Section 25 Appointments, etc., of officers of Directorate of Enforcement: CVC Act 2003

Section 25 of Central Vigilance Commission Act 2003: Appointments, etc., of officers of Directorate of Enforcement

Notwithstanding anything contained in the Foreign Exchange Management Act, 1999 (42 of 1999) or any other law for the time being in force,-

(a) the Central Government shall appoint a Director of Enforcement in the Directorate of Enforcement in the Ministry of Finance on the recommendation of the Committee consisting of-

(i) the Central Vigilance Commissioner - Chairperson;

(ii) Vigilance Commissioners - Members;

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

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

(v) Secretary to the Government of India in-charge of the Department of Revenue, Ministry of Finance in the Central Government - Member;

(b) while making a recommendation, the Committee shall take into consideration the integrity and experience of the officers eligible for appointment;

(c) no person below the rank of Additional Secretary to the Government of India shall be eligible for appointment as a Director of Enforcement;
 

 

(d) a Director of Enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office;

(e) a Director of Enforcement shall not be transferred except with the previous consent of the Committee referred to in clause (a);

(f) the Committee referred to in clause (a) shall, in consultation with the Director of Enforcement, recommend officers for appointment to the posts above the level of the Deputy Director of Enforcement and also recommend the extension or curtailment of the tenure of such officers in the Directorate of Enforcement;

(g) on receipt of the recommendation under clause (f), the Central Government shall pass such orders as it thinks fit to give effect to the said recommendation. 

Central Vigilance Commission Act 2003

Section 2 Definitions

Section 3 Constitution of Central Vigilance Commission

Section 4 appointment of Central Vigilance Commissioner and Vigilance Commissioners

Section 5 Terms and other conditions of service of Central Vigilance Commissioner

Section 6 Removal of Central Vigilance Commissioner and Vigilance Commissioner

Section 7 Power to make rules by Central Government for staff

Section 8 Functions and powers of Central Vigilance Commission

Section 8A Action on preliminary inquiry in relation to public servants

Section 8B Action on investigation in relation to public servant

Section 9 Proceedings of Commission

Section 10 Vigilance Commissioner to act as Central Vigilance Commissioner in certain circumstances

Section 11 Power relating to inquiries

Section 11A Director of Inquiry for making preliminary inquiry, Section 12 Proceedings before Commission to be judicial proceedings

Section 13 Expenses of Commission to be charged on the Consolidated Fund of India, Section 14 Annual Report

Section 15  Protection of action taken in good faith, Section 16 Central Vigilance Commissioner, Vigilance Commissioner and staff to be public servants

Section 17 Report of any inquiry made on reference by Commission to be forwarded to that Commission

Section 18 Power to call for information, Section 19 Consultation with Commission in certain matters

Section 20  Power to make rules, Section 21 Power to make regulations

Section 22 Notification, rule, etc., to be laid before Parliament, Section 23 Power to remove difficulties

Section 24 Provisions relating to existing Vigilance Commission

Section 25 Appointments, etc., of officers of Directorate of Enforcement

Section 26 Amendment of Act 25 of 1946 - In the Delhi Special Police Establishment Act, 1946

Section 27 Repeal and saving