(1) Subject to the provisions of sub-section (3) the State Chief Vigilance Commissioner or any Vigilance Commissioner shall be removed from his office only by order o f the Governor on the ground of proved misbehavior or incapacity after the High Court, on a reference made to it by the Governor, has, on inquiry, reported that the State Chief Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought on such ground be removed.
(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the High Court under sub-section (1) until the Governor has passed orders on receipt o f the report of the High Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Vigilance Commissioner or any Vigilance Commissioner if the State Chief Vigilance Commissioner or such Vigilance Commissioner, as the case may be -
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or Power to make rules by the State Government for staff.
(d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity o f mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a State Chief Vigilance Commissioner or a Vigilance Commissioner.
(4) If the State Chief Vigilance Commissioner or any Vigilance Commissioner is or becomes in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or State Government or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty or misbehavior.
7. The State Government may, in consultation with the Commission, make rules with respect to the number o f members of the staff of the Commission and their conditions o f service.
THE ASSAM GAZETTE. EXTRAORDINARY. JANUARY 7. 2013 17
CHAPTER KI FUNCTIONS AND POWERS OF THE STATE VIGILANCE COMMISSION Functions and 8. (I) The functions and powers of the Commission shall be topowers o f the State Vigilance Commission
(a) exercise superintendence over the functioning of the Vigilance and Police Establishment in so far as it relates to the investigation of the Prevention of Corruption Act, 1988 or offences with which a public servant specified in sub-section (2) may under the Code of Criminal Procedure, 1973, be charged at the same trial;
(b) give directions to the Vigilance and Police Establishment for the purpose of discharging the responsibilities entrusted to it with reference to offences alleged to have been committed under the Prevention of Corruption Act, 1988 or offences with which a public servant may under the Code of Criminal Procedure, 1973, • be charged at the same trial;
( c) inquire or cause an inquiry or investigation to be made on a reference made by the State Government where in it is alleged that a public servant being an employee of the State Government or a corporation established by or under any State Act Government company society and any local authority owned or controlled by that Government has committed an offence under the Prevention of Corruption Act, 1988 or an offence with which a public servant may under the Code o f Criminal Procedure, 1973, be charged at the same trial;
(d) Subject to the provisions of section 25 o f this Act, inquire or cause an inquiry or investigation to be made into any complaint against any official belonging to such category o f officials ( specified in Sub-section (2) wherein it is alleged that he has committed an offence under the Prevention of Corruption Act 1988 or an offence with which a public servant specified in sub section (2) may under the Code of Criminal Procedure, 1973, be charged at the same trial;
(e) review the progress of investigations conducted by the Vigilance and Police Establishment into offences alleged to have been committed under the Prevention of Corruption Act, 1988 or offences with which a public servant may, under the Code of Criminal Procedure, 1973, be charged at the same trial;
(f) review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988;
(g) tender advice to the State Government corporations established by or under any State Act, Government companies, societies and local authorities owned or controlled by the State Government on Vigilance cases related to the officers under its purview and on such other matters as may be referred to it by that Government, said Government companies, societies and local authorities owned or controlled by the State Government or otherwise;
Central Act 49 o f 1988 Central Act 2 o f 1974 Central Act 2 o f
1974.
Central Act 49 o f 1988 Central Act 2 o f 1974 Central Act 2 o f 1974 Central Act 49 o f 1988 Central Act 49 o f
1988.
18 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013
(h) exercise superintendence over the vigilance admini stration of the various Departments of the State Government or corporations established by or under any State Act, Government companies, societies and local authorities owned or controlled by that Government;
Provided that while exercising its powers to exercise superintendence over the Vigilance Administration, the Commission shall give due consideration to the instructions issued by the Central Vigilance Commission established under the Central Vigilance Commission Act, 2003, with regard to the Central Government.
(2) Subject to the provisions of section 25 of this Act, the persons referred to in clause (d) of sub-section (1) are as follows:-
(a) members of All-India Services serving in connection with the affairs of the State and Class I officers of the State Government;
Central Act 45 o f 2003
(b)
(c) such other level of officers holding civil posts under the State as that Government may by notification in the official Gazette specify in this behalf;
such level of officers of the corporations established by or under any State Act, Government companies, societies and other local authorities, owned or controlled by the State Government as that Government may, by notification in the Official Gazette, specify in this behalf;
Report o f any 9, inquiry made on reference by Commission to be forwarded to the Commission.
Provided that till such time a notification is issued under sub-clauses (b) and (c) all officers o f the State, and the said corporations, companies, societies and local authorities shall be deemed to be the persons refer red, to in clause (d) of sub-section (1) • >
(1) The report of any inquiry undertaken by any agency on a reference made by the Commission shall be forwarded to the Commission,
(2) The Commission shall on receipt of such report and after taking into consideration any other factors relevant thereto, advise the State Government and corporations established by or under any State Act, Government companies, societies and local authorities owned or controlled by the Government, as the case may be, as to the further course of action.
(3) The State Government and the corporations established by or under any State Act, Government companies, societies and other local authorities owned or controlled by that Government, as the case may be, shall consider the advice of the Commission and take appropriate action:
Provided that where the State Government any corporation established by or under any State Act, Government company, society or local authority owned or controlled by the State Government, as the case may be, does not agree with the advice o f the Commission, it shall, for reasons to be recorded in writing, communicate the same to the Commission.
THE ASSAM GAZETTE EXTRAORDINARY. JANUARY 7, 2013 19 Proceedings o f Commission