The Assam State Vigilance Commission Act, 2010
Registered No.-768/97

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## THE ASSAM GAZETTE

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### EXTRAORDINARY

PUBLISHED BY THE AUTHORITY

»R5, WV’p , C^rrsi^R, 7 w p rt^, 2013, 1 7 ^ , 1934 p ff)

No.5, Dispur, Monday, 7th January, 2013, 17th Pausa, 1934 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH

**NOTIFICATION**

The 7th January, 2013

**No. LGL.15/2009/67.-The following Act of the Assam Legislative Assembly which received**

          - the assent of the President is hereby published for general information.

#### ASSAM ACT NO. I OF 2013

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##### (Received the assent of the President on 21st December, 20^2)

#### THE ASSAM STATE VIGILANCE COMMISSION ACT, 2010


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12 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013

**AN**

**ACT**

to provide for the constitution of the Assam State Vigilance Commission to inquire or cause inquiries to

be conducted into offences alleged to have been committed under the Prevention of Corruption AcC

1988 by certain categories of public servants of the State Government, corporations established by or

under any State Act, Government companies, societies and local authorities owned or controlled by the

State Government and for matters connected therewith or incidental thereto;

It is hereby enacted in the Sixty-first Year of the Republic of India as follows:-

#### CHAPTER -I

Preliminary

#### 1. (1) This Act may be called the Assam State Vigilance

**extent and** Commission Act, 2010

**commencement.**

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State

Government may, by notification in the Official
Gazette, appoint,

**Definitions** 2, In this Act, unless the context otherwise requires -

(a) "State Chief Vigilance Commissioner” means the
Assam State Vigilance Commissioner appointed
under sub-section (1) of section 4;

(b) “Commission” means the Assam State Vigilance

Commission constituted under sub-section (1) of
section 3;

(c) “Vigilance and Police Establishment” means the **Central Act 49**

Vigilance Department or the Police charged with **o f 1988, Central**
the inquiry and investigation of an offence under **Act 2 of 1974.**
the Prevention of Corruption Act, 1988 or an

' offence with which a public servant may, under the

Code of Criminal Procedure, 1973, be charged at
the same trial;

(d) “Government company” means a Government **Central Act 1**

company within the meaning of the Companies Act, **of 1956**

1956


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THE ASSAM GAZETTE EXTRAORDINARY JANUARY 7. 2013 13

(e) “prescribed” means prescribed by rules made under
this Act;

(f) “State Government” means the Government of

Assam;

(g) “Vigilance Commissioner” means a Vigilance
Commissioner appointed under sub section (1) of
section 4

CHAPTER II

THE ASSAM STATE VIGILANCE COMMISSION

Constitution 3. (1) There shall be constituted a body to be known as the Assam State

of the Assam Vigilance Commission to exercise the powers conferred upon, and to
State perform the functions assigned to it under this Act.
Vigilance
Commission (2) The Commission shall consist of -

(a) State Chief Vigilance Commissioner - Chairperson

(b) not more than two Vigilance Commissioners                                - Members

(3) the State Chief Vigilance Commissioner and the Vigilance
Commissioner shall be appointed from amongst persons-

(a) who have been or are in an All India Service having
knowledge and experience in matters relating to policy
making and administration

(b) who have been or are in an All-India Service or in any

civil service of the State or in a civil post under the State
Government and who have expertise and experience in
finance including insurance and banking, law, vigilance
and investigations:

_Provided that, from amongst the State Chief_

_Vigilance_ _Commissioner_ _and_ _the_ _Vigilance_

_Commissioners, not more than two persons shall belong_
_to the category o f persons referred to either in clause (a)_

_or clause (b):_

_Provided further that such person shall be eligible_

_for_ _appointment_ _o f the_ _State_ _Chief Vigilance_

_Commissioner if he has been or is in All India Service_
_held or holding the post not below the rank o f Additional_

_Chief Secretary to the Government o f a State.'_

_Provided also that such persons shall be eligible_

_for appointment o f Vigilance Commissioner if he has_

_been or is in All India Service held or holding the post_
_not below the rank o f Commissioner and Secretary to the_

_State Government._

(4) The State 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.


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14 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013

(5) The headquarters of the Commission shall beat Guwahati

**Appointment of** **4.** (1) The State Chief Vigilance Commissioner and the
**State Chief** Vigilance Commissioners shall be appointed by the
**Vigilance**
**Commissioner** Governor by warrant under his hand and seal:
**and Vigilance**
**Commissioners**

_Provided that every appointment under this sub­_

_section_ _shall_ _be_ _made_ _after_ _obtaining_ _the_

_recommendation o f a Committee consisting o f -_

(a) the Chief Minister, Chairperson.

(b) the Leader of the Opposition

in the State Assembly Member.

( c) a Cabinet Minister to be

nominated by the Chief Minister. Member.

_Explanation_ For the purposes of this sub-section, “the

Leader of the Opposition in the State Assembly” shall,
when no such Leader has been so recognized, include the
Leader of the single largest group in the opposition of the
Government in the Legislative Assembly.

(2) No appointment of the s[ State ] Chief Vigilance

Commissioner or a Vigilance Commissioner shall be
invalid merely by reason of any vacancy in the
Committee.

**Terms and other** 5. (1) Subject to the provisions of sub-sections (3) and (4), the
**conditions of** State Chief Vigilance Commissioner shall hold office for
**service of State**
**Chief Vigilance** a term of four years from the date on which he enters upon
**Commissioner** his office or till he attains the age of sixty-five years,
**and State** whichever is earlier. The State Chief Vigilance
**Vigilance** Commissioner, on ceasing to hold the office, shall be
**Commissioners.** ineligible for reappointment in the Commission.

(2) Subject to the provisions of sub-sections (3) and (4) of
section 3, every Vigilance Commissioner shall hold office
for a term of four years from the date on which he enters
upon his office or till he attains the age of sixty-five years,
whichever is earlier.

_Provided that every Vigilance Commissioner, on_

_ceasing to hold the office, shall be eligible for_
_appointment as the State Chief Vigilance Commissioner_
_in the manner specified in sub-section (1) o f section 4:_

_Provided further that the term o f the Vigilance_

_Commissioner, if appointed as the State Chief Vigilance_
_Commissioner, shall not be. more that four years in_
_aggregate as the Vigilance Commissioner and the State_
_Chief Vigilance Commissioner._


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THE ASSAM GAZETTE. EXTRAORDINARY,-JANUARY 7, 2013 15

**(3)** **The State Chief Vigilance Commissioner or a Vigilance**
**Commissioner shall, before he enters upon his office,**
**make and subscribe before the Governor, or some other**
**person appointed in that behalf by him, and oath or**
**affirmation according to the form set out for the purpose**
**in Schedule to this Act.**

**(4)** **The State Chief Vigilance Commissioner or a Vigilance**
**Commissioner may, by writing under his hand addressed**
**to the Governor, resign his office.**

**(5)** **The State Chief Vigilance Commissioner or a Vigilance**
**Commissioner may be removed from his office in the**
**manner provided in section 6.**

**(6)** **On ceasing to hold office, the State Chief Vigilance**
**Commissioner and every other vigilance Commissioner**
**shall be ineligible for -**

**(a)** **any** **assignment** **or** **appointment** **which** **is**

**required by law to be made by the Governor or**
**President by warrant under his hand and seal.**

**(b)** **further employment to any office o f profit under**
**the Government o f the State.**

**(7)** **The Salary and allowances payable to and the other**

**conditions of service o f —**

**(a)** **the State Chief Vigilance Commissioner-shall**
**be the same as those o f the Chairman o f the**
**Assam Public Service Commission.**

**(b)** **the Vigilance Commissioner shall be the same**

**as those o f a Member o f the Assam Public**
**Service Commission;**

**_Provided_** **_that_** **_i f_** **_the_** **_State_** **_C hief_** **_Vigilance_**

**_Commissioner or any Vigilance Commissioner is, at the_**

**_time o f his appointment, in receipt o f a pension (other_**
**_than a disability or wound pension) in respect o f any_**

**_previous service under the Government o f India or under_**

**_the Government o f a State his salary in respect o f the_**
**_service as the State C hief Vigilance Commissioner or any_**

**_Vigilance Commissioner shall be reduced by the amount_**

**_o f that pension including any portion o f pension which_**

**_was commuted and pension equivalent o f other forms o f_**
**_retirement_** **_benefits_** **_excluding pension_** **_equivalent o f_**

**_retirement gratuity:_**

**_Provided further that i f the State C h ief Vigilance_**

**_Commissioner or any Vigilance Commissioner is, at the_**
**_time o f his appointment, in receipt o f retirement benefits_**
**_in_** **_respect o f any previous_** **_service_** **_rendered in a_**

**_corporation established by or under any State Act or a_**
**_Government company owned or controlled by the State_**
**_Government, his salary in respect o f the service as the_**

**_State Chief Vigilance Commissioner or, as the case may_**

**_be, the Vigilance Commissioner shall be reduced by the_**

**_amount o f pension equivalent to the retirement benefits:_**


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THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013

_Provided also that the salary, allowances and_

_pension payable to and the other conditions o f service of_

_the State Chief Vigilance Commissioner or any Vigilance_
_Commissioner shall not be varied to his disadvantage_
_after his appointment._

_Explanation:- The Salary and allowances o f in-service_
_officers as appointed shall be guided by their existing_

_provisions._

Removal of **_6._** (1) Subject to the provisions of sub-section (3) the State Chief
State Chief

Vigilance Commissioner or any Vigilance Commissioner shall be

Vigilance
Commissioner removed from his office only by order of the Governor on the
and Vigilance ground of proved misbehavior or incapacity after the High Court,
Commissioners- 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 of 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

(d) is, in the opinion of the Governor, unfit to continue in
office by reason of infirmity of 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.

Power to make 7. The State Government may, in consultation with the Commission, make
rules by the

rules with respect to the number of members of the staff of the

State

Commission and their conditions of service.

Government for
staff.


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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 to-

powers o f the
State Vigilance

Commission

(a) exercise superintendence over the functioning of the Vigilance Central
and Police Establishment in so far as it relates to the Act 49

of

investigation of the Prevention of Corruption Act, 1988 or

1988

offences with which a public servant specified in sub-section (2) Central
may under the Code of Criminal Procedure, 1973, be charged at Act 2
the same trial; o f

1974

(b) give directions to the Vigilance and Police Establishment for the Central
purpose of discharging the responsibilities entrusted to it with Act 2

o f

reference to offences alleged to have been committed under the

1974.

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 Central
reference made by the State Government where in it is alleged Act 49

o f

that a public servant being an employee of the State Government

1988

or a corporation established by or under any State Act Central
Government company society and any local authority owned or Act 2
controlled by that Government has committed an offence under o f
the Prevention of Corruption Act, 1988 or an offence with which 1974
a public servant may under the Code of 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 of officials

( specified in Sub-section (2) wherein it is alleged that he has
committed an offence under the Prevention of Corruption Act Central

Act 2

1988 or an offence with which a public servant specified in sub­

o f

section (2) may under the Code of Criminal Procedure, 1973, be 1974
charged at the same trial;

(e) review the progress of investigations conducted by the Vigilance Central
and Police Establishment into offences alleged to have been Act 49

of

committed under the Prevention of Corruption Act, 1988 or

1988

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 Central
authorities for sanction of prosecution under the Prevention of Act 49

of

Corruption Act, 1988;

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;


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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_ Central

_Commission shall give due consideration to the instructions_ Act 45
_issued by the Central Vigilance Commission established under_ of
_the Central Vigilance Commission Act, 2003, with regard to the_ 2003
_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;

(b) 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;

(c) 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;

_Provided that till such time a notification is issued_

_under sub-clauses (b) and (c) all officers of 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)_

                                                                           -                                                                           -

Report o f any 9, (1) The report of any inquiry undertaken by any agency on a reference

inquiry made on made by the Commission shall be forwarded to the Commission,

reference by
Commission to
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._


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THE ASSAM GAZETTE EXTRAORDINARY. JANUARY 7, 2013 19

**Proceedings o f** **10.** (1) The proceedings of the Commission shall be conducted at its
**Commission**

headquarters.

(2) The Commission may by unanimous decision, regulate the

procedure for transaction of its business as also allocation of its
business amongst the State Chief Vigilance Commissioner and
other Vigilance Commissioners.

(3) Save as provided in sub-section (2) all business of the
Commission shall, as far as possible, be transacted unanimously.

(4) Subject to the provisions of sub-section (3), if the State Chief
Vigilance Commissioner and other Vigilance Commissioners
differ in opinion on any matter, such matter shall be decided
according to the opinion of the majority.

(5) The State Chief Vigilance Commissioner, or if for any reason he
is unable to attend any meeting of the Commission, the senior-
most Vigilance Commissioner present at the meeting shall preside
at the meeting.

(6) No act or proceeding of the Commission shall be invalid merely
by reason of -

(a) any vacancy in, or any defect in the constitution of the
Commission; or

(b) any defect in the appointment of a person acting as the
State Chief Vigilance Commissioner or as a Vigilance
Commissioner; or

any irregularity in the procedure ?of the Commission not
(c)

affecting the merits of the case.

**Vigilance** **11.** (1) In the event of the occurrence of any vacancy in the office of
**Commissioner** the State Chief Vigilance Commissioner by reason of his death,

**to act as a State**
**C hief Vigilance** resignation or otherwise, the Governor may by notification,

**Commissioner** authorize one of the Vigilance Commissioners to act as the State
**in certain** Chief Vigilance Commissioner until the appointment of a new

**circumstances** 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 of the Vigilance Commissioners as the Governor may,
by notification, authorize in this behalf shall discharge the
functions of the State Vigilance Commissioner until the date on
which the State Chief Vigilance Commissioner resumes his
duties.

**Power relating** 12. The Commission shall, while conducting any inquiry referred to in Central

**to inquiries** clauses (b) and (c) of sub section (1) of 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 of any person from any
part of India and examining him on oath;

(b) requiring the discovery and production of any document

(c) receiving evidence on affidavits;


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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 13. The Commission shall be deemed to be a civil court for the purposes of Central
before Section 195 and Chapter XXVI of the Code of Criminal Procedure, Act 2
Commission to o f
be judicial 1973 and every proceeding within the meaning of Sections 193 and 228 1974
proceedings and for the purposes of Section 196 of the Indian Penal Code. Central

Act 45
o f

1860.

CHAPTER IV

EXPENSES AND ANNUAL REPORT

Expenses of 14. Tfc expenses of the Commission, including any salaries,
Commission to allowances and pensions payable to or in respect of the State
be charged on

Chief Vigilance Commissioner, the Vigilance Commissioners,

the
Consolidated Secretary and the staff of the Commission, shall be charged on
Fund o f the the Consolidated Fund of the State.
State.

Annual Report. **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 Act 49
o f

Police Establishment in so far as it relates to action with
1988
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 of such report, the Governor shall cause the o f

1974

same to be laid before the Assam Legislative Assembly.

(4) A copy of the report submitted to the Governor shall be
submitted to the Central Vigilance Commission.

CHAPTER V

MISCELLANEOUS

Protection o f **16.** No suit, prosecution or other legal proceeding shall lie
action taken in against the Commission, the State Chief Vigilance
good faith. 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.

State chief **17.** The State Chief Vigilance Commissioner, every Vigilance Centra!
Vigilance Commissioner, the Secretary and every staff of the Act 45
Commissioner, State Vigilance Commission shall be deemed to be a public servant within ofI860
Commissioners the meaning of section 21 of the Indian Penal Code.
and Staff to be
public servants.


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THE ASSAM GAZETTE EXTRAORDINARY JANUARY 7, 2013 21

**Power to call** **18.** The Commission may call for reports, returns and
**for information.** 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.

**Consultation** **19.** The State Government shall in making any rules or
**with** regulations governing the vigilance or disciplinary matters
**Commission in** relating to persons appointed to public services and posts
**certain matters.**

in connection with the affairs of the State consult the
Commission.

**Power to make** **20.** (i) The State Government may, by notification in the
**rules.** Official Gazette, make rules for the purpose of carrying

out the provisions of this Act.

(ii) In particular, and without prejudice to the generality of
the foregoing powers, such rules may provide for all or
any of the following matters, namely :

(a) The number of the staff and their conditions of
service under section 7.

(b) Any other power of the civil court to be
prescribed under clause (f) of section 12; and

( c) Any other matter which is required to be, or may
be prescribed. y

**Power to make** **21.** (1) The Commission may, with the previous approval of

**regulations.** the State Government, by notification in the Official

Gazette make regulations not inconsistent with this Act
and the rules made thereunder to provide for all matters for
which provision is expedient for the purposes of giving
effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of
the foregoing power, such regulations may provide for all
or any of the following matters, namely

(a) the duties and powers of the Secretary under sub­

section (4) of section 3; and

(b) the procedure to be followed by the Commission

under sub-section (2) of section 10.

Notification, **22** Every notification issued under clause (b) of sub-section

rule, etc. to be (2) of section 8 and every rule m ade by the State
laid before

Government and every regulation made by the

Assembly.

Commission under this Act shall be laid, as soon as may
be after it is issued or made, before the Assam Legislative
Assembly, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or
more successive sessions, and if before the expiry of the
session immediately following the session or the

successive sessions aforesaid, the Legislative Assembly
agrees in making any modification in the notification or
the rule or regulation, or the Legislative Assembly agrees

that the notification or the rule or regulation should not be


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22 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013

made, the notification or the rule or regulation shall,
thereafter, have effect only in such modified form or be of
no effect, as the case may be; so however, that any such
modification or annulment shall be without prejudice to
the validity of anything previously done under that
notification or rule or regulation.

**Power to** **23.** (1) If any difficulty arises in giving effect to the provisions
**remove** of this Act, the State Government may, by order, not
**difficulties.**

inconsistent with the provisions of this Act, remove the
difficulty:

_Provided that no such order shall be made after_

_the expiry o f a period o f two years from the date o f_
_commencement o f this Act,_

(2) Every order made under this section shall as soon as
may be after it is made, be laid before the Assam
Legislative Assembly.

**Appointments** **24.** Notwithstanding anything contained in any other law for
**etc. of the** the time being in force-
**officers o f**
**Directorate o f**
**Vigilance.**

(a) The State Government may appoint a Director of
Vigilance for the State on the recommendation of
the Committee consisting of-

(i) The State Chief Vigilance Commissioner-

Chairperson.

<ii) Vigilance Commissioner- ?

Members.

(iii) Commissioner and Secretary to the Government
of Assam, Home & Political Deptt. Member

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

(c) no person below the rank of Commissioner and
Secretary to the Government of Assam shall be

eligible for appointment as a Director of
Vigilance;

(d) a Director of Vigilance 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, in
consultation with the Director of Vigilance,
recommend officers for appointment to the posts'
above the level of the Deputy Director of
Vigilance;

(f) on receipt of the recommendation under clause
(b), (d) and (e), the State Government shall pass
such orders as it thinks fit:


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THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013 23

_Provided that State Government may_

_appoint such officers up to the level o f Deputy_
_Director o f Vigilance on its own:_

_Provided further_ _that_ _the_ _existing_

_Directorate o f Vigilance and Anti Corruption_
_shall deemed to be the Directorate under the_

_provision o f this section till replaced or modified_

_by the rules made in this behalf:_

_Provided also that the State Government_ Central Act 49 of

1988

_may,_ _by_ _notification_ _specify_ _that_ _any_

_investigation under the Prevention o f Corruption_

_Act, 1988 being made by any other agency of the_

_State Government shall be deemed to be made_

_under_ _the supervision_ _o f Directorate_ _o f_

_Vigilance and Anti Corruption under the_

_provisions o f this Act._

**Approval o f the** 25. (1) Notwithstanding anything contained in any other

**State** law for the time being in force-the Vigilance and

**Government to**

**conduct inquiry** Police Establishment shall not conduct any **Central Act 49 of**

**or investigation.** inquiry or investigation into any offence alleged **1988**

to have been committed 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 **Central Act 2 of**
charged at the same trial; except with the **1974**
previous approval of the State Government
where such allegation relates to-

(a) The employees of the State Government of the
level of Deputy Secretary of the Government of
Assam and above; and

(b) Such officers as are appointed by the State
Government in corporations established by or
under any State Act, Government companies,
societies and local authorities owned or

controlled by that Government.

(2) Notwithstanding anything contained in sub­ **Central Act 49 o f**
section (1) no such approval shall be necessary **1988**
for cases involving arrest of a person on the spot
on the charge of accepting or attempting to

accept any gratification other than legal

remuneration referred to in clause (c) of the
Explanation to section 7 of the Prevention of
Corruption Act, 1988.


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24 THEASSAM. GAZETTE, EXTRAORDINARY, JANUARY 7, 2013

#### THE SCHEDULE

 (See Section 5 (3)

 Form of oath or affirmation to be made by the State Vigilance Commissioner or Vigilance Commissioner —

 “I, A.B. having been appointed State Chief Vigilance Commissioner (or Vigilance Commissioner) of the Assam State Vigilance Commission do swear in the name of God that I will bear true faith and solemnly affirm allegiance to the
 Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and
 judgment perform the duties of my office without fear or
 favour, affection or ill-will and that I will uphold the Constitution and the laws.

**MOHD. ABDUL IIAQUE,**

Secretary to the Govt, of Assam,

Legislative Department, Dispur.

GuwahatiPrinted and Published by the Dy. Director (P.&S.), directorate of Ptg. & sty., Assam. Guwahati-21.

(Ex-Gazette) No. 9-3OCE-600-7-1-2013.


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