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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