to conduct oral inquiries in departmental
|
proceedings initiated against public servants.
|
FUNCTIONS
|
The functions of the CVC are:
|
1. To inquire or cause an inquiry or investigation to be
|
conducted on a reference made by the Central government
|
wherein it is alleged that a public servant being an employee
|
of the Central government or its authorities3 , has committed
|
an offence under the Prevention of Corruption Act, 1988.
|
2. To inquire or cause an inquiry or investigation to be
|
conducted into any complaint against any official belonging
|
to the below mentioned category of officials wherein it is
|
alleged that he has committed an offence under the
|
Prevention of Corruption Act, 1988:
|
(a) Members of all-India services4 serving in the Union and
|
Group ‘A’ officers of the Central government; and
|
(b) Specified level of officers of the authorities of the Central
|
government.
|
3. To exercise superintendence over the functioning of the
|
Delhi Special Police Establishment (CBI) insofar as it relates
|
to the investigation of offences under the Prevention of
|
Corruption Act, 1988.
|
4. To give directions to the Delhi Special Police Establishment
|
(CBI) for superintendence insofar as it relates to the
|
investigation of offences under the Prevention of Corruption
|
Act, 1988.
|
5. To 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.
|
6. To review the progress of applications pending with the
|
competent authorities for sanction of prosecution under the
|
Prevention of Corruption Act, 1988.
|
7. To tender advise to the Central government and its
|
authorities on such matters as are referred to it by them.
|
8. To exercise superintendence over the vigilance
|
administration in the ministries of the Central government or
|
its authorities.
|
9. To undertake or cause an inquiry into complaints received
|
under the Public Interest Disclosure and Protection of
|
Informers’ Resolution and recommend appropriate action.
|
10. The Central Government is required to consult the CVC in
|
making rules and regulations governing the vigilance and
|
disciplinary matters relating to the members of Central
|
Services and AllIndia Services.
|
11. The Central Vigilance Commissioner (CVC) is the
|
Chairperson and the two Vigilance Commissioners along
|
with Secretaries of M/o Home Affairs, D/o Personnel and
|
Training and the D/o Revenue in M/o Finance are the
|
Members of the Selection Committees, on whose
|
recommendation the Central Government appoints the
|
Director of Enforcement. Further, this Committee, in
|
consultation with the Director of Enforcement, recommends
|
officers for appointments to the posts above the level of
|
Deputy Director of Enforcement.
|
12. The Central Vigilance Commission has been notified as a
|
specific authority to receive information relating to suspicious
|
transactions under the Prevention of Money Laundering Act,
|
2002.
|
The Lokpal and Lokayuktas Act (2013) amended both the CVC
|
Act (2003) and the Delhi Special Police Establishment Act (1946)
|
and made the following changes with respect to the functions of
|
the CVC.4a
|
13. The Director of Prosecution under the Directorate of
|
Prosecution in CBI shall be appointed by the Central
|
Government on the recommendation of the Central Vigilance
|
Commission.
|
14. The Central Vigilance Commissioner (CVC) is the
|
Chairperson and the two Vigilance Commissioners alongwith
|
Secretaries of M/o Home Affairs and D/o Personnel and
|
Training are the Members of the Selection Committees, on
|
whose recommendation the Central Government appoints
|
officers to the posts of the level of SP and above in the CBI
|
except Director of CBI.
|
respect of officers and officials of Groups A, B, C & D, for
|
which a Directorate of Inquiry for making preliminary inquiry
|
is to be set up in the Commission. The preliminary inquiry
|
reports in such matters referred by Lokpal in respect of
|
Group A and B officers are required to be sent to the Lokpal
|
by the Commission. Further, as per mandate, the
|
Commission is to cause further investigation into such
|
Lokpal references in respect of Group C and D officials and
|
decide on further course of action against them.
|
JURISDICTION
|
The jurisdiction of the CVC extends to the following:
|
1. Members of All India Services serving in connection with the
|
affairs of the Union and Group A officers of the Central
|
Government.
|
2. Officers of the rank of Scale V and above in the Public
|
Sector Banks.
|
3. Officers in Grade D and above in Reserve Bank of India,
|
NABARD and SIDBI.
|
4. Chief Executives and Executives on the Board and other
|
officers of E-8 and above in Schedule ‘A’ and ‘B’ Public
|
Sector Undertakings.
|
5. Chief Executives and Executives on the Board and other
|
officers of E-7 and above in Schedule ‘C’ and ‘D’ Public
|
Sector Undertakings.
|
6. Managers and above in General Insurance Companies.
|
7. Senior Divisional Managers and above in Life Insurance
|
Corporation.
|
8. Officers drawing salary of ₹8700/- per month (pre-revised)
|
and above on Central Government D.A. pattern, as may be
|
revised from time to time, in societies and local authorities
|
WORKING
|
The CVC conducts its proceedings at its headquarters (New
|
Delhi). It is vested with the power to regulate its own procedure. It
|
has all the powers of a civil court and its proceedings have a
|
judicial character. It may call for information or report from the
|
Central government or its authorities so as to enable it to exercise
|
general supervision over the vigilance and anti-corruption work in
|
them.
|
The CVC, on receipt of the report of the inquiry undertaken by
|
any agency on a reference made by it, advises the Central
|
government or its authorities as to the further course of action.
|
The Central government or its authorities shall consider the advice
|
of the CVC and take appropriate action. However, where the
|
Central government or any of its authorities does not agree with
|
the advice of the CVC, it shall communicate the reasons (to be
|
recorded in writing) to the CVC.
|
The CVC has to present annually to the President a report on
|
its performance. The President places this report before each
|
VIGILANCE UNITS IN THE MINISTRIES
|
All ministries/departments in the Union Government have a Chief
|
Vigilance Officer (CVO) who heads the Vigilance Division of the
|
organisation concerned, assisting and advising the Secretary or
|
Head of Office in all matters pertaining to vigilance. He also
|
provides a link between his organisation and the Central Vigilance
|
Commission on the one hand and his organisation and the Central
|
Bureau of Investigation on the other. Vigilance functions
|
performed by the CVO include
|
(i) Collecting intelligence about corrupt practices of the
|
employees of his organisation
|
(ii) Investigating verifiable allegations reported to him
|
(iii) Processing investigation reports for further consideration of
|
the disciplinary authority concerned
|
(iv) Referring matters to the Central Vigilance Commission for
|
WHISTLE BLOWERS PROTECTION ACT (2014)
|
The salient features of the Whistle Blowers Protection Act (2014)6
|
are as follows7 :
|
1. The Act provides a mechanism for protecting the identity of
|
whistle blowers (a term given to people who expose
|
corruption). People who expose corruption in Government or
|
irregularities by public functionaries can now be free of any
|
fear of victimization.
|
2. The Act also provides for a system to encourage people to
|
disclose information about corruption or the wilful misuse of
|
power by public servants, including ministers.
|
3. As per the Act, a person can make a public interest
|
disclosure on corruption before a competent authority -
|
which is at present the Central Vigilance Commission (CVC).
|
The government, by notification, can appoint any other body
|
also for receiving such complaints about corruption.
|
4. The Act, however, lays down punishment of up to two years
|
in prison and a fine of up to ₹30,000 for false or frivolous
|
complaints.
|
5. The Act says that every disclosure shall be made in good
|
faith and the person making the disclosure shall provide a
|
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