The Central Vigilance Commission Act, 2003 (Bare Act)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: vi, 47 pSubject(s): Bare ActDDC classification: 342.54
Contents:
THE CENTRAL VIGILANCE COMMISSION ACT, 2003 • The Central Vigilance Commission Act, 2003 at A Glance . . . i Introduction 1 Sections CHAPTER I PRELIMINARY 1. Short title . . . 4 2. Definitions . . . 4 CHAPTER II THE CENTRAL VIGILANCE COMMISSION 3. Constitution of Central Vigilance Commission . . . 4 4. Appointment of Central Vigilarice Commissioner and Vigilance Commissioners . . . 5 5. Terms and other conditions of service of Central Vigilance Commissioner 6 6. Removal of Central Vigilance Commissioner and Vigilance Commissioner , 7 I 7. Power to make rules by Central Government for staff . . 8 CHAPTER III FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION 8. Fimctions and powers of Central Vigilance Commission . . 8 9. Proceedings of Commission . . . 10 10. Vigilance Commissioner to act as Central Vigilance Commissioner in certain circumstances . . . 10 11. Power relating to inquiries . . . 11 12. Proceedings before Commission to be judicial proceedings . . 11 CHAPTER IV EXPENSES AND ANNUAL REPORT 13. Expenses of Commission to be charged on the Consolidated Fund of India . . . 11 14. Annual report «r . . . 12 CHAPTER V MISCELLANEOUS 15. Protection of action taken in good faith . . . 12 Sections 16. Central Vigilance Commissioner, Vigilance Commissioner and staff to be public servants 17. Report of any inquiry made on reference by Commission to be forwarded to that Commission 18. Power to call for information 19. Consultation with Commission in certain matters 20. Power to make rules 21. Power to make regulations 22. Notification, rule, etc., to be laid-before Parliament . 23. Power to remove difficulties 24. Provisions relating to existing Vigilance Commission . 25. Appointments, etc., of officers of Directorate of Enforcement 26. Amendment of Act 25 of 1946 27. Repeal and saving THE SCHEDULE.— Form of Oath or Affirmation to be made by the Central Vigilance Commissioner or Vigilance Conunissioner / ALPHABETICAL LIST OF OTHER STATUTES REFERRED ^ THE PREVENTION OF CORRUPTION ACT, 1988 Introduction Sections I 1. Short title and extent 2. Definitions CHAPTER 1 PRELIMINARY CHAPTER II APPOINTMENT OF SPECIAL JUDGES 3. Power to appoint special Judges 4. Cases triable by special Judges 5. Procedure and powers of special Judge 6. Power to try summarily ¥ CHAPTER W OFFENCES AND PENALTIES 7. Public servant taking gratification other than legal remuneration in respect of an official act . . . 8. Taking gratification, in order, by corrupt or illegal means, to influence public servant . . . 26 9. Taking gratification, for exercise of personal influence with public servant . . . 26 10. Punishment for abetment by public servant of offences defined in section 8 or 9 . . . 26 11. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant 27 12. Punishment for abetment of offences defined in section 7 or 11 27 13. Criminal misconduct by a public servant . . . 27 14. Habitual committing of offence imder sections 8, 9 and 12 . 29 15. Punishment for attempt . . . 29 16. Matters to be taken into consideration for fixing fine. . 29 CHAPTER IV INVESTIGATION INTO CASES UNDER THE ACT 17. Persons authorised to investigate 18. Power to inspect bankers' books CHAPTER V SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS 19. Previous sanction necessary for prosecution . 20. Presumption where public servant accepts gratification other than legal remuneration . . . 21. Accused person to be a competent witness . 22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications 23. Particulars in a charge in relation to an offence under section 13(l)(c) 24. Statement by bribe giver not to subject him to prosecution 25. Military, Naval and Air Force or other law not to be affected. 26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act 27. Appeal and revision 28. Act to be in addition to any other law 29. Amendment of the Ordinance 38 of 1944 30. Repeal and saving 31. Omission of certain sections of Act 45 of 1860 THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 Introduction 1. Short title and extent A. Interpretation section 2. Constitution and powers of special police establishment 3. Offences to be investigated by special police establishment 4. Superintendence and administration of special police establishment 4A. ^.Committee for appointment of Director 4B. Terms and conditions of service of Director 4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of their tenure, etc. 5. Extension of powers and jurisdiction of special police establishment to other areas ' • • 6. Consent of State Government to exercise of powers and jurisdiction 6A. Approval of Central Government to conduct inquiry or investigation 7. [Repented] i TEXT OF PROVISIONS OF OTHER STATUTES REFERRED IN THE CENTRAL VIGILANCE COMMISSION ACT, 2003 (45 OF 2003) Code of Criminal Procedure, 1973 (Relevniit Provisions). Companies Act, 1956 (Relevant Provisions) Indian Penal Code (Relevant Provisions)
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THE CENTRAL VIGILANCE COMMISSION ACT, 2003
• The Central Vigilance Commission Act, 2003 at A Glance . . . i
Introduction 1
Sections
CHAPTER I
PRELIMINARY
1. Short title . . . 4
2. Definitions . . . 4
CHAPTER II
THE CENTRAL VIGILANCE COMMISSION
3. Constitution of Central Vigilance Commission . . . 4
4. Appointment of Central Vigilarice Commissioner and Vigilance Commissioners . . . 5
5. Terms and other conditions of service of Central Vigilance Commissioner 6
6. Removal of Central Vigilance Commissioner and Vigilance Commissioner , 7
I 7. Power to make rules by Central Government for staff . . 8
CHAPTER III
FUNCTIONS AND POWERS OF THE CENTRAL
VIGILANCE COMMISSION
8. Fimctions and powers of Central Vigilance Commission . . 8
9. Proceedings of Commission . . . 10
10. Vigilance Commissioner to act as Central Vigilance Commissioner
in certain circumstances . . . 10
11. Power relating to inquiries . . . 11
12. Proceedings before Commission to be judicial proceedings . . 11
CHAPTER IV
EXPENSES AND ANNUAL REPORT
13. Expenses of Commission to be charged on the Consolidated Fund of India . . . 11
14. Annual report «r . . . 12
CHAPTER V
MISCELLANEOUS
15. Protection of action taken in good faith . . . 12
Sections
16. Central Vigilance Commissioner, Vigilance Commissioner and staff to be public servants 17. Report of any inquiry made on reference by Commission to be forwarded to that Commission
18. Power to call for information
19. Consultation with Commission in certain matters
20. Power to make rules
21. Power to make regulations
22. Notification, rule, etc., to be laid-before Parliament .
23. Power to remove difficulties
24. Provisions relating to existing Vigilance Commission .
25. Appointments, etc., of officers of Directorate of Enforcement
26. Amendment of Act 25 of 1946
27. Repeal and saving
THE SCHEDULE.— Form of Oath or Affirmation to be made by the Central Vigilance Commissioner or Vigilance Conunissioner
/
ALPHABETICAL LIST OF OTHER STATUTES REFERRED ^
THE PREVENTION OF CORRUPTION ACT, 1988

Introduction
Sections
I
1. Short title and extent
2. Definitions
CHAPTER 1
PRELIMINARY

CHAPTER II
APPOINTMENT OF SPECIAL JUDGES
3. Power to appoint special Judges 4. Cases triable by special Judges 5. Procedure and powers of special Judge
6. Power to try summarily ¥
CHAPTER W
OFFENCES AND PENALTIES
7. Public servant taking gratification other than legal remuneration in respect of an official act . . .

8. Taking gratification, in order, by corrupt or illegal means, to influence public servant . . . 26
9. Taking gratification, for exercise of personal influence with public servant . . . 26
10. Punishment for abetment by public servant of offences defined in section 8 or 9 . . . 26
11. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant 27
12. Punishment for abetment of offences defined in section 7 or 11 27
13. Criminal misconduct by a public servant . . . 27
14. Habitual committing of offence imder sections 8, 9 and 12 . 29
15. Punishment for attempt . . . 29
16. Matters to be taken into consideration for fixing fine. . 29
CHAPTER IV
INVESTIGATION INTO CASES UNDER THE ACT
17. Persons authorised to investigate
18. Power to inspect bankers' books
CHAPTER V
SANCTION FOR PROSECUTION AND OTHER
MISCELLANEOUS PROVISIONS
19. Previous sanction necessary for prosecution .
20. Presumption where public servant accepts gratification other than legal remuneration . . .
21. Accused person to be a competent witness .
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications
23. Particulars in a charge in relation to an offence under section 13(l)(c)
24. Statement by bribe giver not to subject him to prosecution 25. Military, Naval and Air Force or other law not to be affected. 26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act
27. Appeal and revision
28. Act to be in addition to any other law
29. Amendment of the Ordinance 38 of 1944
30. Repeal and saving
31. Omission of certain sections of Act 45 of 1860

THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946
Introduction
1. Short title and extent
A. Interpretation section 2. Constitution and powers of special police establishment 3. Offences to be investigated by special police establishment 4. Superintendence and administration of special police establishment
4A. ^.Committee for appointment of Director
4B. Terms and conditions of service of Director 4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of their tenure, etc.
5. Extension of powers and jurisdiction of special police establishment to other areas ' • •
6. Consent of State Government to exercise of powers and jurisdiction 6A. Approval of Central Government to conduct inquiry or investigation
7. [Repented]
i
TEXT OF PROVISIONS OF OTHER STATUTES REFERRED IN THE CENTRAL VIGILANCE COMMISSION ACT, 2003 (45 OF 2003)
Code of Criminal Procedure, 1973 (Relevniit Provisions).
Companies Act, 1956 (Relevant Provisions)
Indian Penal Code (Relevant Provisions)

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