Monday, March 14, 2011

CVC

Important guidelines (GIVEN BY SUPREME COURT) in CVC appointment are:
· Zone of consideration won’t be restricted to civil servants.
· CVC is to be appointed from among bureaucrats in All India Services having requisite knowledge and experience and also from among persons who have held or are holding office in a government corporation or public sector undertaking who have experience in insurance, banking, law, vigilance and investigations.
· If one member disagrees with the choice of the other two, he should give reasons for his disagreement; the majority should also give reasons why it was brushing aside the dissent. This will inject transparency in the process.
· Empanelment of candidates on recorded rational basis.
· No person below the rank of secretary be empanelled.
· Empanelling authority to enclose complete material for and against the candidates. No relevant material is to be withheld. All adverse remarks to be brought to the notice of selection committee.
· Panel may adopt a transparent process of consideration of the empanelled officers.

Central Vigilance Commission
The Central Vigilance Commission was set up by the Government in February,1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance.
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 authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.
Consequent upon promulgation of an Ordinance by the President, the Central Vigilance Commission has been made a multi member Commission with "statutory status" with effect from 25th August,1998.
The CVC Bill was passed by both the houses of Parliament in 2003 and the President gave its assent on september 11, 2003. Thus the Central Vigilance Commission Act 2003 (No45 0f 2003) came into effect from that date.
The Commission shall consist of:
* A Central Vigilance Commissioner - Chairperson;
* Not more than two Vigilance Commissioners - Members;
the process of appointment
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 state government.
JURISDICTION
Commission’s Jurisdiction under CVC Act :-
i. Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government;
ii. Officers of the rank of Scale V and above in the Public Sector Banks;
iii. Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI;
iv. Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings;
v. Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings;
vi. Managers and above in General Insurance Companies;
vii. Senior Divisional Managers and above in Life Insurance Corporations;
viii.Officers drawing salary of Rs.8700/- p.m. and above on Central Government D.A. pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities.
Powers and Functions of CVC
i. to exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CRPC for certain categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility;
ii. to review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act;
iii. to undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organisation, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner;
iv. to tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.;
v. to exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organisations to which the executive power of the Union extends; and
vi. to chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE.
vii. to undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action.

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