Functions and powers of the Central Vigilance Commission Under the Central Vigilance Commission Act, 2003

• Exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988; or an offence under the Cr.PC for certain categories of public servants – [Section 8(1)(a)]

• Give directions to the Delhi Special Police Establishment (CBI) for superintendence insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988 – [Section 8(1)(b)]

• To inquire or cause an inquiry or investigation to be made on a reference by the Central Government – [Section 8(1)(c)]

• To inquire or cause an inquiry or investigation to be made into any complaint received against any official belonging to such category of officials specified in sub-section 2 of Section 8 of the CVC Act, 2003 – [Section 8(1)(d)]

• Review the progress of Investigations conducted by the DSPE into offences alleged to have been committed under the Prevention of Corruption Act, 1988 or an offence under the Cr.PC – [Section 8(1)(e)]

• Review the progress of the applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988 – [Section 8(1)(f)]

• Tender advice to the Central Government and its organisations on such matters as may be referred to it by them – [Section 8(1)(g)]

• Exercise superintendence over the vigilance administrations of the various Central Government Ministries,Departments & Organisations of the Central Government–[Section 8(1)(h)]

• Shall have all the powers of a Civil Court while conducting any inquiry – [Section 11]

• Respond to Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All India Services – [Section 19]

• Preparation and presentation of Commission’s Annual Report to the President and to be placed before the Parliament. [Section 14 of CVC Act].

• To tender appropriate advice in respect of Investigation Report called for by the Commission [Section 17 of CVC Act, 2003].

• To call for periodical reports , returns and statements – to exercise general supervision over vigilance and anti-corruption work in the Goverment and its organizations
[Section 18 of CVC Act , 2003]

• The Central Government shall appoint Director of Enforcement on the recommendation of the Committee consisting of :-

(i) Central Vigilance Commissioner -Chairperson,

(ii) Vigilance Commissioners -Members

(iii) Secretary to the Government of India in charge of the Ministry of Home Affairs- Member

(iv) Secretary to the Government of India in charge of the Ministry of Personnel- Member

(v) Secretary to the Government of India in charge of the D/o Revenue, M/o Finance- Member

[Section 25 of CVC Act 2003]

•The Committee which recommends appointment of Director of Enforcement shall, in consultation with the Director of Enforcement recommend officers for the post above the level of Deputy Director of Enforcement and also recommend the extension or curtailment of the tenure of such officers.

[Section 25 of CVC Act 2003]

• Appointment, extension and curtailment of the tenure of officers of the level of Superintendent of Police and above in CBI (except Director, CBI) to be done on the recommendations of the committee consisting of :-

(a) Central Vigilance Commissioner- Chairperson,

(b) Vigilance Commissioners - Members

(d) Secretary to the Government of India in charge of the Department of Personnel - Member

[Section 26 of CVC Act 2003]