The Punjab State Vigilance Commission Act 2006

PUNJAB GOVT GAZ. (EXTRA.), OCTOBER 03, 2006 81 (ASVINA 11, 1928 SAKA) PARTY I DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB Notification The 3rd October, 2006 No. 31-Leg./2006.—The following Act of the Legislature of the Stat of Punjab received the assent of the Governor of Punjab on the 29th Scpiember. 2006, and is hereby published for general information i—- THE PUNJAB STALE VIGILANCE COMMISSION ACT, 20006 (Punjab Act No. 20 of 2006) AN . ACT : to provide for the constitution of the Punjab State Vigitance Commission to inquire or cause inquiries to be conducted into offences alleged io have been committed under the Prevention of Corruption Act, 1988, by certain categorics of public servants of the State Government, corporations, established by or under any State Act, Government companies, socivdes, local autharivies, owned or controlled by the Stare Governmunt and for the matters connected therewith or incidental therceo. By it enacted by the Legislature of the State of Punjab in the Fifty seventh Year of the Republic of India as follows CHAPTER |

(1) This Act may be called the Punjab State Vigilance Commission Act, 2006. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,— (a) “Commission” means the Punjab State Vigilance Commission constituted under section 3; (b) “Government” means the Government of the State of Punjab; (c) “member” means a member of the Commission and includes the State Chief Vigilance Commissioner; (d) “public servant” means a public servant as defined in the Prevention of Corruption Act, 1988; (e) “notification” means a notification published by the Government in the Official Gazette; (f) “State” means the State of Punjab; (g) “State Chief Vigilance Commissioner” means the State Chief Vigilance Commissioner appointed under section 4.

No suit, prosecution or other legal proceedings shall lie against the Commission, the State Chief Vigilance Commissioner, the Vigilance Commissioners or the Secretary or any staff of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

(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 after the expiry of a period of two years from the commencement of this Act. (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 Government.

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.

(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 the period specified by the State Government, and on receipt of such report, the Governor shall cause a copy thereof together with a memorandum explaining the reasons for the non-acceptance, if any, of any advice of the Commission, and the reasons for such non-acceptance, to be laid before the Legislature of the State. (2) The Commission may, at any time, if it considers necessary, submit a special report to the Governor, as required by the State Government, under this Act, which shall be laid with a memorandum of the action, if any, taken, before the Legislature of the State. (3) On receipt of such report, the Governor shall cause the same to be laid before the Legislature of the State. (4) A copy of the report submitted to the Government shall also be provided to the Commission.

(1) The Commission may, by notification, make regulations in respect of: (a) any matter for which the Commission considers it necessary to make regulations for the exercise of its powers and discharge of its functions under this Act; (b) the order and the manner of the secretary or any officer of the Commission; (c) the procedure to be followed by the Commission; (d) any other matter which may be required. (2) 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 made, before the House of the State Legislature, while it is in session, for a total period of thirty 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 sessions aforesaid, the House agrees in making any modification in 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. (1) The Punjab State Vigilance Commission Ordinance, 2006 (Punjab Ordinance No. 2 of 2006), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

section §, and every rule made by the State Government, and every regulation |, 2 be a made by the Commission under this Act, shall be laid, as soon ss may be, after Logisiative | it is issued or made, before the House of the State Legislature, while it is in Assembly

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 sessions 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 fiot 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 annul- ment shall be without prejudice to the validity of anything previously done under that notification or rule or regulation. F Fower to remave 23. (1) If any difficulty, arises in giving effect to” the provisions of HEU 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 aller the expiry of a period of two years from the date of commencement of this Act 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. Appointments ct © 24. Notwithstanding anything contained in any other law for the time Same, being in force— Vigilance. ) w fa) the State Government shall appoint the Chief Director of Vigilance | for the State on the recommendation of the Committee consisting’ of— ’

1. (i) the Chief Minister, Punjab ; .. Chairperson
2. (i) the State Chief Vigilance .. Member 3 Commissioner ; and (ii6) the Chief Secretary 10 Member i Government of Punjab ; ;

1. (b) while making a recommendation, the Committee shall take into “consideration the integrity, conduct and experience of the officers eligible for appointment ; . Ck ' | (¢)"" nd person below the rank ahd scale of Directs General of | a “1S police or Additional Director General of Policé of the State shall © ooo ia de pe gppginited”as ‘a’ Chief Director of Vigilance; 0 Vd cian am a 0 hater onlays 0S i dn seah or Sluis Shin wo bse fd) the Chief Director of Vigilance shall not be transferred before he has rendered service as, such, for a minimum period of two “Provided that the Chief Dirbctor” bf Vijilidce "may be ‘vinsferred before two years with the previous consent of the Committee Jah “.« referred to in clause. (a) 3 *< fey officers of the rank of Deputy Superintendent of Police and

vr 1.s sbove, shall be appoinicd in the Vigilance Bureau on the

• • recommendation of a Commitice comprising of — atu yond) the State Chief Vigilance | 3, , Chairperson — (ii) the Chief Secretary to Government .. Member ah o +. of Punjab ; and : !

1. (iii) the Chicf Director, Vigilance «Member Bureau ; @) . on receipt of the recommendation made under clauses (a) and fe), the State Government shall pass such orders, as it thinks fit 10 give effect 10 the said recommendations. ..25. (1) Notwithstanding anything contained in any other law for the Approval of the time being in force, the Vigilance and Police Establishment shall not conduct $tte Government any inquiry or investigation into any offence alleged 10 have been committed 5 “Teegmin” 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, except with the prior approval of the State Government where the allegation relates 10,— E (a) Group “A’ officers of the State Government ; and b) such officers, as are appointed by the State Government in h corporations, established by or under any State Act, Government oh companies, societies and local authorities, owned or controlled ok by that Government. y 3 " ed oF (2) Notwithstanding anything contained in sub-section (/), no such ‘approval shall be necessary for the cases involving arrest of a person on the ~~ spot on the charge of accepting or attempting to accept any gratification other “than the’ legal ‘remuneration referred to in clause (c) of the Explanation to . section 7 of the Prevention of Corruption Act, 1988. ai 26. (1) The Punjab State Vigilance Commission Ordinance, 2006 Kepesl and saving. (Punjab Ordinance No. 8 of 2006), is hercby repealed.

1. (2) Notwithstanding such repeal, anything done or any action taken ¢ under the Ordinance referred to in sub-section (7), shall be deemed to have been done or taken under the corresponding provisions of this ‘Act.’ + + in FORM [See section S(3)] Form of cath or affirmation to be made by the State Chief Vigilance Commissioner or Vigilance Commissioner -y, . having been appointed the State Chief Vigilance Commissioner or Vigilance Commissioner of the Punjab State Vigilance Commission, do SWear in the name of God 4; [ will bear true faith and solemnly affirm allegiance to the Constitution of India as by law cstablished, that 1 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 1 will uphold the Constitution and the laws.™, MOHINDER PAL, = Secretary to Government of Punjab, 5 » Department of Legal and Legislative Affairs. 8400 LR(P)—Gowt. Press, U.T.. Chd.