3. Constitution of Central Vigilance Commission.—(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
1. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014).
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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.
4. Appointment of Central Vigilance Commissioner and Vigilance Commissioners.—(1) The
Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President by
warrant under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the
recommendation of a Committee consisting of—
(a) the Prime Minister — Chairperson;
(b) the Minister of Home Affairs — Member;
(c) the Leader of the Opposition in the House of the People — Member.
Explanation.—For the purposes of this sub-section, “the Leader of the Opposition in the House of the
People” shall, when no such Leader has been so recognised, include the Leader of the single largest group
in opposition of the Government in the House of the People.
(2) No appointment of a Central Vigilance Commissioner or a Vigilance Commissioner shall be
invalid merely by reason of any vacancy in the Committee.
5. Terms and other conditions of service of Central Vigilance Commissioner.—(1) Subject to the
provisions of sub-sections (3) and (4), the Central 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. The Central Vigilance Commissioner, on ceasing to hold the office, shall be
ineligible for reappointment in the Commission.
(2) Subject to the provisions of sub-sections (3) and (4), 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 Central Vigilance Commissioner in the manner specified in sub-section (1) of
section 4:
Provided further that the term of the Vigilance Commissioner, if appointed as the Central Vigilance
Commissioner, shall not be more than four years in aggregate as the Vigilance Commissioner and the
Central Vigilance Commissioner.
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(3) The Central Vigilance Commissioner or a Vigilance Commissioner shall, before he enters upon
his office, make and subscribe before the President, or some other person appointed in that behalf by him,
an oath or affirmation according to the form set out for the purpose in Schedule to this Act.
(4) The Central Vigilance Commissioner or a Vigilance Commissioner may, by writing under his
hand addressed to the President, resign his office.
(5) The Central 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 Central Vigilance Commissioner and every other Vigilance
Commissioner shall be ineligible for—
(a) any diplomatic assignment, appointment as administrator of a Union territory and such other
assignment or appointment which is required by law to be made by the President by warrant under his
hand and seal;
(b) further employment to any office of profit under the Government of India or the Government
of a State.
(7) The salary and allowances payable to and the other conditions of service of—
(a) the Central Vigilance Commissioner shall be the same as those of the Chairman of the Union
Public Service Commission;
(b) the Vigilance Commissioner shall be the same as those of a Member of the Union Public
Service Commission:
Provided that if the Central Vigilance Commissioner or any Vigilance Commissioner is, at the time of
his appointment, in receipt of a pension (other than a disability or wound pension) in respect of any
previous service under the Government of India or under the Government of a State, his salary in respect
of the service as the Central Vigilance Commissioner or any Vigilance Commissioner shall be reduced by
the amount of that pension including any portion of pension which was commuted and pension equivalent
of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that if the Central Vigilance Commissioner or any Vigilance Commissioner is, at the
time of his appointment, in receipt of retirement benefits in respect of any previous service rendered in a
corporation established by or under any Central Act or a Government company owned or controlled by
the Central Government, his salary in respect of the service as the Central Vigilance Commissioner or, as
the case may be, the Vigilance Commissioner shall be reduced by the amount of pension equivalent to the
retirement benefits:
Provided also that the salary, allowances and pension payable to, and the other conditions of service
of, the Central Vigilance Commissioner or any Vigilance Commissioner shall not be varied to his
disadvantage after his appointment.
6. Removal of Central Vigilance Commissioner and Vigilance Commissioner.—(1) Subject to the
provisions of sub-section (3), the Central Vigilance Commissioner or any Vigilance Commissioner shall
be removed from his office only by order of the President on the ground of proved misbehaviour or
incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported
that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought on
such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from attending the
office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of
whom a reference has been made to the Supreme Court under sub-section (1) until the President has
passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from
office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central 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 Central Government, involves
moral turpitude; or
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(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 President, 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 Central Vigilance Commissioner or a Vigilance Commissioner.
(4) If the Central 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
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 of misbehaviour.
7. Power to make rules by Central Government for staff.—The Central Government may, in
consultation with the Commission, make rules with respect to the number of members of the staff of the
Commission and their conditions of service