(1) In the event o f the occurrence o f any vacancy 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 o f the Vigilance Commissioners as the Governor may, by notification, authorize in this behalf shall discharge the functions o f the State Vigilance Commissioner until the date on which the State Chief Vigilance Commissioner resumes his duties.
Power relating to inquiries
12. The Commission shall, while conducting any inquiry referred to in Central clauses (b) and (c) of sub section (1) o f section 8, have all the powers of A ct 5 a civil court trying a suit under the Code of Civil Procedure, 1908 and °gOg in particular, in respect of the following matters, namely-
(a) summoning and enforcing the attendance o f any person from any part of India and examining him on oath;
(b) requiring the discovery and production o f any document
(c) receiving evidence on affidavits;
20 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013
(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.
Proceedings before Commission to be judicia l proceedings
13. 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 and every proceeding within the meaning of Sections 193 and 228 and for the purposes of Section 196 of the Indian Penal Code.
Central Act 2 o f 1974 Central Act 45 o f
1860.
CHAPTER IV EXPENSES AND ANNUAL REPORT Expenses o f Commission to be charged on the Consolidated Fund o f the State.
Annual Report.
14. T fc 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 o f the Commission, shall be charged on the Consolidated Fund of the State.
Protection o f action taken in good faith.
State chief Vigilance Commissioner, State Vigilance Commissioners and Staff to be public servants.
IS. (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 Central separate part on the functioning of the Vigilance and A ct 49 o f 1988Police Establishment in so far as it relates to 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 Central Act 2
(3) On receipt o f such report, the Governor shall cause the same to be laid before the Assam Legislative Assembly.
o f 1974
16.
(4) A copy of the report submitted to the Governor shall be submitted to the Central Vigilance Commission.
CHAPTER V MISCELLANEOUS 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 Centra!
Commissioner, the Secretary and every staff of the Act 45 Commission shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
o f I860 THE ASSAM GAZETTE EXTRAORDINARY JANUARY 7, 2013 21 Power to call for information.
Consultation with Commission in certain matters.
Power to make rules.
Power to make regulations.
Notification, 22 rule, etc. to be laid before Assembly.
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, societies and other local authorities owned or controlled by that Government so as to enable it to exercise general supervision over the vigilance and anticorruption work in that Government and in the said corporations, Government companies, societies and local authorities.
19. The State Government shall 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 consult the Commission.