powers and Functions of Centrl Vigilance Commission:

Q: What are the main purpose of establishing The Central Vigilance Commission Act, 2003

Ans: An Act to provide for he 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.

Q: What are the powers and functions of the Commission ?

Ans: FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION

Proceedings of Commission.

9. Proceedings of Commission.-(1) The proceedings of the Commission shall be conducted at its headquarters.

(2) The Commission may, by unanimous decision, regulate the procedure for transaction of its business as also allocation of its business amongst the Central Vigilance Commissioner and other Vigilance Commissioners.

(3) Save as provided in sub-section (2), all business of the Commission shall, as far as possible, be transacted unanimously.

(4) Subject to the provisions of sub-section (3), if the Central Vigilance Commissioner and other Vigilance Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.

(5) The Central Vigilance Commissioner, or, if for any reason he is unable to attend any meeting of the Commission, the senior-most Vigilance Commissioner present at the meeting, shall preside at the meeting.

(6) No act or proceeding of the Commission shall be invalid merely by reason of- (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person acting as the Central Vigilance Commissioner or as a Vigilance Commissioner; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case.

Vigilance Commissioner to act as Central Vigilance Commissioner in certain circumstances. 10. Vigilance Commissioner to act as Central Vigilance Commissioner in certain

circumstances.-(1) In the event of the occurrence of any vacancy in the office of the Central Vigilance Commissioner by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Vigilance Commissioners to act as the Central Vigilance Commissioner until the appointment of a new Central Vigilance Commissioner to fill such vacancy.

(2) When the Central Vigilance Commissioner is unable to discharge his functions owing to absence on leave or otherwise, such one of the Vigilance Commissioners as the President may, by notification, in this behalf, shall discharge the functions of the Central Vigilance Commissioner until the date on which the Central Vigilance Commissioner resumes his duties.

Power relating to inquiries. 11. Power relating to inquiries.-The Commission shall, while conducting any

inquiry referred to in clauses (b) and (c) of sub-section (1) of section 8, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and in particular, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or other documents; and (f) any other matter which may be prescribed.

Proceedings before Commission to be judicial proceedings. 12. Proceedings before Commission to be judicial proceedings.-The Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974) and every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code

Q: Is it competent for the State vigilance commission to investigate into charges of corruption into authority like the Indian Oil Company or the Bharat Sanchar Nigam Limited or the Nationalised Banks?

Ans: The Vigilance Commission has jurisdiction and powers throughout the State in respect of matters to which the executive power of the State extends, to check, prevent and eradicate corruption in the public services and to deal with any complaint, information or case that public servants, including members of All India Services, had exercised or refrained from exercising their powers, for improper or corrupt purposes and any complaint of corruption, misconduct, lack of integrity or other kinds of malpractices or misdemeanour on the part of the public servants. 

The Vigilance Commissioner is responsible for the proper performance of the duties and responsibilities assigned to the Commission from time to time and for generally co-ordinating the work and advising the Departments, Government Undertakings, Government Companies and such other Institutions as may be notified by the Government from time to time, in respect of all matters pertaining to the maintenance of integrity and impartiality in the administration.

the main function of cvc is to superintent over CBI AND OTHER CENTRAL INVESTIGATION AGENCIES BESIDES

(a) exercise superintendence over the functioning of the Delhi Special Police

Establishment in so far as it relates to the investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988 or an offence with which a public servant specified in sub-section (2) may, under the Code of Criminal Procedure, 1973, be charged at the same trial;

(b) give directions to the Delhi Special Police Establishment for the purpose of

discharging the responsibility entrusted to it under sub-section (1) of section 4 of

the Delhi Special Police Establishment Act, 1946:

Provided that while exercising the powers of superintendence under clause (a)

or giving directions under this clause, the Commission shall not exercise powers in

such a manner so as to require the Delhi Special Police Establishment to investigate

or dispose of any case in a particular manner;

(c) inquire or cause an inquiry or investigation to be made on a reference

made by the Central Government wherein it is alleged that a public servant being an

employee of the Central Government or a corporation established by or under any

Central Act, Government company, society and any local authority owned or

controlled by that Government, has committed an offence under the Prevention of

Corruption Act, 1988 or an offence with which a public servant may, under the Code

of Criminal Procedure, 1973, be charged at the same trial;

(d) inquire or cause an inquiry or investigation to be made into any complaint

against any official belonging to such category of officials specified in sub-section