(7) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by order, not inconsistent with the provisions of (his Ordinance, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Ordinance.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
24. With effect from the appointed day the Central Vigilance Commission set up by the Resolution of the Government of India in the Ministry of Home Affairs No.
24/7/64-AVD dated the 11th February, 1964 (hereafter referred to in this section as the existing Vigilance Commission) shall, insofar as its functions are not inconsistent with the provisions of this Ordinance, continue to discharge the said functions and,—
(a) all actions and decisions taken by the existing Vigilance Commission insofar as such actions and decisions arc relatable to the functions of the Commission constituted under this Ordinance (hereafter referred to in this section as the new Commission) shall be deemed to have been taken by the new Commission;
Power to make regulations.
Notification, rule, etc., to be kid before Parliament.
Power to remove difficulties.
Provisions relating to existing Vigilance Commission.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Appointments, etc., of officers of Directorate of Enforcement.
Amendment of Act 25 of 1946.
(b) all proceedings pending before the existing Vigilance Commission, insofar as such proceedings relate to the functions of the new Commission, shall be deemed to be transferred to the new Commission and shall be dealt with in accordance with the provisions of this Ordinance;
(c) the employees of the existing Vigilance Commission shall be deemed to have become the employees of the new Commission on the same terms and conditions;
(d) all the assets and liabilities of the existing Vigilance Commission shall be transferred to the new Commission.
25. Notwithstanding anything contained in the Foreign Exchange Regulation Act, 1973 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) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the Central Government — Member;
(iii) Secretary to the Government of India in-charge of the Ministry of Personnel in the Central Government — Member;
(iv) Secretary to the Government of India in-charge of the Department of Revenue, Ministry of Finance in the Central Government — Member;
(b) no person below the rank of Additional Secretary to the Government of India shall be eligible for appointment as a Director of Enforcement;
(c) 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;
(d) a Director of Enforcement shall not be transferred except with the previous consent of the Committee referred to in clause (a);
(e) the Committee referred to in clause (a) shall recommend officers for appointment to the posts of the level above the Deputy Director of Enforcement and also recommend the extension or curtailment of the tenure of such officers in the Directorate of Enforcement;
(f) on receipt of the recommendation under clause (e), the Central Government shall pass such order as it thinks fit to give effect to the said recommendation.
26. In the Delhi Special Police Establishment Act, 1946, with effect from the appointed day—
(a) after section 1, the following section shall be inserted, namely: — 46 of 1973.
SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 11 49 of 1988.
61 of 1951.
" 1 A. Words and expressions used herein and not defined but defined in the Central Vigilance Commission Ordinance, 1999, shall have the meanings, respectively, assigned to them in that Ordinance.";
(b) for section 4, the following sections shall be substituted, namely:— "4. (1) The superintendence of the Delhi Special Police Establishment insofar as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988, shall vest in the Commission.
(2) Save as otherwise provided in sub-section (1), the superintendence of the said police establishment in all other matters shall vest in the Central Government.
(3) The administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government (hereinafter referred to as the Director) who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector-General of Police in respect of the police force in a State as the Central Government may specify in this behalf.
4A. (7) The Central Government shall appoint the Director on the recommendation of the Committee consisting of—
(a) the Central Vigilance Commissioner — Chairperson;
(b) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the Central Government — Member;
(c) Secretary to the Government of India in charge of the Ministry of Personnel in the Central Government — Member.
(2) While making any recommendation under sub-section (1), the Committee shall consider the views of the Director.
(3) The Committee shall recommend a panel of officers—
(a) on the basis of seniority, integrity and experience in the investigation of anti-corruption cases; and
(b) chosen from amongst officers belonging to the Indian Police Service constituted under the All-India Services Act, 1951, for being considered for appointment as the Director.
4B. (7) The Director shall, notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office.
(2) The Director shall not be transferred except with the previous consent of the Committee referred to in sub- section (1) of section 4A.
Interpretation section.
Superintendence and administration of Special Police Establishment.
Committee for appointment of Director.
Terms and conditions of service of Director.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Appointment for posts of Joint Director and above, extension and curtailment of their tenure, etc.
Repeal and saving.
4C. (7) The Committee referred to in section 4A shall, after consulting the Director, recommend officers for appointment to the posts of the level of Joint Director and above and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment.
(2) On receipt of the recommendation under sub-section (7), the Central Government shall pass such order as it thinks fit to give effect to the said recommendation.".