JAMMU AND KASHMIR STATE VIGILANCE COMMISSION (AMENDMENT) ACT, 2018

Preamble - JAMMU AND KASHMIR STATE VIGILANCE COMMISSION (AMENDMENT) ACT, 2018

THE JAMMU AND KASHMIR STATE VIGILANCE COMMISSION (AMENDMENT) ACT, 2018

[Act No. 21 of 2018]

[25th October, 2018]

PREAMBLE

An Act to amend the Jammu and Kashmir State Vigilance Commission Act, 2011.

In exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated 20th June, 2018, the Governor is pleased to enact as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the Jammu and Kashmir State Vigilance Commission (Amendment) Act, 2018.

 

(2)     It shall come into force from the date of its publication in the Government Gazette.

Section 2 - Amendment in section 2, Act No. I of 2011

In section 2 of the Jammu and Kashmir State Vigilance Commission Act, 2011 (hereinafter referred to as 'the principal Act'),--

(I)      for clause (a), the following clauses shall be substituted, namely:--

"(a) "Anti-Corruption Bureau" means Anti-Corruption Bureau established under sub-section (1) of section 10 of the Prevention of Corruption Act, Samvat 2006;

"(aa) "Chief Vigilance Commissioner" means the Chief Vigilance Commissioner appointed under sub-section (1) of section 4;"

(II)     clause (c) shall be substituted by the following clause, namely:--

"(c) "Director", shall mean the Director of Anti-Corruption Bureau appointed under section 22;" and

(III)   clause (j) shall be omitted.

Section 3 - Amendment in section 4, Act No. I of 2011

In section 4 of the principal Act, in sub-section (1), in explanation thereto, the sign full-stop (.) at the end shall be substituted by the sign colon (:), and thereafter following proviso shall be added, namely:--

"Provided that during the continuation of Proclamation under section 92 of the Constitution of Jammu and Kashmir or under Article 356 of the Constitution of India, as applicable to State of Jammu and Kashmir, the composition of the Committee shall be as under--

(a)      Advisors to the Governor (not more than three) to be nominated by the Governor, one of whom shall be nominated as Chairperson of the Committee.

 

(b)  Chief Secretary shall be the Member-Secretary of the Committee."

Section 4 - Amendment in section 8, Act No. I of 2011

In section 8 of the principal Act, in sub-section (1),--

(i)       for the words, "Vigilance Organization", wherever occurring, the words, "Anti-Corruption Bureau", shall be substituted.

 

(ii)      in clause (b), in the proviso thereto, the sign semi-colon (;) shall be substituted by the sign colon (:) and thereafter following proviso shall be inserted, namely:--

"Provided that the powers to exercise superintendence over the functioning of Anti-Corruption Bureau under clause (a) or giving direction under this clause to the Anti-Corruption Bureau shall be exercised by the Commission in such manner as may be prescribed."; and

(iii)     after clause (d), the following proviso shall be inserted, namely:--

"Provided that if the Commission causes an inquiry or investigation to be made by the Anti-Corruption Bureau under clause (c) or clause (d), the Anti-Corruption Bureau shall submit a report to the Commission in such manner as may be prescribed."

Section 5 - Amendment in section 22, Act No. I of 2011

In section 22 of the principal Act,--

(i)       in the marginal heading, for the words, "Vigilance Organization", the words, "Anti-Corruption Bureau" shall be substituted; and

 

(ii)      for the words, "Director of Vigilance", wherever occurring, the words, "Director of Anti-Corruption Bureau" shall be substituted."