Section 10 CVC Act 2003: Vigilance Commissioner to Act as Central Vigilance Commissioner
Section 10 of the Central Vigilance Commission Act, 2003 provides continuity in the office of the Central Vigilance Commissioner when that office is vacant or when the Central Vigilance Commissioner is temporarily unable to discharge the functions of the office.
What Section 10 provides
The provision deals with two distinct situations. First, where a vacancy occurs in the office of the Central Vigilance Commissioner because of death, resignation or otherwise, the President may authorise one of the Vigilance Commissioners, by notification, to act as the Central Vigilance Commissioner until a new Central Vigilance Commissioner is appointed. Second, where the Central Vigilance Commissioner is unable to discharge the functions of office because of leave or otherwise, the President may authorise a Vigilance Commissioner, by notification, to discharge those functions until the Central Vigilance Commissioner resumes duties.
Text of Section 10
10. Vigilance Commissioner to act as Central Vigilance Commissioner in certain circumstances.
(1) In the event of the occurrence of any vacancy in the office of the Central Vigilance Commissioner by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Vigilance Commissioners to act as the Central Vigilance Commissioner until the appointment of a new Central Vigilance Commissioner to fill such vacancy.
(2) When the Central Vigilance Commissioner is unable to discharge his functions owing to absence on leave or otherwise, such one of the Vigilance Commissioners as the President may, by notification, authorise in this behalf, shall discharge the functions of the Central Vigilance Commissioner until the date on which the Central Vigilance Commissioner resumes his duties.
Meaning and legal effect
- Vacancy in office: Sub-section (1) applies when the office itself becomes vacant. The acting arrangement continues until a new Central Vigilance Commissioner is appointed.
- Temporary inability: Sub-section (2) applies when the incumbent remains in office but cannot discharge the functions because of leave or another temporary reason.
- Presidential notification: In both situations, the statutory mechanism operates through authorisation by the President by notification.
- Eligible person: The person authorised under Section 10 must be one of the Vigilance Commissioners.
Relevant definitions
Under Section 2, the expression "Central Vigilance Commissioner" refers to the Central Vigilance Commissioner appointed under Section 4(1), while "Vigilance Commissioner" means a Vigilance Commissioner appointed under Section 4(1). The Commission itself is the Central Vigilance Commission constituted under Section 3(1).
Related provisions
Section 10 should be read with Section 3 on constitution of the Commission, Section 4 on appointment, Section 6 on removal, and Section 9 on proceedings of the Commission.