CVC(Procedure for Dealing with Complaints and Procedure of Inquiry) Regulations 2021

 CVC(Procedure for Dealing with Complaints and Procedure of Inquiry)Regulations 2021

CENTRAL VIGILANCE COMMISSION
NOTIFICATION
New Delhi, the 8th January, 2021

F. No. 016/VGL/073 (E).—In exercise of the powers conferred by sub-section (1) of section 21 of the Central Vigilance Commission Act, 2003 (45 of 2003), the Central Vigilance Commission, with the previous approval of the Central Government, hereby makes the following regulations, namely: —

1. Short title and commencement.—(1) These regulations may be called the Central Vigilance Commission (Procedure for Dealing with Complaints and Procedure of Inquiry) Regulations, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. — (1) In these regulations, unless the context otherwise requires, —
   (a) “Act” means the Central Vigilance Commission Act, 2003 (45 of 2003);
   (b) “Branch Officer” means an officer of the Commission of the level of Deputy Secretary and above and
   assigned a particular work;
   (c) “clause” means clause of the Act;
   (d) “Officer of the Commission” means any officer of the Commission not below the rank Under Secretary;
   (e) “Officer” means a Chief Vigilance Officer in the Ministry or Department of the Central Government or
   in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government;
   (f) “process” means any order, notice, summons, interrogatory, etcetera issued under the Act or rule or regulation;
   (g) “regulations” means regulations framed under section 21 of the Act;
   (h) “rule” means the rules framed under section 20 of the Act;
   (i) “Schedule” means the Schedule annexed to the regulation; and
   (j) “section” means a section of the Act.
   (2) Words and expressions used in these regulations and not defined but defined in the Act, unless the context otherwise means, shall have the meanings respectively assigned to them in the Act.

3. Procedure for dealing with complaint. — (1) Any complaint alleging corruption can be lodged with the Commission in written form or lodged online at the designated portal namely, http://portal.cvc.in or in the manner as laid down by the Commission from time to time in its Complaint Handling Policy.
   (2) All complaints received by the Commission in the specified mode shall be registered and assigned a number, scrutinised and examined by the Branch Officer and action be taken thereon in accordance with the directions issued by the Commission from time to time in this regard:
   Provided that a complaint, after confirmation from the complainant, scrutiny and examination by the Branch Officer, if deemed appropriate for conduct of inquiry or investigation, shall be placed before the Commission for consideration and order:
   Provided further that the Commission may seek confirmation or further information or affidavit from the complainant as may be considered necessary before deciding the further course of action in a complaint.

(3) On consideration of a complaint, the Commission may in its discretion pass orders for conduct of inquiry or investigation or dismiss it.
(4) Where the Commission decides to conduct inquiry or investigation into a complaint, the Branch Officer shall call for the report from the concerned authority after giving them a reasonable time.
(5) On receipt of the report on the complaint from the concerned authority, the Branch Officer shall examine the same and place before the Commission for consideration and further directions.
(6) The directions and advice of the Commission shall be communicated to the concerned authority by the Branch Officer.
(7) A complaint of the following nature shall not be entertained by the Commission and shall be summarily dismissed or filed or forwarded to the concerned authority for necessary action as deemed fit, namely: –

(i) where allegations are administrative in nature such as those relating to transfer, posting, recruitment, suspension or travelling allowance. unless there is involvement of vigilance angle therein relating to
alleged commission of offences under the Prevention of Corruption Act, 1988 (49 of 1988);
(ii) which are addressed or endorsed to multiple authorities;
(iii) which are not directly addressed to the Commission;
(iv) which are anonymous or pseudonymous;
(v) which are vague, frivolous or not specific in content or nature;
(vi) contain matters which are sub-judice before any competent Court or Tribunal or Authority;
(vii) which are against private persons, State Government officials, Members of Parliament or State Legislature, elected representatives of other bodies, members of judiciary or officials of private organisations;
(viii) which are not against the category of public servants as specified under sub section (2) of section 8 of the Act and the notification issued thereunder; and
(ix) which are illegible.
(8) No fee shall be chargeable for lodging complaints with the Commission.
(9) A complaint should preferably be lodged in typed or written form in English or Hindi language for facilitating early action thereon.
(10) The Commission may dismiss a complaint in-limine which does not meet the prescribed criteria.

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4. Procedure of inquiry. — For the purpose of inquiry referred to in clause (c) or clause (d) of sub-section (1) of section 8, the Commission may follow any of the following procedure, namely: –
   (i) the Commission may inquire or cause the inquiry to be made by authorising, through issuing a commission to, an Officer of the Commission or to an Officer: Provided that the Officer so authorised shall ordinarily belong to the same Ministry or Department or
   Organisation to which the subject matter of inquiry relates;
   (ii) the Commission while conducting an inquiry, may authenticate or cause to be authenticated by an Officer of the Commission its orders and issue or cause to be issued any of the processes required for
   such inquiry as laid down in the Schedule;
   (iii) the Officer of the Commission or the Officer referred to in clause (i) while conducting the inquiry may issue any of the processes as laid down in the Schedule;
   (iv) the processes referred to in clause (ii) and (iii) may be issued or used in the inquiry in the formats as laid down in the Schedule;
   (v) a process to compel the appearance of witness and discovery and production of documents may be made by any Court of law having jurisdiction in the matter under inquiry;
   (vi) the inquiry by an Officer of the Commission or an Officer referred to in clause (i) shall ordinarily be completed within a period of thirty days, extendable upto a further period not exceeding sixty days at a
   time, with the previous approval of the Commission;
   (vii) the Officer of the Commission or an Officer referred to in clause (i) shall submit a report of the inquiry to the Commission in such form as may be laid down by the Commission from time to time.