Central Vigilance
Commission (Procedure for Dealing with Complaints and Procedure of Inquiry)
Regulations, 2021[1] [8th
January, 2021] 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) 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. (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. (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. 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. SCHEDULE [See clause
(ii), (iii) and (iv) of Regulation 4] STANDARD
FORMATS OF PROCESSES FOR USE IN INQUIRY (1) Commission for examination
of witness To [Name, description and
place of residence.] (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] Whereas the evidence of
[name and address of witness] is required in the above inquiry; And whereas [give reasons
for examination of witness at another place, etc.]; And therefore you are
appointed as Commissioner for the purpose of taking the evidence including
recording of statements of such witness [name of witness]. Process to compel the
attendance of the witness will be issued by any court having jurisdiction on your
application. A sum of Rs….. being your
fee in the above, shall be paid on return of the evidence. Given under my hand and
seal, this day of ...... 20... [Name and Designation of
authenticating officer] for Central Vigilance
Commission (2) Commission for examination
of documents To [Name, description and
place of residence.] (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] Whereas it is deemed
requisite, for the purpose of this inquiry, that a commission for examination
of the following documents [write detail of documents] should be issued. You
are, hereby, appointed Commissioner for that purpose and you are further
requested to make return of such examination in writing as soon as it may be
completed. Process to compel the
attendance before you of any witnesses, or for the production of any documents
whom or which you may desire to examine or inspect, will be issued by any court
having jurisdiction on your application. A sum of Rs….. being your
fee in the above, shall be paid on return of the examination. Given under my hand and
seal, this day of ......20.. [Name and Designation of
authenticating officer] for Central Vigilance
Commission (3) Summons for appearance To [Name, description and
place of residence.] (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] You are hereby summoned and
required to appear before the Commission/on the date and time mentioned below
for giving evidence in the above inquiry. Therefore, this summons is herewith
served upon you along with the copy of complaint/gist of allegations. Place of inquiry: Date and time: Name Designation and
Signature of Commissioner/Inquiry Officer/ authenticating officer RETURN OF SERVICE Service of the Summons and
complaint/gist of allegations was made by me (NAME OF SERVER) on (DATE). Check
appropriately: • Served personally at: • Served by Registered
Post: • Left copies thereof at
the addressee's dwelling house or usual place of abode with a person of
suitable age and description then residing therein. Name of person with whom
the summons and complaint were left: • Returned unexecuted (4) Summons for examination of
witness in person and examination of documents To [Name, description and
place of residence.] (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] Whereas an inquiry is being
conducted by Central Vigilance Commission in exercise of powers conferred under
clause (d) of sub-section (1) of Section 8 of Central Vigilance Commission Act,
2003 into the allegations of …………[description in brief] ……………………….. And whereas the undersigned
has been appointed Commissioner for examination of witness [write name and
address] and the following documents in possession of witness [give name of
documents]. And whereas the undersigned
deems it requisite to examine you in person and examine the documents. And therefore you are
hereby summoned to appear before the undersigned in person along with the said
documents on the . . . . . . . . . day of . . . . . . . . . 20..... at . . . .
. . . . . at . . . . . . . . ., for the purpose. Name, Designation and
Signature of Commissioner RETURN OF SERVICE Service of the Summons was
made by me (NAME OF SERVER) on (DATE). Check appropriately: • Served personally at: • Served by Regd. Post: • Left copies thereof at
the addressee's dwelling house or usual place of abode with a person of
suitable age and description then residing therein. Name of person with whom
the summons and complaint were left: • Returned unexecuted (5) Summons for reply To [Name, description and
place of residence.] (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] You are hereby summoned and
required to serve upon COMPLAINANT (name and address) an answer to the
complaint which is here with served upon you, within.............days after
service of this summons upon you, exclusive of the day of service. If you fail
to do so, decision by default will be taken against you for the allegations
laid in the complaint. You must also file your answer with the Clerk of this
Inquiry within a reasonable period of time after service. Name, Designation and
Signature of Commissioner/Inquiry Officer/ authenticating officer RETURN OF SERVICE Service of the Summons and
complaint/gist of allegations was made by me (NAME OF SERVER) on (DATE). Check appropriately: • Served personally at • Served by Regd. Post • Left copies thereof at
the addressee's dwelling house or usual place of abode with a person of
suitable age and description then residing therein. Name of person with whom
the summons and complaint were left: • Returned unexecuted (6) Summons for discovery and
production of documents To [Name, description of
public officer] (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] Whereas the Commission on
examination of the complaint/case/on consideration of the request made by Shri
…………………..( Name of complainant/Chief Vigilance Officer ) having been satisfied
that production of the following documents/records under your control/custody
is necessary for the purpose of the above inquiry. And therefore you are
hereby directed to produce/cause production of the said documents/records
before the Commission in original or forward duly authenticated copies thereof
on or before the …………………day of…..20……… (Enter description of
documents requisitioned) Given under my hand and
seal, this day of ......20.. [Name and Designation of
authenticating officer] for Central Vigilance
Commission RETURN OF SERVICE Service of the Summons was
made by me (NAME OF SERVER) on (DATE). Check appropriately: • Served personally at • Served by Regd. Post • Left copies thereof at
the addressee's dwelling house or usual place of abode with a person of
suitable age and description then residing therein. Name of person with whom
the summons and complaint were left: • Returned unexecuted (7) Form of oath or affirmation
to witness (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] “I do swear in the name of
God and solemnly affirm that what I shall state shall be truth, the whole truth
and nothing but the truth”. Name, Address and Signature
of Witness (8) Form of oath or affirmation
to interpreter (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] “I do swear in the name of
God and solemnly affirm that I will faithfully and truly interpret and explain
all questions put to and evidence given by witness and translate correctly and
accurately all documents given to me for translation.” Name, Address and Signature
of Interpreter (9) Form of affidavit (Title) [Inquiry under Section 11
read with Section 8(1)(d) of Central Vigilance Commission Act, 2003] Affidavit I,
…………………….aged……………..years, son/daughter/wife of …………………… (name and occupation
of the deponent)………………………………. residing at (Full address)…………………….do hereby
swear in the name of God/solemnly affirm and state as follows: Para. 1 ………………………………………………. Para. 2 ………………………………………………. Para. 3 ……………………………………………. That the contents of
Paragraph Numbers. ………………….are within my personal knowledge and contents of
Paragraph Numbers……………are based on information received by me which I believe
the same to be true (state the source of information wherever possible and the
grounds for belief, if any ). ………………………….. ………………………….. Signature of the Deponent Name in Block Letters Place: Date: Number. of corrections on
page numbers. Identified by : Before me *…………………………………………………………………………………………..Sworn/solemnly
affirmed before me on this the …………………..day of …20…………. Signature (Name and Designation of
the Attesting Authority with Seal) *To add endorsement in Form
Number, when necessary [1] Central Vigilance
Commission, Noti. No. F. No. 016/VGL/073 (E), dated January 8, 2021 and
published in the Gazette of India, Extra., Part III, Section 4, dated 29th
January, 2021, pp. 8-13, No. 45Central Vigilance Commission (Procedure for
Dealing with Complaints and Procedure of Inquiry) Regulations, 2021