( 1723 )
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 18th October, 2020
No. 25-PLA-2020/69.- the Punjab State Vigilance Commission Bill,
2020 is hereby published for general information under the proviso to rule 121
of the Rules of Procedure and Conduct of Business in the Punjab Vidhan
Sabha (Punjab Legislative Assembly):-
Bill No.25-PLA-2020
The Punjab State Vigilance Commission Bill, 2020
A
BILL
to provide for the constitution of the Punjab State 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 State Government,
bodies corporate established by or under any State Act, Government
companies, Public Sector Undertakings, Commissions, Tribunals,
Cooperative Apex Bodies, Universities, Autonomous and Semi Autonomous
Bodies, Societies, local bodies owned, managed or controlled by the State
Regd. No. NW/CH-22
Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, SUNDAY, OCTOBER 18, 2020
(ASVINA 26, 1942 SAKA)
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
(ASVN 26, 1942 SAKA)
1724
Government and for matter connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India, as follows:-
CHAPTER I
PRELIMINARY
1.
(1)
This Act may be called the Punjab State Vigilance Commission
Act, 2020.
(2)
It shall come into force on and with effect from the date of its
publication in the Official Gazette.
(3)
It shall extend to the whole of State of Punjab.
2.
In this Act, unless the context otherwise requires,-
(a)
"Commission" means the Punjab State Vigilance Commission,
constituted under sub-section (1) of section 3;
(b)
"prescribed" means prescribed by rules made under this Act;
(c)
"State Government" means the Government of the State of
Punjab ;
(d)
"State Chief Vigilance Commissioner" means the State Chief
Vigilance Commissioner, appointed under sub- section (1)
of section 4 ;
(e)
"Vigilance Commissioner" means a Vigilance Commissioner
appointed under sub-section (1) of section 4 ; and
(f)
"Vigilance and Police Establishment" means the Vigilance
Bureau of the Police entrusted with the inquiry and
investigation of an offence under the Prevention of
Corruption Act, 1988 or an offence with which a public
servant may, under the Code of Criminal Procedure, 1973,
be charged at the same trial.
CHAPTER II
THE PUNJAB STATE VIGILANCE COMMISSION
3.
(1)
There shall be constituted a body to be known as the Punjab State
Vigilance Commission to exercise the powers conferred upon, and to perform
the functions assigned to it under this Act.
Short title and
commencement.
Definations.
Constitution of
the Commission.
(2)
The Commission shall consist of –
(a)
the State Chief Vigilance
.. Chairperson
Commissioner ; and
(b)
two Vigilance
.. Members
Commissioners.
(3)
The State Chief Vigilance Commissioner shall be appointed from
amongst the persons, who have been or are serving as Judge of a High Court
or an officer in the rank and pay scale of Secretary to Government of India;
(4)
The Vigilance Commissioner shall be appointed from amongst the
persons, who have been or are in an All India Service or in any Civil Service
of the Union or State or in a civil post under the Union or State and who have
expertise and experience in matters relating to vigilance, policy making,
administration including police administration, finance including insurance and
banking and law in the rank and pay scale of the Additional Secretary to
Government of India or the Financial Commissioner of the State:
Provided that both Vigilance Commissioners shall not belong to the
same service or have exactly similar experience.
(5)
The State Government shall appoint a Secretary to the
Commission on such terms and conditions, as it deems fit to exercise such
powers and discharge such duties, as the Commission may by regulations
specify in this behalf.
(6)
The headquarters of the Commission shall be at Chandigarh.
4.
(1)
The State Chief Vigilance Commissioner and the Vigilance
Commissioners shall be appointed by the Governor by warrant under his hand
and seal:
Provided that every appointment under this sub-section shall be made
on the recommendation of a Committee consisting of –
(a)
the Chief Minister, Punjab ;
Chairman
(b)
the Speaker of the Punjab Vidhan Sabha;
Member
and
(c)
the senior-most Minister of the Council
Member
of Ministers (after the Chief Minister).
(2)
No appointment of the State Chief Vigilance Commissioner or a
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
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Appointment of
the State Chief
Vigilance
Commissioner
and the Vigilance
Commissioners.
Vigilance Commissioner shall be invalid merely by reason of any vacancy in
or any defect in the constitution of the Committee.
5.
(1)
Subject to the provisions of sub-sections (3) and (4), the State
Chief Vigilance Commissioner shall hold office for a term of five years from
the date on which he enters upon his office. The State Chief Vigilance
Commissioner, on ceasing to hold the office, shall be ineligible for reappointment
in the Commission.
(2)
Subject to the provisions of sub-sections (3) and (4), every Vigilance
Commissioner shall hold office for a term of five years from the date on
which he enters upon his office.
(3)
The State Chief Vigilance Commissioner or a Vigilance
Commissioner shall, before he enters upon his office, make and subscribe
before the Governor, or some other person appointed in that behalf by him, an
oath or affirmation in the Form, appended to this Act.
(4)
The State Chief Vigilance Commissioner or a Vigilance
Commissioner may, by writing under his hand, addressed to the Governor,
resign his office.
(5)
The State Chief Vigilance Commissioner or a Vigilance
Commissioner may be removed from his office in the manner provided in
section 6.
(6)
On ceasing to hold office, the State Chief Vigilance Commissioner
and every other Vigilance Commissioner shall not be eligible for-
(a)
any assignment or appointment, which is required by law
to be made by the Governor by warrant under his hand
and seal ; and
(b)
further employment to any office of profit under the State
Government.
(7)
The salary and allowances payable to and the other conditions of
the service of -
(a)
the State Chief Vigilance Commissioner shall be the same
as those of a Judge of the High Court; and
(b)
the Vigilance Commissioner shall be same as those of the
Additional Secretary to Government of India or the Financial
Commissioner of the State, as the case may be:
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Terms and other
conditions of
service of the
State Chief
Vigilance
Commissioner
and Vigilance
Commissioners.
Provided that if the State Chief Vigilance Commissioner or any
Vigilance Commissioner is, at the time of his appointment, in receipt of a
pension (other than a disability or wound pension) in respect of any previous
service under the Government of India or under the State Government, his
salary in respect of the service as the Chief Vigilance Commissioner or any
other Vigilance Commissioner, as the case may be, shall be reduced by the
amount of that pension including any portion of pension, which was commuted
and pension equivalent to other forms of retiral benefits, excluding pension
equivalent to retirement gratuity:
Provided further that the salary, allowances and pension payable
to and the other conditions of service of the State Chief Vigilance Commissioner
or any Vigilance Commissioner shall not be varied to his disadvantage after
his appointment.
6.
(1)
Subject to the provisions of sub-section (3), the State Chief Vigilance
Commissioner or any Vigilance Commissioner shall be removed from his office
only by order of the Governor on the ground of proven misbehavior or incapacity
after the High Court, on a reference made to it by the Governor, has, on
inquiry, reported that the State Chief Vigilance Commissioner or any Vigilance
Commissioner, as the case may be, ought on such ground be removed.
(2)
The Governor may suspend from office, and if deemed necessary,
prohibit also from attending the office during inquiry, the State Chief Vigilance
Commissioner or any Vigilance Commissioner, as the case may be, in respect
of whom a reference has been made to the High Court under sub-section (1),
until the Governor has passed orders on receipt of the report of the High
Court on such reference.
(3)
Notwithstanding anything contained in sub-section (1), the Governor
may, by order, remove from office the State Chief Vigilance Commissioner or
any Vigilance Commissioner, if the State Chief Vigilance Commissioner or
such Vigilance Commissioner, as the case may be, -
(a)
is adjudged an insolvent ; or
(b)
has been convicted of an offence which, in the opinion of the
State Government, involves moral turpitude ; or
(c)
engages during his term of office in any paid employment
outside the duties of his office ; or
(d)
is, in the opinion of the Governor, unfit to continue in office by
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
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Removal of the
State Chief
Vigilance
Commissioner
and the Vigilance
Commissioners.
1727
reason of infirmity of mind or body ; or
(e)
has acquired such financial or other interest as is likely to
affect prejudicially his functions as a State Chief Vigilance
Commissioner or a Vigilance Commissioner.
(4)
If the State Chief Vigilance Commissioner or any Vigilance
Commissioner is or becomes in any way, concerned or interested in any contract
or agreement made by or on behalf of the Government of India or participates
in the profit thereof or is any benefit or emolument arising therefrom otherwise
than as a member and is in common with the other members of an incorporated
company, he shall, for the purposes of sub-section (1), be deemed to be guilty
of misbehavior.
7.
The State Government may, in consultation with the Commission, make
rules with respect to the number of members of the staff of the Commission
and their conditions of service.
CHAPTER III
POWERS AND FUNCTIONS OF THE STATE VIGILANCE
COMMISSION
8.
(1)
The powers and functions of the Commission shall be to-
(a)
exercise superintendence and control over the functioning of
the Vigilance and Police Establishment in so far it relates to
investigation of offences alleged to have been committed under
the Prevention of Corruption Act, 1988 or offences with which
a public servant specified in sub-section (2) may, under the
Code of Criminal Procedure, 1973, be charged at the same
trial :
Provided that while exercising the powers of
superintendence, the Commission shall not exercise powers
in such a manner so as to require the Vigilance and Police
Establishment to investigate or dispose of any case in a
particular manner ;
(b)
give directions to the Vigilance and Police Establishment for
the purpose of discharging the responsibilities entrusted to it
with reference to offences alleged to have been committed
under the Prevention of Corruption Act, 1988 or offences
with which a public servant may, under the Code of Criminal
Power to make
rules for the
Staff.
Powers and
functions of the
State Vigilance
commission.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
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1728
Procedure, 1973, be charged at the same trial;
(c)
inquire or cause an inquiry or investigation to be made on a
reference made by the State Government, wherein it is alleged
that a public servant being an employee of the State
Government or a corporation, established by or under any
State Act, Government company, Public Sector undertakings,
commissions, Tribunals, Cooperative Apex bodies, Universities,
autonomous and semi-autonomous bodies, society and any
local bodies, owned or controlled by the State Government,
has committed an offence under the Prevention of Corruption
Act, 1988 or an offence with which a public servant may,
under the Code of Criminal Procedure, 1973, be charged at
the same trial;
(d)
inquire or cause an inquiry or investigation to be made into
any complaint against any official belonging to such category
of officials specified in sub-section (2) wherein, it is alleged
that he has committed an offence under the Prevention of
Corruption Act, 1988 or an offence with which a public servant
may, under the Code of Criminal Procedure, 1973 be charged
at the same trial;
(e)
review the progress of investigations conducted by the
Vigilance and Police Establishment into offences alleged to
have been committed under the Prevention of Corruption Act,
1988 or offence with which a public servant may, under the
Code of Criminal Procedure, 1973, be charged at the same
trail ;
(f)
review the progress of applications pending with the competent
authorities for sanction of prosecution under the Prevention
of Corruption Act, 1988 ; or
(g)
tender advice to the State Government, corporations,
established by or under any State Act, Government companies,
Public Sector Undertakings, Commissions, Tribunals,
Cooperative Apex bodies, Universities, autonomous and semi-
autonomous bodies, societies and local bodies, owned or
controlled by the State Government, on vigilance cases related
to the officers under its purview, and on such other matters,
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
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1729
as may be referred to it by that Government, said Government
companies, Public Sector undertakings, commissions,
Tribunals, Cooperative Apex bodies, Universities, autonomous
and semi-autonomous bodies, Societies and local bodies,
owned or controlled by the State Government ; and
(h)
exercise superintendence over the Vigilance Administration
of the various departments of the State Government or
Corporations, established by or under any State Act,
Government companies, Public Sector undertakings,
commissions, Tribunals, Cooperative Apex bodies, Universities,
autonomous and semi-autonomous bodies, societies and local
bodies, owned or controlled by that Government :
Provided that while exercising its powers to exercise
superintendence over the Vigilance Administration, the
Commission shall give due consideration to the instructions
issued by the Central Vigilance Commission, established under
the Central Vigilance Commission Act, 2003 (Central Act No.
45 of 2003).
(2)
The persons referred to in clause (d) of sub-section (1), are as
follows :-
(a)
members of All India Services or Central Services
serving in connection with the affairs of the State and
Group 'A' officers of the State Government ;
(b)
such other level of officers holding civil posts under the
State Government, as that Government may, by
notification in the Official Gazette, specify in this
behalf ; and
(c)
such level of officers of the corporations, established
by or under any State Act, Government companies,
Public Sector Undertakings, commissions, Tribunals,
Cooperative Apex bodies, Universities, autonomous and
semi-autonomous bodies, societies and other local bodies,
owned or controlled by the State Government, as that
Government may, by notification in the Official Gazette,
specify in this behalf :
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Provided that till such time a notification is issued
under sub-clauses (b) and (c), all officers of the State
Government, and the said corporations, companies,
Public Sector Undertakings,, Commissions, Tribunals,
Cooperative Apex bodies, Universities, autonomous and
semi-autonomous bodies, societies and local bodies
owned and controlled by the State Government shall be
deemed to be the persons referred to in clause (d) of
sub-section (1).
9.
(1)
The report of any inquiry undertaken by any agency on a reference
made by the Commission shall be forwarded to the Commission.
(2)
The Commission shall, on receipt of such report and after taking
into consideration any other factors relevant thereto, advise the State
Government and Corporations, established by or under any State Act,
Government companies, Public Sector Undertakings, Commissions, Tribunals,
Cooperative Apex bodies, Universities, autonomous and semi-autonomous
bodies, Societies and local bodies, owned or controlled by that Government, as
the case may be, as to the further course of action.
(3)
The State Government and the Corporations, established by or under
any State Act, Government companies, Public Sector Undertakings,
commissions, Tribunals, Cooperative Apex bodies, Universities, autonomous
and semi-autonomous bodies, Societies and other local bodies owned or
controlled by that Government, as the case may be, shall consider the advice
of the Commission and take appropriate action :
Provided that where the State Government, any Corporation,
established by or under any State Act, Government company, Public Sector
Undertakings, Commissions, Tribunals, Cooperative Apex bodies, Universities,
autonomous and semi-autonomous bodies, Society or local bodies, owned or
controlled by the State Government, as the case may be, does not agree with
the advice of the Commission, it shall, for the reasons to be recorded in writing,
communicate the same to the Commission.
10.
(1)
The proceedings of the Commission shall be conducted at its
headquarters.
(2)
The Commission shall regulate the procedure for the transaction
of its business and the allocation of business amongst the State Chief Vigilance
Report of any
inquiry made on
reference by
Commission to be
forwarded to the
Commission.
Proceedings of the
Commission
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
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1731
Commissioner and other Vigilance Commissioner by such regulations, as may
be made by it under this Act.
(3)
Save as provided in sub-section (2), all business of the Commission,
shall, as far as possible, be transacted unanimously.
(4)
Subject to the provisions of sub-section (3), if the State Chief
Vigilance Commissioner and other Vigilance Commissioners differ in opinion
on any matter, such matter shall be decided according to the opinion of the
majority.
(5) The State Chief Vigilance Commissioner, or, if for any reason, he is
unable to attend any meeting of the Commission, the senior-most Vigilance
Commissioner present at the meeting, shall preside over the meeting.
(6)
No act or proceeding of the Commission shall be invalid merely by
reason of -
(a)
any vacancy in, or any defect in the constitution of the
Commission ; or
(b)
any defect in the appointment of a person acting as the
State Chief Vigilance Commissioner or as a Vigilance
Commissioner ; or
(c) any irregularity in the procedure of the Commission not
affecting the merits of the case.
11.
(1)
If a vacancy occurs in the office of the State Chief Vigilance
Commissioner by reason of his death, resignation or otherwise, the Governor
may, by notification, authorize one of the Vigilance Commissioners to act as
the State Chief Vigilance Commissioner, until the appointment of a new State
Chief Vigilance Commissioner to fill such vacancy.
(2)
When the State Chief Vigilance Commissioner is unable to discharge
his functions owing to absence on leave or otherwise, such one of the Vigilance
Commissioners, as the Governor may, by notification, authorize in this behalf,
shall discharge the functions of the State Chief Vigilance Commissioner until
the date on which the State Chief Vigilance Commissioner resumes his duties.
12.
The Commission shall, while conducting any inquiry referred to in clauses
(c) and (d) of sub-section (1) of section 8, have all the powers of a Civil Court
trying suit under the Code of Civil Procedure, 1908 and in particular, in respect
of the following matters, namely :-
Vigilance
Commissioner
to act as a
State Chief
Vigilance
Commissioner
in certain
circumstances.
Powers relating to
inquiries.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
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1732
(a)
summoning and enforcing the attendance of any person from any
part of India and examining him on oath ;
(b)
requiring the discovery and production of any document ;
(c)
receiving evidence on affidavits;
(d)
requisitioning any public record or copy thereof from any court or
office ;
(e)
issuing commissions for the examination of witnesses or other
documents; and
(f)
any other matter which may be prescribed.
13.
All proceedings before the Commission shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian
Penal Code, 1860, and the Commission shall be deemed to be a "Civil Court"
for the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973.
CHAPTER IV
EXPENSES AND ANNUAL REPORT
14.
The expenses of the Commission, including any salaries, allowances and
pensions payable to or in respect of the State Chief Vigilance Commissioner,
the Vigilance Commissioners, Secretary and the staff of the Commission,
shall be charged on the Consolidated Fund of the State.
15.
(1)
It shall be the duty of the Commission to present annually to the
Governor a report as to the work done by the Commission within six months
of the close of the year under report.
(2)
The report referred to in sub-section (1) shall contain a separate
part on the functioning of the Vigilance and Police Establishment in so far as
it relates to the action with reference to the alleged offences under the
Prevention of Corruption Act, 1988, or offences with which a public servant
may, under the Code of Criminal Procedure, 1973, be charged at the same
trial.
(3)
On receipt of such report, the Governor shall cause the same to be
laid before the House of the State Legislature.
Proceedings
before the
Commission to be
judicial
proceedings.
Expenses of the
Commission to be
charged on the
Consolidated
Fund of the State.
Annual Report.
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CHAPTER V
MISCELLANEOUS
16.
No suit, prosecution or other legal proceeding shall lie against the
Commission, the State Chief Vigilance Commissioner, any Vigilance
Commissioner, the Secretary or against any staff of the Commission in respect
of anything, which is in good faith done or intended to be done under this Act.
17.
The State Chief Vigilance Commissioner, every Vigilance Commissioner,
the Secretary and every staff of the Commission, shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code.
18.
The Commission may call for reports, returns and statements from the
State Government or Corporations, established by or under any State Act,
Government companies, Public Sector Undertakings, Commissions, Tribunals,
Cooperative Apex Bodies, Universities, Autonomous and semi autonomous bodies,
Societies and other local bodies, owned or controlled by that Government so as
to enable it to exercise general supervision over the vigilance and anti-corruption
work in the Government and in the Government companies, Public Sector
Undertakings, Commissions, Tribunals, Cooperative Apex Bodies, Universities,
Autonomous and semi autonomous bodies, Societies and local bodies.
19.
(1)
The State Government in making any rules or regulations governing
the vigilance or disciplinary matters relating to persons, appointed to public
services and posts in connection with the affairs of the State, shall consult the
Commission.
(2)
The State Government shall while taking a decision with regard to
the action to be taken against a public servant in reference to vigilance matters,
shall consult the Commission:
Provided that regular disciplinary proceedings against an employee
shall not in any way be affected by a reference to the Commission.
20.
(1)
The State Government may, by notification in the Official Gazette,
make rules for the purpose of carrying out the provisions of this Act.
(2)
In particular, and without prejudice to the generality of the
fore-going power, such rules may provide for all or any of the following matters,
namely:-
Power to call for
information.
Consultation
with the
Commission in
certain matters.
Protection of
action taken in
good faith.
State Chief
Vigilance
Commissioner,
Vigilance
Commissioners
and staff to be
public servants.
Power to make
rules.
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1734
(a)
the number of members of the staff and their conditions of
service under section 7 ;
(b)
any other matter required under clause (f) of section 12 ; and
(c)
any other matter which is required to be, or may be prescribed.
21.
(1)
The Commission may, with the previous approval of the State
Government, by notification in the Official Gazette, make regulations not
inconsistent with this Act and the rules made there-under to provide for all
matters for which provision is expedient for the purposes of giving effect to
the provisions of this Act.
(2)
In particulars, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the following
matters, namely :-
(a)
the duties and the powers of the Secretary under sub-section
(5) of section 3 ; and
(b)
the procedure to be followed by the Commission under sub-
section (2) of section 10.
22.
Every notification issued under clause (b) of sub-section (2) of section 8,
and every rule made by the State Government, and every regulation made by
the Commission under this Act, shall be laid, as soon as may be, after it is
issued or made, before the House of the State Legislature, while it is in session,
for a total period of ten days, which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive session aforesaid, the House agrees in
making any modification in the notification or the rule or regulation, or the
House agrees that the notification or the rule or regulation, as the case may
be, should not be made, the notification or the rule or regulation shall thereafter,
have effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that notification or rule or
regulation.
23.
(1)
If any difficulty, arises in giving effect to the provisions of this Act,
the State Government may, by order, not inconsistent with the provisions of
this Act, remove the difficulty :
Provided that no order shall be made under this section after the
expiry of the period of two years from the date of commencement of this Act.
Power to make
regulations.
Notification, rule
etc. to be laid
before the
Legislative
Assembly.
Power to remove
difficulties.
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1735
(2)
Every order made under this section shall, as soon as may be after
it is made, be laid before the House of the State Legislature.
24.
Notwithstanding anything contained in any other law for the time being
in force, –
(a)
the State Government shall appoint the Chief Director of Vigilance
for the State on the recommendation of the Committee consisting
of –
(i)
the State Chief Vigilance Commissioner;
Chairperson
(ii)
the Chief Secretary to Government of
Member
Punjab; and
(iii)
the Administrative Secretary to Government
Member
of Punjab, Department of Home Affairs
and Justice;
(b)
while making a recommendation, the Committee shall take into
consideration the integrity, conduct and experience of the officers
eligible for appointment ;
(c)
no person below the rank and scale of Additional Director General
of Police of the State shall be appointed as a Chief Director of
Vigilance ;
(d)
the Chief Director of Vigilance shall continue to hold office for a
period of not less than two years:
Provided that the Chief Director of Vigilance may be
transferred before two years for reasons to be recorded in writing;
(e)
officers of the rank of Deputy Superintendent of Police and above,
shall be appointed in the Vigilance Bureau on the recommendation
of a Committee consisting of -
(i)
the State Chief Vigilance
: Chairperson
Commissioner ;
(ii)
the Chief Secretary to Government
: Member
of Punjab ; and
(iii)
the Chief Director, Vigilance Bureau ;
: Member
(f)
on receipt of the recommendation made under clauses (a) and (e),
the State Government shall pass such orders, as it thinks fit to give
effect to the said recommendations.
Appointments
etc. of officers of
Directorate of
Vigilance.
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1736
FORM
[See section 5(3)]
Form of oath or affirmation to be made by the State Chief Vigilance
Commissioner or Vigilance Commissioner
"I,
, having been appointed the State Chief Vigilance
Commissioner or Vigilance Commissioner of the Punjab State Vigilance
Commission,do swear in the name of God that I will bear true faith and solemnly affirm
to the Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India, that I will duly and faithfully and to the best
of my ability, knowledge and judgment perform the duties of my office without
fear or favour, affection or ill-will and that I will uphold the Constitution and
the laws."
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
(ASVN 26, 1942 SAKA)
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solemnly affirm
STATEMENT OF OBJECTS AND REASONS
There is a Central Vigilance Commission established under the
Central Vigilance Commission Act, 2003 to inquire or cause to be inquired into
offences alleged to have been committed by the public servants of the Central
Government under the Prevention of Corruption Act, 1988. State Government
is seriously concerned about corruption in public services as it affects timely
delivery of quality public services. There is, thus, a need to address this concern
effectively.
With this objective, It is considered necessary to establish a State
Vigilance Commission in the State of Punjab. The Commission would be a
statutory autonomous body to exercise the superintendence and control over
the functioning of Vigilance and Police establishment in respect of investigation
of offences under the Prevention of Corruption Act, 1988
(AMARINDER SINGH)
Chief Minister, Punjab
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
(ASVN 26, 1942 SAKA)
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FINANCIAL MEMORANDUM
The State Government in the department of Vigilance proposes to
constitute State Vigilance Commission on the pattern of Central Vigilance
Commission. To achieve this object, The Punjab State Vigilance Commission
Bill-2020 is being introduced in the coming session of the State Legislative
Assembly. Under the proposed law, there shall be one State Chief Vigilance
Commissioner and two Vigilance Commissioners and other establishment to
assist the State Vigilance Commission. As per tentative estimates, this will
involve non-recurring expenditure of Rs.1,11,25,000/-(One Crore Eleven Lacs
Twenty Five Thousand Rupees only) and recurring annual expenditure of
Rs.4,85,57,000/-(Four Crore Eighty Five Lacs Fifty Seven Thousand Rupees
only).
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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
(ASVN 26, 1942 SAKA)
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Section 20 & 21 of “The Punjab State Vigilance Commission Bill,
2020” empowers the State Government to make rules and regulations
respectively to carry out the purposes of this Act. The powers sought are
necessary for the proper implementation of the provisions of the Act and are
normal in nature.
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The Governor has, in pursuance of clause (1) and (3) of Article
207 of the Constitution of India, recommended to the Punjab Legislative
Assembly, the introduction and consideration of the Bill.
______________
CHANDIGARH
SHASHI LAKHANPAL MISHRA
THE 18th OCTOBER, 2020
SECRETARY.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
(ASVN 26, 1942 SAKA)
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2130/10-2020/Pb. Govt. Press, S.A.S. Nagar