15. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Commission, the Central Vigilance Commissioner, any Vigilance Commissioner, the
Secretary or against any staff of the Commission in respect of anything which is in good faith done or
intended to be done under this Act.
16. Central Vigilance Commissioner, Vigilance Commissioner and staff to be public servants.—
The Central Vigilance Commissioner, every Vigilance Commissioner, the Secretary and every staff of the
Commission shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
17. Report of any inquiry made on reference by Commission to be forwarded to that
Commission.—(1) The report of the inquiry undertaken by any agency on a reference made by the
Commission shall be forwarded to the Commission.
(2) The Commission shall, on receipt of such report and after taking into consideration any other
factors relevant thereto, advise the Central Government and corporations established by or under any
Central Act, Government companies, societies and local authorities owned or controlled by that
Government, as the case may be, as to the further course of action.
(3) The Central Government and the corporations established by or under any Central Act,
Government companies, societies and other local authorities owned or controlled by that Government, as
the case may be, shall consider the advice of the Commission and take appropriate action:
Provided that where the Central Government, any corporation established by or under any Central
Act, Government company, society or local authority owned or controlled by the Central Government, as
1. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014).
10
the case may be, does not agree with the advice of the Commission, it shall, for reasons to be recorded in
writing, communicate the same to the Commission.
18. Power to call for information.—The Commission may call for reports, returns and statements
from the Central Government or corporations established by or under any Central Act, Government
companies, societies and other local authorities owned or controlled by that Government so as to enable it
to exercise general supervision over the vigilance and anti-corruption work in that Government and in the
said corporations, Government companies, societies and local authorities.
19. Consultation with Commission in certain matters.—The Central Government shall, in making
any rules or regulations governing the vigilance or disciplinary matters relating to persons appointed to
public services and posts in connection with the affairs of the Union or to members of the All-India
Services, consult the Commission.
20. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the number of members of the staff and their conditions of service under section 7;
(b) any other power of the civil court to be prescribed under clause (f) of section 11; and
(c) any other matter which is required to be, or may be, prescribed.
21. Power to make regulations.—(1) The Commission may, with the previous approval of the
Central Government, by notification in the Official Gazette, make regulations not inconsistent with this
Act and the rules made thereunder to provide for all matters for which provision is expedient for the
purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the duties and the powers of the Secretary under sub-section (4) of section 3; and
(b) the procedure to be followed by the Commission under sub-section (2) of section 9.
22. Notification, rule, etc., to be laid before Parliament.—Every notification issued under clause
(b) of sub-section (2) of section 8 and every rule made by the Central Government and every regulation
made by the Commission under this Act shall be laid, as soon as may be after it is issued or made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or the rule or the regulation, or both Houses agree that the notification or the rule or the
regulation should not be made, the notification or the rule or the regulation shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done under that notification
or rule or regulation.
23. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of
commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
24. Provisions relating to existing Vigilance Commission.—With effect from the constitution of the
Commission under sub-section (1) of section 3, the Central Vigilance Commission set up by the
Resolution of the Government of India in the Ministry of Home Affairs No. 24/7/64-AVD, dated the 11th
February, 1964 (hereafter referred to in this section as the existing Vigilance Commission) shall, insofar
11
as its functions are not inconsistent with the provisions of this Act, continue to discharge the said
functions and—
(a) all actions and decisions taken by the Vigilance Commission insofar as such actions and
decisions are relatable to the functions of the Commission constituted under this Act shall be deemed
to have been taken by the Commission;
(b) all proceedings pending before the Vigilance Commission, insofar as such proceedings relate
to the functions of the Commission, shall be deemed to be transferred to the Commission and shall be
dealt with in accordance with the provisions of this Act;
(c) the employees of the Vigilance Commission shall be deemed to have become the employees
of the Commission on the same terms and conditions;
(d) all the assets and liabilities of the Vigilance Commission shall be transferred to the
Commission.
25. Appointments, etc., of officers of Directorate of Enforcement.—Notwithstanding anything
contained in the Foreign Exchange Management Act, 1999 (42 of 1999) or any other law for the time
being in force,—
(a) the Central Government shall appoint a Director of Enforcement in the Directorate of
Enforcement in the Ministry of Finance on the recommendation of the Committee consisting of—
(i) the Central Vigilance Commissioner — Chairperson;
(ii) Vigilance Commissioners — Members;
(iii) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the
Central Government — Member;
(iv) Secretary to the Government of India in-charge of the Ministry of Personnel in the
Central Government — Member;
(v) Secretary to the Government of India in-charge of the Department of Revenue, Ministry
of Finance in the Central Government — Member;
(b) while making a recommendation, the Committee shall take into consideration the integrity and
experience of the officers eligible for appointment;
(c) no person below the rank of Additional Secretary to the Government of India shall be eligible
for appointment as a Director of Enforcement;
(d) a Director of Enforcement shall continue to hold office for a period of not less than two years
from the date on which he assumes office:
1
[Provided that the period for which the Director of Enforcement holds the office on his initial
appointment may, in public interest, on the recommendation of the Committee under clause (a) and
for the reasons to be recorded in writing, be extended up to one year at a time:
Provided further that no such extension shall be granted after the completion of a period of five
years in total including the period mentioned in the initial appointment;]
(e) a Director of Enforcement shall not be transferred except with the previous consent of the
Committee referred to in clause (a);
(f) the Committee referred to in clause (a) shall, in consultation with the Director of Enforcement,
recommend officers for appointment to the posts above the level of the Deputy Director of
Enforcement and also recommend the extension or curtailment of the tenure of such officers in the
Directorate of Enforcement;
(g) on receipt of the recommendation under clause (f), the Central Government shall pass such
orders as it thinks fit to give effect to the said recommendation.
1. Ins. by Act 46 of 2021, s. 2 (w.e.f. 14-11-2021).
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26. Amendment of Act 25 of 1946.—In the Delhi Special Police Establishment Act, 1946,—
(a) after section 1, the following section shall be inserted, namely:—
“1A. Interpretation section.—Words and expressions used herein and not defined but
defined in the Central Vigilance Commission Act, 2003 (45 of 2003), shall have the meanings,
respectively, assigned to them in that Act.”;
(b) for section 4, the following sections shall be substituted, namely:—
“4. Superintendence and administration of Special Police Establishment.—(1) The
superintendence of the Delhi Special Police Establishment in so far as it relates to investigation of
offences alleged to have been committed under the Prevention of Corruption Act, 1988
(49 of 1988), shall vest in the Commission.
(2) Save as otherwise provided in sub-section (1), the superintendence of the said police
establishment in all other matters shall vest in the Central Government.
(3) The administration of the said police establishment shall vest in an officer appointed in
this behalf by the Central Government (hereinafter referred to as the Director) who shall exercise
in respect of that police establishment such of the powers exercisable by an Inspector-General of
Police in respect of the police force in a State as the Central Government may specify in this
behalf.
4A. Committee for appointment of Director.—(1) The Central Government shall appoint
the Director on the recommendation of the Committee consisting of—
(a) the Central Vigilance Commissioner — Chairperson;
(b) Vigilance Commissioners — Members;
(c) Secretary to the Government of India
in charge of the Ministry of Home Affairs in
the Central Government
— Member;
(d) Secretary (Coordination and Public
Grievances) in the Cabinet Secretariat
— Member.
(2) While making any recommendation under sub-section (1), the Committee shall take into
consideration the views of the outgoing Director.
(3) The Committee shall recommend a panel of officers—
(a) on the basis of seniority, integrity and experience in the investigation of
anti-corruption cases; and
(b) chosen from amongst officers belonging to the Indian Police Service constituted
under the All-India Services Act, 1951 (61 of 1951),
for being considered for appointment as the Director.
4B. Terms and conditions of service of Director.—(1) The Director shall, notwithstanding
anything to the contrary contained in the rules relating to his conditions of service, continue to
hold office for a period of not less than two years from the date on which he assumes office.
(2) The Director shall not be transferred except with the previous consent of the Committee
referred to in sub-section (1) of section 4A.
4C. Appointment for posts of Superintendent of Police and above, extension and
curtailment of their tenure, etc.—(1) The Committee referred to in section 4A shall, after
consulting the Director, recommend officers for appointment to the posts of the level of
Superintendent of Police and above and also recommend the extension or curtailment of the
tenure of such officers in the Delhi Special Police Establishment.
(2) On receipt of the recommendation under sub-section (1), the Central Government shall
pass such orders as it thinks fit to give effect to the said recommendation.”;
(c) after section 6, the following section shall be inserted, namely:—
13
“6A. Approval of Central Government to conduct inquiry or investigation.—(1) The
Delhi Special Police Establishment shall not conduct any inquiry or investigation into any offence
alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988)
except with the previous approval of the Central Government where such allegation relates to—
(a) the employees of the Central Government of the level of Joint Secretary and above;
and
(b) such officers as are appointed by the Central Government in corporations established
by or under any Central Act, Government companies, societies and local authorities owned or
controlled by that Government.
(2) Notwithstanding anything contained in sub-section (1), no such approval shall be
necessary for cases involving arrest of a person on the spot on the charge of accepting or
attempting to accept any gratification other than legal remuneration referred to in clause (c) of the
Explanation to section 7 of the Prevention of Corruption Act, 1988 (49 of 1988).”.
27. Repeal and saving.—(1) The Government of India in the Ministry of Personnel, Public
Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD. III,
dated the 4th April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 is
hereby repealed.
(2) Notwithstanding such repeal and the cesser of operation of the Central Vigilance Commission
Ordinance, 1999 (Ord. 4 of 1999), anything done or any action taken under the said Resolution and the
said Ordinance including the appointments made and other actions taken or anything done or any action
taken or any appointment made under the Delhi Special Police Establishment Act, 1946 (25 of 1946) and
the Foreign Exchange Regulation Act, 1973 (46 of 1973) as amended by the said Ordinance shall be
deemed to have been made or done or taken under this Act or the Delhi Special Police Establishment Act,
1946 and the Foreign Exchange Regulation Act, 1973 as if the amendments made in those Acts by this
Act were in force at all material times.