The Central Vigilance Commission Act, 2003

This Act may be called the Central Vigilance Commission Act, 2003.

In this Act, unless the context otherwise requires,-- (a) "Central Vigilance Commissioner" means the Central Vigilance Commissioner appointedunder sub-section (1) of section 4; (b) "Commission" means the Central Vigilance Commission constituted under sub-section (1) ofsection 3; (c) "Delhi Special Police Establishment" means the Delhi Special Police Establishmentconstituted 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 CompaniesAct, 1956 (1 of 1956); 1[(da) "Lokpal" means the Lokpal established under sub-section (1) of section 3 of the Lokpaland 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.

(1) There shall be constituted a body to beknown as the Central Vigilance Commission to exercise the powers conferred upon, and to perform thefunctions assigned to it under this Act and the Central Vigilance Commission constituted undersub-section (1) of section 3 of the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) whichceased to operate, and continued under the Government of India in the Ministry of Personnel, PublicGrievances 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 shallbe deemed to be the Commission constituted under this Act. (2) The Commission shall consist of-- (a) a Central Vigilance Commissioner -- Chairperson; (b) not more than two Vigilance Commissioners -- Members. (3) The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed fromamongst persons-- (a) who have been or are in an All-India Service or in any civil service of the Union or in a civilpost under the Union having knowledge and experience in the matters relating to vigilance, policymaking and administration including police administration; or (b) who have held office or are holding office in a corporation established by or under anyCentral Act or a Government company owned or controlled by the Central Government and personswho have expertise and experience in finance including insurance and banking, law, vigilance andinvestigations: 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 andconditions as it deems fit to exercise such powers and discharge such duties as the Commission may byregulations specify in this behalf. (5) The Central Vigilance Commissioner, the other Vigilance Commissioners and the Secretary to theCommission appointed under the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) or theResolution 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 asamended vide Resolution of even number, dated the 13th August, 2002 shall be deemed to have beenappointed under this Act on the same terms and conditions including the term of office subject to whichthey 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 construedas the term of office with effect from the date the Central Vigilance Commissioner or any VigilanceCommissioner has entered upon his office and continued as such under this Act. (6) The headquarters of the Commission shall be at New Delhi.

(1) TheCentral Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President bywarrant under his hand and seal: Provided that every appointment under this sub-section shall be made after obtaining therecommendation of a Committee consisting of-- (a) the Prime Minister -- Chairperson; (b) the Minister of Home Affairs -- Member; (c) the Leader of the Opposition in the House of the People -- Member. Explanation.--For the purposes of this sub-section, "the Leader of the Opposition in the House of thePeople" shall, when no such Leader has been so recognised, include the Leader of the single largest groupin opposition of the Government in the House of the People. (2) No appointment of a Central Vigilance Commissioner or a Vigilance Commissioner shall beinvalid merely by reason of any vacancy in the Committee.

(1) Subject to theprovisions of sub-sections (3) and (4), the Central Vigilance Commissioner shall hold office for a term offour 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 beineligible for reappointment in the Commission. (2) Subject to the provisions of sub-sections (3) and (4), every Vigilance Commissioner shall holdoffice for a term of four years from the date on which he enters upon his office or till he attains the age ofsixty-five years, whichever is earlier: Provided that every Vigilance Commissioner, on ceasing to hold the office, shall be eligible forappointment as the Central Vigilance Commissioner in the manner specified in sub-section (1) of section4: Provided further that the term of the Vigilance Commissioner, if appointed as the Central VigilanceCommissioner, shall not be more than four years in aggregate as the Vigilance Commissioner and theCentral Vigilance Commissioner. (3) The Central Vigilance Commissioner or a Vigilance Commissioner shall, before he enters uponhis 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 hishand addressed to the President, resign his office. (5) The Central Vigilance Commissioner or a Vigilance Commissioner may be removed from hisoffice in the manner provided in section 6. (6) On ceasing to hold office, the Central Vigilance Commissioner and every other VigilanceCommissioner shall be ineligible for-- (a) any diplomatic assignment, appointment as administrator of a Union territory and such otherassignment or appointment which is required by law to be made by the President by warrant under hishand and seal; (b) further employment to any office of profit under the Government of India or the Governmentof 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 UnionPublic Service Commission; (b) the Vigilance Commissioner shall be the same as those of a Member of the Union PublicService Commission: Provided that if the Central Vigilance Commissioner or any Vigilance Commissioner is, at the time ofhis appointment, in receipt of a pension (other than a disability or wound pension) in respect of anyprevious service under the Government of India or under the Government of a State, his salary in respectof the service as the Central Vigilance Commissioner or any Vigilance Commissioner shall be reduced bythe amount of that pension including any portion of pension which was commuted and pension equivalentof 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 thetime of his appointment, in receipt of retirement benefits in respect of any previous service rendered in acorporation established by or under any Central Act or a Government company owned or controlled bythe Central Government, his salary in respect of the service as the Central Vigilance Commissioner or, asthe case may be, the Vigilance Commissioner shall be reduced by the amount of pension equivalent to theretirement benefits: Provided also that the salary, allowances and pension payable to, and the other conditions of serviceof, the Central Vigilance Commissioner or any Vigilance Commissioner shall not be varied to hisdisadvantage after his appointment.