Act Number: 45

Act Name: The Central Vigilance Commission Act, 2003

Year: 2003

Enactment Date: 2003-09-11

Long Title: 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.

Ministry: Ministry of Personnel, Public Grievances and Pensions

Department: Department of Personnel and Training

Section 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.
Notes:
1. Ins. by Act 46 of 2021, s. 2 (w.e.f. 14-11-2021).
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