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Act45
Enacted 2003

The Central Vigilance Commission Act, 2003

In force 30 sections Personnel, Public Grievances and Pensions

An Act to provide for the constitution of a Central Vigilance Commission to inquire or cause inquiries to be conducted into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government and for matters connected therewith or incidental thereto.

Act 45 of 2003 Enacted 11 Sep 2003 In force 11 Sep 2003 Department Department of Personnel and Training

Administered by. Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training · Other Acts of 2003

Preamble

THE CENTRAL VIGILANCE COMMISSION ACT, 2003

ACT NO. 45 OF 2003

[11th September, 2003.] 1An Act to provide for the constitution of a Central Vigilance Commission to inquire or cause inquiries to be conducted into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:--

What this Act covers

Summary of the Central Vigilance Commission Act, 2003

Key Provisions

1. Establishment & Governance

• Central Vigilance Commission (CVC): Constituted under Section 3, led by a Central Vigilance Commissioner and up to two Vigilance Commissioners, appointed by the President on a committee's recommendation.

• Tenure & Eligibility: 4-year term or until 65, with backgrounds emphasizing vigilance, administration, finance, law, etc.

2. Core Responsibilities & Authorities

• Oversight Responsibilities: - Supervision over the Delhi Special Police Establishment (DSPE) in corruption cases.

• Vigilance administration oversight in Central Ministries and Government entities.

• Investigative Powers: - Authority to direct DSPE investigations.

• Inquiry into corruption allegations against high-ranking public servants.

• Advisory & Review Roles: Review of investigation progress.

• Civil court powers during inquiries for evidence and testimony.

3. Operational Safeguards & Protections

• Appointment Integrity:

• Committee-driven appointments for key enforcement and DSPE positions ensuring experience and integrity.

• Good Faith Protection:

• Actions taken in good faith under the Act or its rules/orders are protected.

• Members and officers are deemed public servants under the Indian Penal Code for legal protection.

4. Legislative Framework & Accountability

• Rule Making Authority: Empowerment of the Central Government to create rules for operationalizing the Act.

• Parliamentary scrutiny and potential amendment/annulment of rules.

• Transparency & Oversight: Mandatory laying of orders and rules before Parliament.

5. Administrative & Judicial Provisions

• Financial & Reporting: Expenses are borne by the Consolidated Fund of India.

• Annual reporting to the President, subsequently tabled in Parliament.

Sections

Type to filter. 30 sections.

  1. 1Short title
  2. 2Definitions
  3. 3Constitution of Central Vigilance Commission
  4. 4Appointment of Central Vigilance Commissioner and Vigilance Commissioners
  5. 5Terms and other conditions of service of Central Vigilance Commissioner
  6. 6Removal of Central Vigilance Commissioner and Vigilance Commissioner
  7. 7Power to make rules by Central Government for staff
  8. 8Functions and powers of Central Vigilance Commission
  9. 8AAction on preliminary inquiry in relation to public servants
  10. 8BAction on investigation in relation to public servants
  11. 9Proceedings of Commission
  12. 10Vigilance Commissioner to act as Central Vigilance Commissioner in certain circumstances
  13. 11Power relating to inquiries
  14. 11ADirector of Inquiry for making preliminary inquiry
  15. 12Proceedings before Commission to be judicial proceedings
  16. 13Expenses of Commission to be charged on the Consolidated Fund of India
  17. 14Annual report
  18. 15Protection of action taken in good faith
  19. 16Central Vigilance Commissioner, Vigilance Commissioner and staff to be public servants
  20. 17Report of any inquiry made on reference by Commission to be forwarded to that Commission
  21. 18Power to call for information
  22. 19Consultation with Commission in certain matters
  23. 20Power to make rules
  24. 21Power to make regulations
  25. 22Notification, rule, etc., to be laid before Parliament
  26. 23Power to remove difficulties
  27. 24Provisions relating to existing Vigilance Commission
  28. 25Appointments, etc., of officers of Directorate of Enforcement
  29. 26Amendment of Act 25 of 1946
  30. 27Repeal and saving

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Amending Acts

1 Act amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Central Vigilance Commission (Amendment) Act, 202145 of 2021

Rules made under this Act

9 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Central Vigilance Commission (Director post) Recruitment Rules, 20212021
  • Central Vigilance Commission (Duties and Powers of Secretary) Regulations, 20212021
  • Central Vigilance Commission (Procedure for Dealing with Complaints and Procedure of Inquiry) Regulations, 20212021
  • Central Vigilance Commission (Procedure for Transaction and Allocation of Business) Regulations, 20212021
  • Central Vigilance Commission (Senior Principal Private Secretary) Recruitment Rules, 20212021
  • Central Vigilance Commission Group 'C' Posts Recruitment Rules, 20192019
  • Central Vigilance Commission (Staff) Amendment Rules, 20172017
  • Central Vigilance Commission (Staff) Rules, 20072007
  • Central Vigilance Commission (Removal of Difficulties)Order, 20042004

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

  • The Central Vigilance Commission (Amendment) Ordinance, 2021amended this Act · 2021

All Ordinances

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 30 sections of this Act has its own page. This page is not a substitute for legal advice.