In
exercise of the powers conferred by section 18 of the Jammu and Kashmir State
Vigilance Commission Act, 2011 (Act No. 1 of 2011), the Government hereby makes
the following rules, namely: (1) These rules may be
called the Jammu and Kashmir State Vigilance Commission Rules, 2019. (2) They shall come into
force on the date of their publication in the Government Gazette. In
these rules, unless there is anything repugnant in the subject or the context, (i) "Act'' means the
Jammu and Kashmir State Vigilance Commission Act, 2011 (Act No. 1 of 2011); (ii) "Complaint"
means receipt of information about corruption, malpractice or misconduct on the
part of public servant, from whatever source, constituting an offence under
the Prevention of Corruption Act, Samvat 2006 or an offence with which any
official specified in sub-section (2) of section 8 of the Act may under the
Code of Criminal Procedure, 1989 be charged at the same trial; (iii) "Complainant"
means a person who files a complaint under clause (d) of sub-section (1) of
section 8 of the Act; (iv) "Secretary"
means the Secretary of the Commission, appointed under clause (4) of section 3
of the Act; (v) All other words and
expressions used in these rules but not specifically defined shall have the
same meaning as assigned to them under the Act. Notwithstanding
anything to the contrary contained in any rule, regulation or order issued in
this behalf, the Commission shall have its offices both at Srinagar and Jammu
and shall move from Srinagar to Jammu and vice-versa on Annual Darbar Move of
offices. (1) Every complaint shall
be made as far as possible in Form 'A' appended to these rules. (2) The complaint
regarding allegations covered under section 8(1) (d) of the Act may be
presented before such officer as may be notified by the Secretary in
consultation with the Chief Vigilance Commissioner. (3) The complaint may be
presented in person, by post or through any electronic medium. Such complaint
shall be provisionally registered/entered in a separate register maintained by
the Registry of the Commission at Jammu and Srinagar. (1) The Commission shall
have a Registry in its office both at Jammu and Srinagar and each Registry
shall be headed by an Additional Registrar or Deputy Registrar as the Chief
Vigilance Commissioner may authorize in this behalf. (2) The complaints
relating to allegations falling within the ambit of clause (d) of section 8(1)
of the Act pertaining to Kashmir Division shall be filed in the Srinagar Wing
of the Commission and such complaints pertaining to Jammu Division shall be
filed in the Jammu Wing of the Commission. (3) The Commission may,
on an application made or of its own, entertain a com plaint relating to one
division at another division or transfer a pending complaint from one Registry
to another. (1) On receipt of the
complaint, the Complaints Screening Committee, headed by the Registrar and
consisting of such other officers/officials as the Chief Vigilance Commissioner
may by order specify, shall examine the complaint, affidavit and accompanied
documents and report as to whether it has been filed in accordance with the Act
and the rules. (2) If the Complaints
Screening Committee is of the opinion that the allegations leveled in the
complaint do not fall within the am bit of clause (d) of section 8(1) of the
Act or if the allegations are vague and general and prima facie unverifiable,
the Registrar may, with the approval of the Com mission, drop and file the com
plaint. (3) The references
received under clause (c) of section 8(1) of the Act shall be processed in the
Registry of the Commission and shall then be put up before the Commission for
further orders. (4) All the com plaints,
from whatever source received, shall be placed before the Commission for
appropriate orders. (5) When the complaints
are placed before the Commission, it may, after taking into consideration the
nature of each complaint, decide either to file the complaint or to send it to
the department concerned for disposal and for enquiry and report or may send it
to Anti Corruption Bureau or any other investigating agency empowered to
conduct investigations under the Code of Criminal Procedure, Samvat 1989 for
enquiry, secret verification or detailed investigation or the Commission may
decide to undertake the inquiry itself. (6) In respect of a
complaint in which the Commission decides to undertake enquiry itself, the
Registrar or any other officer of the Commission authorized in this behalf,
shall in the first instance, issue notice to the complainant in Form 'B' to
submit an affidavit in support of the complaint, if not already submitted and
to remove any other defect in the complaint within the specified period
stipulated in the notice. The Registrar may extend the time specified in the
notice for sufficient cause. (7) When the complainant
is directed to submit affidavit and/or to remove the defects within the
specified period stipulated in the notice and if the affidavit is submitted and
the defects are removed by the complainant, the complaint shall be placed
before the Com mission for further proceedings and in case the affidavit is not
submitted or the defects are not removed within such time or extended time, the
complaint may be dismissed for default of the complainant by the Commission. (8) Every person making
the complaint shall be informed of the substance of the orders passed under the
preceding rules, if no further action on the complaint is to be taken. (1) Every affidavit in
support of com plaint shall be drawn up clearly and legibly. It shall be sworn
in before a Judicial Magistrate, an Executive Magistrate, Notary Public or an
Oath Commissioner. (2) Every person making
an affidavit shall state his full name, surname, age, profession or trade and
place of residence and shall give such other particulars as will make it
possible to identify or locate him easily. The person making an affidavit shall
certify the truth and correctness of the contents of the affidavit and his name
and particulars mentioned therein. After
the complaint is registered, the Registrar or any other officer empowered in
this behalf by the Secretary shall send to the complainant an acknowledgement
of the complaint in Form "C" prescribed in the Schedule informing him
that his complaint has been registered and giving him the number of complaint. On
registration of a regular complaint, a notice in Form "D" shall be
issued to the public servant complained against requiring such public servant
to cause appearance before the Commission and submit a statement of defence
accompanied by the list of witnesses and the copies of documents which such
public servant may intend to rely upon. Any
order passed by the Commission under the Act or the rules and executed in the
name of the Com mission shall be authenticated by the Registrar or in his
absence by such person and in such manner as the Commission may, by general or
special order, from time to time, specify. The
Commission or any officer duly empowered by the Commission may administer oath
to any person examined by it during an enquiry. (1) The Commission may,
if it so requires, appoint an interpreter for its assistance, who shall be paid
at such rate as may be fixed by the Government from time to time. (2) The interpreter shall
take oath in the following form: "I,
having been appointed as Interpreter by the State Vigilance Commission do
hereby swear in the name of God/solemnly affirm that I will tell and explain
all questions put to and evidence given by witnesses and translate correctly
and accurately all documents given to me for translation." The
State Vigilance Commission may, if required for the purpose of facilitating
conduct of enquires under the Act, utilize the services of any
officer/official, agency or person having expertise in the relevant field. The
Commission or any officer authorized by it, may inspect any offices of the
Government, Local Authorities, Corporations, Government Companies or Societies
owned or controlled by the Government in connection with an enquiry or
investigation of a complaint involving an allegation falling within the ambit
of clauses (c) and (d) of subsection (1) of section 8 of the Act. (1) Where the Commission
requires any public servant or any other person to furnish information or to
produce documents under section 11 of the Act, any officer authorized by the
Commission shall issue a notice in Form 'E' prescribed in the Schedule to the
officer or authority in whose custody the file or the document is stated to be
or in whose custody that file would ordinarily be. (2) If the file or the
document is not produced or sent within the period prescribed by the officer or
authority concerned, the officer shall, in writing, direct the Head of the
Department concerned to produce the same. (3) If the file or
document is not received within 15 days of a direction issued under sub-rule
(2) above, the complaint shall be put up before the Com mission for orders. (4) Without prejudice to
the provisions of the Act, the Commission may direct the competent authority to
initiate disciplinary proceedings against such public servant or other person
who refuses or fails to produce any file or document in his custody or power
within the time stipulated in the notice issued under sub-rule (1). (5) The Secretary of the
Commission shall as far as possible return the seized record to the department
concerned in case the same is not required by the Commission during
investigation so that the functioning of the said department may not be hampered. Where
any party to an investigation before the Commission refuses, without any lawful
excuse, to produce any document in his custody or power, the Commission may
decide the matter, against him in the absence of such documents, and may
dismiss the com plaint or also strike out the defence, as the case may be, or
may make such other order as it thinks fit. If
a case is closed for default of complainant or if it is ordered to be filed or
is decided ex-parte against the public functionary, the Commission may, if
sufficient cause is shown to it, reopen the case and rehear it : Provided
that no case shall be reopened after the expiry of a period of three months
from the date of closure, filing or ex-parte decision of the case. (1) The Commission may,
subject to the provisions of the Act, issue to any person a certified copy of
an order, information or evidence other than the copy of the report of the
preliminary enquiry and the information or evidence obtained in connection with
such preliminary enquiry or investigation. (2) The party concerned
shall have to deposit necessary cost of the supply of such certified copy as
may be fixed by the Commission. The
Commission shall, in terms of provisions of clauses (a) and (b) of subsection
(1) of section 8 of the Act supervise the vigilance related work undertaken by
the Anti Corruption Bureau in the manner as prescribed hereafter in these
rules. (1) The Director, ACB
shall submit progress report on quarterly basis in all under investigation
cases or preliminary enquiries : Provided
that in case FI R is registered or Regular Departmental Action is ordered, the
Anti Corruption Bureau shall intimate it to the State Vigilance Commission : Provided
further that while exercising powers of supervision, the Commission shall not
direct the Anti Corruption Bureau to provide individual details of the case(s)
or investigate or dispose of the case in a particular manner. (1) When the Anti
Corruption Bureau concludes the investigation of the case and on the strength
of evidence having come on record, a prima facie case for commission of offence
under the Prevention of Corruption Act, Samvat 2006 is found established
against an in-service accused public servant, it shall prepare a final
investigation report and submit the same along with supporting documents to the
Government for accord of prosecution sanction. The Government shall, in such
cases seek advice of the Commission which shall be tender ed by the Commission
within a period of four weeks. In other cases, where prosecution is not
required, the Anti Corruption Bureau will intimate the Government of their
views. In case, the Anti Corruption Bureau decides to close the case, a report
in this regard shall be submitted by it to the Government. (2) A copy of the final
investigation report shall also be submitted along with case diary file to the
Commission. (3) When the Anti
Corruption Bureau concludes the investigation of the case and on the strength
of evidence having come on record, a prima facie case for commission of offence
under Prevention of Corruption Act is found established against a retired
accused public servant or in view of the evidence on record the allegations are
not established and the investigation is proposed to be concluded as not
'admitted' or 'untraced', it shall, before presenting the charge sheet or final
report in the court of competent jurisdiction, as the case may be, inform the
Commission. (1) When a reference
received under section 8(1) (c) or a complaint received under section 8 (1) (d)
of the Act is sent by the Commission to the Anti Corruption Bureau, it shall be
duty of the Anti Corruption Bureau to have the reference or the complaint
inquired into and submit a report thereof to the Commission, and in case FIR is
registered a copy of FIR shall be submitted to the SVC, for further advice and
action. (2) The Commission shall
review the progress of enquiry from Anti Corruption Bureau from time to time : Provided
that while exercising the powers of superintendence, the Commission shall not
exercise powers in such a manner so as to require the Anti Corruption Bureau to
investigate or dispose of the case in a particular manner. (1) The primary
responsibility for maintenance of purity, integrity and efficiency in the
organization shall vest in the Administrative Secretary, the Head of the
Department or the authority heading the Statutory Bodies, Corporations,
Government Companies, Societies and Local Authorities. (2) To assist the
authority heading an Administrative Department, Government Departments,
Statutory Bodies, other Corporations, Public Sector Undertakings and Societies
etc. in discharge of duties relating to Vigilance Administration, there shall
be an organized institution of Vigilance Officers who shall head the Vigilance
Wing of the organization/Department or Office concerned and provide a link
between the organization and the State Vigilance Commission. All Administrative
Secretaries of various Departments, Statutory Bodies, Local Authorities,
Corporations, Government Companies or Societies owned or controlled by the
Government shall have an officer designated as Chief Vigilance Officer (CVO) at
Administrative Department Level (Civil Secretariat) responsible for Vigilance
Administration. At Directorate/Head of Department Level, Departmental Vigilance
Officer (DVO) shall be responsible for Vigilance Administration and he shall
function directly under supervision of concerned CVO. (3) The Additional Deputy
Commissioner shall be an Ex-officio District Vigilance Officer (Distt. VO) in
respect of the offices of all Government and other departments stationed in
their respective districts. All Government Departments, Local Authorities,
Corporations, Government Companies or Societies owned or controlled by the
Government having their subordinate offices in districts shall designate an
officer to function as Additional Vigilance Officer (A VO), who shall assist
the District Vigilance Officer (Distt. VO) and the DVO in the Vigilance
Administration pertaining to their respective departments. (4) The departments and
organizations, having frequent public to be selected by the State Vigilance
Commission in consultation with the General Administration Department, shall
have a full-time CVO/DVO, who ordinarily shall not be entrusted with any other
responsibility : Provided
that the CVO/DVO shall be appointed by the Government in consultation with the
State Vigilance Commission. The
Commission shall exercise superintendence over the Vigilance Administration of
the various departments of the Government or Corporations established in the
State by or under any Central Act or the Act of State Legislature, Government
Companies, Public Sector Undertakings, Societies and Local Authorities owned or
controlled by the Government : Provided
that nothing contained in this clause shall be deemed to authorize the
Commission to exercise superintendence over the Vigilance Administration in a
manner not consistent with the directions relating to vigilance matters issued
by the Government and to confer power upon the Com mission to issue directions
relating to any policy matter. The
normal tenure of an officer appointed as CVO or DVO, as the case may be, shall
be two years extendable by a further period of one year in the same
organization, or up to a further period of two years on transfer to another
organization on completion of initial deputation tenure of three years in the
previous organization, with the approval of the Commission. (1) It shall be the duty
and responsibility of the CVOs, DVOs, Distt. VOs and A VOs to collect
intelligence about the corrupt practices committed, or likely to be committed
by the employees of their respective organizations; enquire or cause an
investigation to be made into verifiable allegations referred to him by the
Commission or reported to him by any other means and source; process enquiry
reports for further consideration of the disciplinary authority concerned;
refer the matters to the Commission for advice wherever necessary, taking steps
to prevent commission of improper practices/misconduct and also analyze functioning/performance
of the Department in reference to the Result Framework Document (RFD). (2) It shall be the duty
of CVOs, DVOs and Distt. VOs to scrutinize reports of Legislative Committees
such as Estimates Committee, Public Accounts Committee and the Committee on
Public Undertakings; audit reports; proceedings of both Houses of legislature
and complaints and allegations appearing in the press and to take appropriate
action thereon. (1) On conclusion of enquiries
by the CVOs, DVOs and Distt. VOs in respect of complaints referred to them by
the Commission or the enquiries undertaken suo moto, they shall report directly
to the Commission and shall seek advice and instructions in respect of the
Vigilance Administration, from the Commission. The CVOs, DVOs and Distt. VOs
shall adhere to the time frame, as may from time to time be fixed by an order
issued in this behalf by the Commission, in respect of submission of reports. (2) The CVOs, DVOs and
Distt. VOs shall be competent to have the cases registered in the Police
Stations falling within their respective territorial jurisdictions in respect
of complaints, which on enquiry, prima facie disclose a commission of
cognizable offence and the State Vigilance Commission shall, notwithstanding
anything contained in any other law or rules for the time being in force,
monitor and review the progress of investigation of cases registered in various
Police Stations on the basis of the reports of CVOs, DVOs and Distt. VOs. (1) The Government in
consultation with the Commission shall appoint an officer not below the rank of
Special Secretary to the Government, to be the Secretary of the Commission. (2) The other officers
and employees of the Commission shall be such as the Government may from time
to time determine, in consultation with the Chief Vigilance Commissioner. (3) The officers and
officials on deputation or by transfer from any Government Department shall be
deputed to the Commission with its prior consent. No officer or official
serving in the Commission shall be posted out without the prior consent of the
Commission. (4) For effective
supervision and monitoring of vigilance work of CVOs, DVOs and Distt. VOs, the
SVC at the end of every financial year shall send a report about the annual
performance related to vigilance work to the concerned, accepting authority of
their APRs for further appropriate action. (1) A Government employee
who is transferred to the Commission or whose services have been lent to it
shall be entitled to the salary and other allowances in the pay scale held by
him in his parent department. (2) The employees of the
Commission, other than those specified in sub-rule (1), shall be entitled to
the salary and other allowances as may be fixed by the Government at the time
of their posting in the Commission. When
any person, not in the service of the Government, is required by the Commission
to appear before it as a witness, he shall be paid travelling allowance for
journey calculated under the ordinary rules for the journey or as the
Government servant on tour and daily allowance, and for this purpose the Commission
may declare by special order the grade to which such person shall be considered
to belong accordingly to his status in life and its decision shall be final. In
case of retired Government servant called as witnesses by the Commission,
travelling allowances shall be drawn as per the grade to which they were
entitled at the time of retirement. (1) The Chief Vigilance
Commissioner may avail casual leave to the extent permissible under rules and
inform the Secretary accordingly. (2) The Chief Vigilance
Commissioner may proceed on admissible leave other than casual leave at his
discretion with prior intimation to the Hon'ble Governor. (3) The power to grant
casual leave or any other admissible leave to the Vigilance Commissioners,
Secretary and gazetted officers serving with the Commission shall vest in the
Chief Vigilance Commissioner. (4) The power to grant
leave to any other officer and official of the Commission shall vest in the
Secretary. (1) The Secretary shall
be overall in-charge of the administration over the employees of the Commission
and shall ensure efficient performance by the employees of the Commission. (2) The Secretary shall
be ex-officio Registrar of the Commission as well and shall discharge such
duties as may be entrusted to him and shall carry out the directions issued by
the Commission from time to time. (3) All correspondence of
the Commission with the Government and other departments shall be made under
the Signature of the Commission's Secretary or any other officer duly
authorized by the Secretary in this behalf. The
Commission may and is hereby empowered with full powers, in consultation with
Financial Advisor/Chief Accounts Officer, to incur expenditure in any financial
year up to an aggregate sum as authorized in the Budget estimates of that
Financial Year towards contingencies, supplies and services, T.E., medical
reimbursement, witness expenses, purchase of books and other relevant heads/detailed
heads under operation of the Commission, till such financial powers are
delegated to the Chief Vigilance Com missioner. (1) The Jammu and Kashmir
State Vigilance Commission Rules, 2013, shall stand repealed. (2) Notwithstanding such
repeal, anything done or action taken or any order issued under the rules so
repealed shall be deemed to be taken/issued under the provisions of these
rules.JAMMU
AND KASHMIR STATE VIGILANCE COMMISSION RULES, 2019
PREAMBLE