Section 3 CVC Act 2003 - Constitution of Central Vigilance Commission
Section 3 of the Central Vigilance Commission Act, 2003 provides for the constitution of the Central Vigilance Commission, commonly known as the CVC. It specifies the composition of the Commission, qualifications of the Central Vigilance Commissioner and Vigilance Commissioners, appointment of the Secretary and the headquarters of the Commission.
Section 3 at a Glance
- The Central Vigilance Commission is constituted under Section 3.
- The Central Vigilance Commissioner is the Chairperson.
- The Commission may have not more than two Vigilance Commissioners as Members.
- The Act prescribes experience and expertise requirements for appointment.
- The Central Government appoints a Secretary to the Commission.
- The headquarters of the Commission is at New Delhi.
Section 3 - Constitution of Central Vigilance Commission
The following is the statutory provision contained in Section 3 of the Central Vigilance Commission Act, 2003:
(1) There shall be constituted a body to be known as the Central Vigilance Commission to exercise the powers conferred upon, and to perform the functions assigned to it under this Act and the Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) which ceased to operate, and continued under the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD. III, dated the 4th April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 shall be deemed to be the Commission constituted under this Act.
(2) The Commission shall consist of-
(a) a Central Vigilance Commissioner - Chairperson;
(b) not more than two Vigilance Commissioners - Members.
(3) The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons-
(a) who have been or are in an All-India Service or in any civil service of the Union or in a civil post under the Union having knowledge and experience in the matters relating to vigilance, policy making and administration including police administration; or
(b) who have held office or are holding office in a corporation established by or under any Central Act or a Government company owned or controlled by the Central Government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations:
Provided that, from amongst the Central Vigilance Commissioner and the Vigilance Commissioners, not more than two persons shall belong to the category of persons referred to either in clause (a) or clause (b).
(4) The Central 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.
(5) The Central Vigilance Commissioner, the other Vigilance Commissioners and the Secretary to the Commission appointed under the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) or the Resolution of the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD. III, dated the 4th April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 shall be deemed to have been appointed under this Act on the same terms and conditions including the term of office subject to which they were so appointed under the said Ordinance or the Resolution, as the case may be.
Explanation.- For the purposes of this sub-section, the expression "term of office" shall be construed as the term of office with effect from the date the Central Vigilance Commissioner or any Vigilance Commissioner has entered upon his office and continued as such under this Act.
(6) The headquarters of the Commission shall be at New Delhi.
Meaning and Scope of Section 3
Section 3 is the constituting provision of the Central Vigilance Commission Act, 2003. In simple terms, it gives statutory recognition to the Central Vigilance Commission and lays down its basic institutional structure.
The expression "Commission" is defined in Section 2 of the CVC Act as the Central Vigilance Commission constituted under Section 3(1). Section 3 therefore forms the statutory foundation of the Commission.
Composition of the Central Vigilance Commission
Under Section 3(2), the Commission consists of the Central Vigilance Commissioner as Chairperson and not more than two Vigilance Commissioners as Members. The provision therefore establishes the composition of the statutory Commission.
The procedure governing the appointment of the Central Vigilance Commissioner and Vigilance Commissioners is dealt with separately in Section 4 of the Central Vigilance Commission Act, 2003.
Qualifications and Experience
Section 3(3) identifies the categories of experience from which the Central Vigilance Commissioner and Vigilance Commissioners may be appointed. These include persons with experience in an All-India Service, Union civil service or civil post under the Union and knowledge and experience relating to vigilance, policy making, administration or police administration.
The provision also covers persons who have held or hold office in specified corporations or Central Government companies and possess expertise and experience in fields such as finance, insurance, banking, law, vigilance and investigations.
Secretary to the Commission
Section 3(4) authorises the Central Government to appoint a Secretary to the Commission on such terms and conditions as it considers appropriate. The Secretary exercises the powers and performs the duties that may be specified by the Commission through regulations.
Continuity of the Earlier Commission
Sections 3(1) and 3(5) contain transitional provisions intended to maintain institutional continuity from the Central Vigilance Commission that existed under the earlier Ordinance and Government resolutions to the statutory Commission constituted under the 2003 Act.
Headquarters of the CVC
Section 3(6) expressly provides that the headquarters of the Central Vigilance Commission shall be at New Delhi.
Related Provisions of the CVC Act
Section 3 should be read with Section 4 on appointment, Section 5 on terms and conditions of service, Section 6 on removal and Section 8 on the functions and powers of the Central Vigilance Commission.
Official Legal Resources
This page reproduces and explains Section 3 of the Central Vigilance Commission Act, 2003 for legal information and reference. For authoritative statutory text and subsequent amendments, refer to the official India Code database.