THE CENTRAL VIGILANCE COMMISSION ACT, 2003 
_____________ 

ARRANGEMENT OF SECTIONS 
_____________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title. 
2.  Definitions. 

CHAPTER II 

THE CENTRAL VIGILANCE COMMISSION 

3.  Constitution of Central Vigilance Commission. 
4.  Appointment of Central Vigilance Commissioner and Vigilance Commissioners. 
5.  Terms and other conditions of service of Central Vigilance Commissioner. 
6.  Removal of Central Vigilance Commissioner and Vigilance Commissioner. 
7.  Power to make rules by Central Government for staff. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION 

8.  Functions and powers of Central Vigilance Commission. 
8A. Action on preliminary inquiry in relation to public servants. 
8B. Action on investigation in relation to public servants. 
9.  Proceedings of Commission. 
10.  Vigilance Commissioner to act as Central Vigilance Commissioner in certain circumstances. 
11.  Power relating to inquiries. 
11A. Director of Inquiry for making preliminary inquiry. 
12.  Proceedings before Commission to be judicial proceedings. 

CHAPTER IV 

EXPENSES AND ANNUAL REPORT 

13.  Expenses of Commission to be charged on the Consolidated Fund of India. 
14.  Annual report. 

CHAPTER V 

MISCELLANEOUS 

15.  Protection of action taken in good faith. 
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. 

1 

 
 
 
 
 
SECTIONS 

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. 

2 

 
 
 
THE CENTRAL VIGILANCE COMMISSION ACT, 2003 

ACT NO. 45 OF 2003 

[11th September, 2003.] 

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. 

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

CHAPTER I 

PRELIMINARY 

1. Short title.—This Act may be called the Central Vigilance Commission Act, 2003. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Central  Vigilance  Commissioner”  means  the  Central  Vigilance  Commissioner  appointed 

under sub-section (1) of section 4; 

(b) “Commission” means the Central Vigilance Commission constituted under sub-section (1) of 

section 3; 

(c)  “Delhi  Special  Police  Establishment”  means  the  Delhi  Special  Police  Establishment 

constituted  under  sub-section  (1)  of  section  2  of  the  Delhi  Special  Police  Establishment  Act,  1946   
(25 of 1946); 

(d) “Government company” means a Government company within the meaning of the Companies 

Act, 1956 (1 of 1956); 

1[(da)  “Lokpal”  means  the  Lokpal  established  under  sub-section  (1)  of  section  3  of  the  Lokpal 

and Lokayuktas Act, 2013 (1 of 2014);] 

(e) “prescribed” means prescribed by rules made under this Act; 

(f) “Vigilance Commissioner” means a Vigilance Commissioner appointed under sub-section (1) 

of section 4. 

CHAPTER II 

THE CENTRAL VIGILANCE COMMISSION 

3.  Constitution  of  Central  Vigilance  Commission.—(1)  There  shall  be  constituted  a  body  to  be 
known as the Central Vigilance Commission to exercise the powers conferred upon, and to perform the 
functions  assigned  to  it  under  this  Act  and  the  Central  Vigilance  Commission  constituted  under                    
sub-section (1) of section 3 of the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) which 
ceased  to  operate,  and  continued  under  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 shall 
be deemed to be the Commission constituted under this Act. 

(2) The Commission shall consist of— 

(a) a Central Vigilance Commissioner 

(b) not more than two Vigilance Commissioners 

— 

— 

  Chairperson; 

  Members. 

(3) The Central Vigilance Commissioner and the Vigilance Commissioners shall be  appointed from 

amongst persons— 

(a) who have been or are in an All-India Service or in any civil service of the Union or in a civil 

1. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014). 
3 

 
                                                           
post  under  the  Union  having  knowledge  and  experience  in  the  matters  relating  to  vigilance,  policy 
making and administration including police administration; or 

(b)  who  have  held  office  or  are  holding  office  in  a  corporation  established  by  or  under  any 
Central Act or a Government company owned or controlled by the Central Government and persons 
who  have  expertise  and  experience  in  finance  including  insurance  and  banking,  law,  vigilance  and 
investigations: 

Provided that, from amongst the Central Vigilance Commissioner and the Vigilance Commissioners, 
not more than two persons shall belong to the category of persons referred to either in clause (a) or clause 
(b). 

(4)  The  Central  Government  shall  appoint  a  Secretary  to  the  Commission  on  such  terms  and 
conditions as it deems fit to exercise such powers and discharge such duties as the Commission may by 
regulations specify in this behalf. 

(5) The Central Vigilance Commissioner, the other Vigilance Commissioners and the Secretary to the 
Commission appointed under the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) or the 
Resolution  of  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  shall  be  deemed  to  have  been 
appointed under this Act on the same terms and conditions including the term of office subject to which 
they were so appointed under the said Ordinance or the Resolution, as the case may be. 

Explanation.—For the purposes of this sub-section, the expression “term of office” shall be construed 
as  the  term  of  office  with  effect  from  the  date  the  Central  Vigilance  Commissioner  or  any  Vigilance 
Commissioner has entered upon his office and continued as such under this Act. 

(6) The headquarters of the Commission shall be at New Delhi. 

4.  Appointment  of  Central  Vigilance  Commissioner  and  Vigilance  Commissioners.—(1)  The 
Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President by 
warrant under his hand and seal: 

Provided  that  every  appointment  under  this  sub-section  shall  be  made  after  obtaining  the 

recommendation of a Committee consisting of— 

(a) the Prime Minister 

(b) the Minister of Home Affairs 

(c) the Leader of the Opposition in the House of the People 

— 

— 

— 

Chairperson; 

Member; 

Member. 

Explanation.—For the purposes of this sub-section, “the Leader of the Opposition in the House of the 
People” shall, when no such Leader has been so recognised, include the Leader of the single largest group 
in opposition of the Government in the House of the People. 

(2)  No  appointment  of  a  Central  Vigilance  Commissioner  or  a  Vigilance  Commissioner  shall  be 

invalid merely by reason of any vacancy in the Committee. 

5. Terms and other conditions of service of Central Vigilance Commissioner.—(1) Subject to the 
provisions of sub-sections (3) and (4), the Central Vigilance Commissioner shall hold office for a term of 
four years from the date on which he enters upon his office or till he attains the age of sixty-five years, 
whichever  is  earlier.  The  Central  Vigilance  Commissioner,  on  ceasing  to  hold  the  office,  shall  be 
ineligible for reappointment in the Commission. 

(2)  Subject  to  the  provisions  of  sub-sections  (3)  and  (4),  every  Vigilance  Commissioner  shall  hold 
office for a term of four years from the date on which he enters upon his office or till he attains the age of 
sixty-five years, whichever is earlier: 

Provided  that  every  Vigilance  Commissioner,  on  ceasing  to  hold  the  office,  shall  be  eligible  for 
appointment as the Central Vigilance Commissioner in the manner specified in sub-section (1) of section 
4: 

Provided further that the term of the Vigilance Commissioner, if appointed as the Central Vigilance 
Commissioner,  shall  not  be  more  than  four  years  in  aggregate  as  the  Vigilance  Commissioner  and  the 
Central Vigilance Commissioner. 

4 

 
 
 
 
 
 
 
 
 
 
 
 
(3) The Central Vigilance Commissioner or a Vigilance Commissioner shall, before he enters upon 
his office, make and subscribe before the President, or some other person appointed in that behalf by him, 
an oath or affirmation according to the form set out for the purpose in Schedule to this Act. 

(4)  The  Central  Vigilance  Commissioner  or  a  Vigilance  Commissioner  may,  by  writing  under  his 

hand addressed to the President, resign his office. 

(5)  The  Central  Vigilance  Commissioner  or  a  Vigilance  Commissioner  may  be  removed  from  his 

office in the manner provided in section 6. 

(6)  On  ceasing  to  hold  office,  the  Central  Vigilance  Commissioner  and  every  other  Vigilance 

Commissioner shall be ineligible for— 

(a) any diplomatic assignment, appointment as administrator of a Union territory and such other 
assignment or appointment which is required by law to be made by the President by warrant under his 
hand and seal; 

(b) further employment to any office of profit under the Government of India or the Government 

of a State. 

(7) The salary and allowances payable to and the other conditions of service of— 

(a) the Central Vigilance Commissioner shall be the same as those of the Chairman of the Union 

Public Service Commission; 

(b)  the  Vigilance  Commissioner  shall  be  the  same  as  those  of  a  Member  of  the  Union  Public 

Service Commission: 

Provided that if the Central Vigilance Commissioner or any Vigilance Commissioner is, at the time of 
his  appointment,  in  receipt  of  a  pension  (other  than  a  disability  or  wound  pension)  in  respect  of  any 
previous service under the Government of India or under the Government of a State, his salary in respect 
of the service as the Central Vigilance Commissioner or any Vigilance Commissioner shall be reduced by 
the amount of that pension including any portion of pension which was commuted and pension equivalent 
of other forms of retirement benefits excluding pension equivalent of retirement gratuity: 

Provided further that if the Central Vigilance Commissioner or any Vigilance Commissioner is, at the 
time of his appointment, in receipt of retirement benefits in respect of any previous service rendered in a 
corporation established by or under any Central Act or a Government company owned or controlled by 
the Central Government, his salary in respect of the service as the Central Vigilance Commissioner or, as 
the case may be, the Vigilance Commissioner shall be reduced by the amount of pension equivalent to the 
retirement benefits: 

Provided also that the salary, allowances and pension payable to, and the other conditions of service 
of,  the  Central  Vigilance  Commissioner  or  any  Vigilance  Commissioner  shall  not  be  varied  to  his 
disadvantage after his appointment. 

6. Removal of Central Vigilance Commissioner and Vigilance Commissioner.—(1) Subject to the 
provisions of sub-section (3), the Central Vigilance Commissioner or any Vigilance Commissioner shall 
be  removed  from  his  office  only  by  order  of  the  President  on  the  ground  of  proved  misbehaviour  or 
incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported 
that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought on 
such ground be removed. 

(2) The President may suspend from office, and if deem necessary prohibit also from attending the 
office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of 
whom  a  reference  has  been  made  to  the  Supreme  Court  under  sub-section  (1)  until  the  President  has 
passed orders on receipt of the report of the Supreme Court on such reference. 

(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from 
office  the  Central  Vigilance  Commissioner  or  any  Vigilance  Commissioner  if  the  Central  Vigilance 
Commissioner or such Vigilance Commissioner, as the case may be,— 

(a) is adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

5 

 
(c) engages during his term of office in any paid employment outside the duties of his office; or 

(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or 

body; or 

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as 

a Central Vigilance Commissioner or a Vigilance Commissioner. 

(4) If the Central Vigilance Commissioner or any Vigilance Commissioner is or becomes in any way, 
concerned or interested in any contract or agreement made by or on behalf of the Government of India or 
participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise 
than as a member and in common with the other members of an incorporated company, he shall, for the 
purposes of sub-section (1), be deemed to be guilty of misbehaviour. 

7.  Power  to  make  rules  by  Central  Government  for  staff.—The  Central  Government  may,  in 
consultation with the Commission, make rules with respect to the number of members of the staff of the 
Commission and their conditions of service. 

FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION 

CHAPTER III 

8. Functions and powers of Central Vigilance Commission.—(1) The functions and powers of the 

Commission shall be to— 

(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  (49  of  1988)  or  an  offence  with  which  a  public  servant  specified  in                   
sub-section (2) may, under the Code of Criminal Procedure, 1973 (2 of 1974), 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 (25 of 1946): 

Provided  that  while  exercising  the  powers  of  superintendence  under  clause  (a)  or  giving 
directions  under  this  clause,  the  Commissions  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 (49 of 1988) or an offence with which a public servant may, under the Code of 
Criminal Procedure, 1973 (2 of 1974), 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 (2) wherein it is alleged that he has 
committed an offence under the Prevention of Corruption Act, 1988 (49 of 1988) and an offence with 
which a public servant specified in sub-section (2) may, under the Code of Criminal Procedure, 1973 
(2 of 1974), be charged at the same trial; 

(e)  review  the  progress  of  investigations  conducted  by  the  Delhi  Special  Police  Establishment 

into  offences  alleged  to  have  been  committed  under  the  Prevention  of  Corruption  Act,  1988                
(49 of 1988) or the public servant may, under the Code of Criminal Procedure, 1973 (2 of 1974), be 
charged at the same trial; 

(f)  review  the  progress  of  applications  pending  with  the  competent  authorities  for  sanction  of 

prosecution under the Prevention of Corruption Act, 1988 (49 of 1988); 

(g)  tender  advice  to  the  Central  Government,  corporations  established  by  or  under  any  Central 
Act,  Government  companies,  societies  and  local  authorities  owned  or  controlled  by  the  Central 
Government  on  such  matters  as  may  be  referred  to  it  by  that  Government,  said  Government 
companies,  societies  and  local  authorities  owned  or  controlled  by  the  Central  Government  or 
otherwise; 

6 

 
(h)  exercise  superintendence  over  the  vigilance  administration  of  the  various  Ministries  of  the 
Central  Government  or  corporations  established  by  or  under  any  Central  Act,  Government 
companies, societies and local authorities owned or controlled by that Government: 

Provided  that  nothing  contained in  this clause shall  be  deemed  to  authorise  the Commission  to 
exercise  superintendence  over  the  Vigilance  administration  in  a  manner  not  consistent  with  the 
directions  relating  to  vigilance  matters  issued  by  the  Government  and  to  confer  power  upon  the 
Commission to issue directions relating to any policy matters; 

(2) The persons referred to in clause (d) of sub-section (1) are as follows:— 

(a) members of All-India Services serving in connection with the affairs of the Union and Group 

'A' officers of the Central Government; 

(b) such level of officers of the corporations established by or under any Central Act, Government 
companies, societies and other local authorities, owned or controlled by the Central Government, as 
that Government may, by notification in the Official Gazette, specify in this behalf: 

Provided  that  till  such  time  a  notification  is  issued  under  this  clause,  all  officers  of  the  said 
corporations, companies, societies and local authorities shall be deemed to be the persons referred to 
in clause (d) of sub-section (1). 

1[(c) on a reference made by the Lokpal under the proviso to sub-section (1) of section 20 of the 
Lokpal and Lokayuktas Act, 2013 (1 of 2014), the persons referred to in clause (d) of sub-section (1) 
shall also include— 

(i) members of Group B, Group C and Group D services of the Central Government; 

(ii) such level of officials or staff of the corporations established by or under any Central Act, 
Government companies, societies and other local authorities, owned or controlled by the Central 
Government,  as  that  Government  may,  by  notification  in  the  Official  Gazette,  specify  in  this 
behalf: 

Provided that till such time a notification is issued under this clause, all officials or staff of the said 
corporations,  companies,  societies  and  local  authorities  shall  be deemed  to  be  the  persons  referred  in 
clause (d) of sub-section (1).] 

 1[8A.  Action  on  preliminary  inquiry  in  relation  to  public  servants.—(1)  Where,  after  the 
conclusion of the preliminary inquiry relating to corruption of public servants belonging to Group C and 
Group  D officials of the  Central  Government, the findings  of  the  Commission disclose,  after  giving  an 
opportunity  of  being  heard  to  the  public  servant,  a  prima  facie  violation  of  conduct  rules  relating  to 
corruption  under  the  Prevention  of  Corruption  Act,  1988  (49  of  1988)  by  such  public  servant,  the 
Commission shall proceed with one or more of the following actions, namely:— 

(a) cause an investigation by any agency or the Delhi Special Police Establishment, as the case 

may be; 

(b) initiation of the disciplinary proceedings or any other appropriate action against the concerned 

public servant by the competent authority; 

(c) closure of the proceedings against the public servant and to proceed against the complainant 

under section 46 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014). 

(2)  Every  preliminary  inquiry  referred  to  in  sub-section  (1)  shall  ordinarily  be  completed  within  a 
period  of  ninety  days  and  for  reasons  to  be  recorded  in  writing,  within  a  further  period  of  ninety  days 
from the date of receipt of the complaint. 

8B. Action on investigation in relation to public servants.—(1) In case the Commission decides to 
proceed to investigate into the complaint under clause (a) of sub-section (1) of section 8A, it shall direct 
any  agency  (including  the  Delhi  Special  Police  Establishment)  to  carry  out  the  investigation  as 
expeditiously as possible and complete the investigation within a period of six months from the date of its  

1. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014). 
7 

 
 
                                                           
order and submit the investigation report containing its findings to the Commission: 

Provided that the Commission may extend the said period by a further period of six months for the 

reasons to be recorded in writing. 

(2)  Notwithstanding  anything  contained  in  section  173  of  the  Code  of  Criminal  Procedure,  1973                 

(2  of  1974),  any  agency  (including  the  Delhi  Special  Police  Establishment)  shall,  in  respect  of  cases 
referred to it by the Commission, submit the investigation report to the Commission. 

(3) The Commission shall consider every report received by it under sub-section (2) from any agency 

(including the Delhi Special Police Establishment) and may decide as to— 

(a) file charge-sheet or closure report before the Special Court against the public servant; 

(b)  initiate  the  departmental  proceedings  or  any  other  appropriate  action  against  the  concerned 

public servant by the competent authority.] 

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. 

10.  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. 

to  act  as  Central  Vigilance  Commissioner 

(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, 
authorise in this behalf, shall discharge the functions of the Central Vigilance Commissioner until the date 
on which the Central Vigilance Commissioner resumes his duties. 

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; 

8 

 
(e) issuing commissions for the examination of witnesses or other documents; and 

(f) any other matter which may be prescribed. 

1[11A.  Director  of  Inquiry  for  making  preliminary  inquiry.—(1)  There  shall  be  a  Director  of 
Inquiry, not below the rank of Joint Secretary to the Government of India, who shall be appointed by the 
Central Government for conducting preliminary inquiries referred to the Commission by the Lokpal. 

(2) The Central Government shall provide the Director of Inquiry such officers and employees as may 

be required for the discharge of his functions under this Act.] 

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 (45 of 1860). 

CHAPTER IV 

EXPENSES AND ANNUAL REPORT 

13. Expenses of Commission to be charged on the Consolidated Fund of India.—The expenses of 
the Commission, including any salaries, allowances and pensions payable to or in respect of the Central 
Vigilance Commissioner, the Vigilance Commissioners, Secretary and the staff of the Commission, shall 
be charged on the Consolidated Fund of India. 

14. Annual report.—(1) It shall be the duty of the Commission to present annually to the President a 

report as to the work done by the Commission within six months of the close of the year under report. 

(2)  The  report  referred  to  in  sub-section  (1)  shall  contain  a  separate  part  on  the  functioning  of  the 
Delhi  Special  Police  Establishment  in  so  far  as  it  relates  to  sub-section  (1)  of  section  4  of  the  Delhi 
Special Police Establishment Act, 1946 (25 of 1946). 

(3)  On  receipt  of  such  report,  the  President  shall  cause  the  same  to  be  laid  before  each  House  of 

Parliament. 

CHAPTER V 

MISCELLANEOUS 

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). 
9 

 
                                                           
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  

10 

 
 
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). 

11 

 
 
 
                                                           
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 

(b) Vigilance Commissioners 

(c)  Secretary  to  the  Government  of  India  in-
charge  of  the  Ministry  of Home  Affairs in the 
Central Government 

(d)  Secretary 
Grievances) in the Cabinet Secretariat 

(Coordination 

and  Public 

— 

— 

— 

— 

Chairperson; 

Members; 

Member; 

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:— 

12 

 
 
 
“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. 

13 

 
 
THE SCHEDULE 

[See section 5(3)] 

Form  of  oath  or  affirmation  to  be  made  by  the  Central  Vigilance  Commissioner  or  Vigilance 

Commissioner:— 

“I, A. B., having been appointed Central Vigilance Commissioner (or Vigilance Commissioner)  

of the Central Vigilance Commission do  

  that I will bear true faith and 
allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and 
integrity  of  India,  that  I  will  duly  and  faithfully  and  to  the  best  of  my  ability,  knowledge  and 
judgment perform the duties of my office without fear or favour, affection or ill-will and that I will 
uphold the constitution and the laws.”. 

𝑠𝑤𝑒𝑎𝑟 𝑖𝑛 𝑡ℎ𝑒 𝑛𝑎𝑚𝑒 𝑜𝑓 𝐺𝑜𝑑 
𝑠𝑜𝑙𝑒𝑚𝑛𝑙𝑦  𝑎𝑓𝑓𝑖𝑟𝑚

14 

 
 
