Section 17 CVC Act 2003 - Report of Inquiry Made on Reference by Commission
Section 17 of the Central Vigilance Commission Act, 2003 deals with an inquiry undertaken by an agency on a reference made by the Central Vigilance Commission. It requires the inquiry report to be sent to the Commission and sets out what happens after the Commission considers that report.
Section 17 of the Central Vigilance Commission Act, 2003
(1) The report of the 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 Central Government and corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government, as the case may be, as to the further course of action.
(3) The Central Government and the corporations established by or under any Central 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 Central Government, any corporation established by or under any Central Act, Government company, society or local authority owned or controlled by the Central Government, as the case may be, does not agree with the advice of the Commission, it shall, for reasons to be recorded in writing, communicate the same to the Commission.
Meaning and Scope of Section 17
Section 17 creates a statutory reporting and advisory process. When an agency conducts an inquiry because the Commission referred the matter to it, the resulting report is not to remain only with that agency. Sub-section (1) requires the report to be forwarded to the Commission.
After receiving the report, the Commission considers it together with other relevant factors. Under sub-section (2), the Commission then advises the Central Government or the concerned Central Government controlled body about the further course of action.
Sub-section (3) requires the concerned authority to consider the Commission's advice and take appropriate action. The proviso is particularly important: if the authority does not agree with the Commission's advice, its reasons must be recorded in writing and communicated to the Commission.
Key Requirements Under Section 17
- An inquiry must have been undertaken by an agency on a reference made by the Commission.
- The agency must forward its inquiry report to the Commission.
- The Commission considers the report and any other relevant factors.
- The Commission advises the concerned Government or covered organisation on the further course of action.
- The concerned authority considers the advice and takes appropriate action.
- If the authority disagrees with the Commission's advice, the reasons for disagreement must be recorded in writing and communicated to the Commission.
Relationship With Other Provisions of the CVC Act
Section 17 should be read in the broader statutory framework of the Central Vigilance Commission Act, 2003. In particular, Section 8 sets out important functions and powers of the Commission, while Section 11 concerns powers relating to inquiries. Section 18 separately empowers the Commission to call for reports, returns and statements for the purposes specified in that provision.
Official Legal Source
For the authoritative statutory text and current amendments, refer to the Central Vigilance Commission Act, 2003 on the official India Code portal.
Note: This page is intended for general legal information. For a specific vigilance, disciplinary or service matter, the applicable statute, rules, regulations, circulars and current official instructions should be examined together.