Central Vigilance Commission Regulations, 2021 – Procedure for Transaction and Allocation of Business
CENTRAL VIGILANCE COMMISSION
New Delhi, the 8th January, 2021
F. No. 016/VGL/073 (E). – In exercise of the powers conferred by clause (b) of sub-section (2) of section 21 read with sub-section (2) of section 9 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) These regulations may be called the Central Vigilance Commission (Procedure for Transaction and Allocation of Business) 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) “Chairperson” means the Central Vigilance Commissioner;
(c) “Member” means a Vigilance Commissioner; and
(d) “section” means a section of the Act.
(2) Words and expressions used in these regulations and not defined but defined in the Act shall have the same meanings as respectively assigned to them in the Act.
ALLOCATION OF BUSINESS
3. Allocation of business of Commission. – (1) The Commission shall, from time to time, by general or special order, make provisions as to allocation of its business amongst the groups constituted under sub-regulation (2), and specify the matters which may be dealt with by each such group.
(2) A group referred to in sub-regulation (1) shall consist of a Vigilance Commissioner and the Central Vigilance Commissioner:
Provided that in the event of absence of the Central Vigilance Commissioner or the Vigilance Commissioners constituting the group, for whatever reasons, the Commission shall, by general or special order, allocate its business amongst themselves through mutual consent and specify the matter which may be dealt by them.
TRANSACTION OF BUSINESS
(1) The Commission shall transact its normal day to day business by recording decisions on file in matters relating to all or any of the functions referred to in sections 8, 8A and 8B and other provisions of the Act through a group constituted under regulation 3.
(2) All business of the Commission, as provided in sub-section (3) of section 9 of the Act, shall, as far as possible, be transacted unanimously.
(3) Subject to the provisions of sub-regulation (2), if the Vigilance Commissioner and the Central Vigilance Commissioner (constituting a group) differ in opinion on any matter, such matter shall be placed before other Vigilance Commissioner, and the opinion of the majority Members would be termed as the decision of the Commission.
5. Meetings of Commission. – (1) Save as provided in sub-regulation (3) of regulation 4, and as the Chairperson or one of the Member may consider it to be of important nature, any other business as considered appropriate, where the decision of the Commission is required, may be transacted at the meetings of the Commission.
(2) The Commission shall normally have its regular meetings once every month:
Provided that the Chairperson by himself or at the instance of a Member may direct a special meeting of the Commission to be convened to consider any specific matter of urgency
(3) The Central Vigilance Commissioner shall preside over the meetings of the Commission:
Provided that in case the Central Vigilance Commissioner is not present at any meeting, the senior amongst the Vigilance Commissioners shall preside over that meeting:
Provided further that in case of equality in seniority of the Vigilance Commissioners, one from amongst the Vigilance Commissioners with their mutual consent shall preside over that meeting.
(4) Notwithstanding anything contained in sub-regulation (3), no meeting shall take place in the absence of the Central Vigilance Commissioner if it is convened to decide a matter wherein the Vigilance Commissioner and the Central Vigilance Commissioner had differed in opinion.
6. Secretariat assistance. –The Secretary to the Commission shall ordinarily, along with such other officers, as may be considered necessary, attend the meeting of the Commission to assist it in the meeting:
Provided that the Secretary of the Commission may be exempted by the Commission, in case of his inability to attend any meeting:
Provided further that in the absence of Secretary to the Commission such other officers of the Commission, as may be considered necessary by the Commission, shall assist it in the meeting.
7. Agenda of meeting. -(1) The Secretariat to the Commission shall prepare a note or agenda specifying the items of business to be transacted in the meeting of the Commission and the note or agenda shall be circulated amongst the Chairperson and Members by the Secretariat at least two days in advance of every meeting and the specific files covering the agenda items shall be made readily available to the Commission for reference during the meeting.
(2) An item of business not included in the agenda referred to in sub-regulation (1), may be taken up for consideration in the meeting provided that such item of business is approved by the Commission for its inclusion as a supplementary to those item or items of business listed in the agenda.
8. Minutes of meeting. –(1) The minutes of each meeting of the Commission shall be recorded in the meeting itself or immediately thereafter by the Secretary to the Commission or by any other officer of the Commission duly authorised by the Secretary, and thereafter the approval of the Chairperson or the Member who presided over the meeting shall be obtained thereon.
(2) The Secretary to the Commission or the authorised Officer, as the case may be, shall submit the minutes of proceedings of every meeting to the Members and the Chairperson for confirmation and signatures.
(3) The conclusions of the Commission in every matter undertaken during the meeting shall be recorded in the form of „resolution‟ and the dissenting opinion, if any given, shall also form part of the minutes and be kept on record.
(4) The Secretary to the Commission, or such officer of the Commission as may be authorised by the Secretary in this behalf shall maintain and keep the minutes book.
9. Follow-up action. -(1) Unless specifically authorised, no action shall be taken by the Secretariat of the Commission on the minutes of the meetings until the same are confirmed by the Chairperson.
(2) Where there is any difference, action on the minutes of meetings shall be taken on the basis of the majority opinion in the manner as specified in sub-regulation (3) of regulation 4.
10. Record of minutes. – (1) A master copy of the minutes of every meeting and resolution of Commission shall be maintained separately in a guard file with proper indexing and duly authenticated by Secretary or by an officer authorised in this behalf by the Secretary.
(2) The copy of minutes of meeting pertaining to each item shall be added to the relevant file for appropriate action.
11. Report of action taken. -Report of follow-up action on previous minutes shall be submitted to the Commission at every subsequent meeting indicating the updated status on each item on which the Commission had taken a decision in any of its earlier meetings, excepting the items on which no further action is called for.
12. Authentication of orders and decisions of Commission. – Orders and decisions of the Commission shall be authenticated by an officer of the Commission not below the rank of an Under Secretary and authorised by the Chairperson in this behalf.
SUDHIR KUMAR, Addl. Secy.