Section 2 of Central Vigilance Commission Act, 2003 - Definitions

Section 2 of the Central Vigilance Commission Act, 2003 contains the statutory definitions used throughout the Act. These definitions identify important authorities and expressions including the Central Vigilance Commissioner, Central Vigilance Commission, Delhi Special Police Establishment, Government company, Lokpal and Vigilance Commissioner.

What does Section 2 of the CVC Act provide?

Section 2 is the interpretation provision of the Central Vigilance Commission Act, 2003. It begins with the expression "unless the context otherwise requires". Accordingly, the meanings assigned by Section 2 ordinarily apply when the defined expressions are used elsewhere in the Act, subject to the context in which they appear.

Section 2 - Definitions

In this Act, unless the context otherwise requires,-

• (a) Central Vigilance Commissioner: "Central Vigilance Commissioner" means the Central Vigilance Commissioner appointed under sub-section (1) of section 4.
• (b) Commission: "Commission" means the Central Vigilance Commission constituted under sub-section (1) of section 3.
• (c) Delhi Special Police Establishment: "Delhi Special Police Establishment" means the Delhi Special Police Establishment constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946).
• (d) Government company: "Government company" means a Government company within the meaning of the Companies Act, 1956 (1 of 1956).
• (da) Lokpal: "Lokpal" means the Lokpal established under sub-section (1) of section 3 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014).
• (e) Prescribed: "prescribed" means prescribed by rules made under this Act.
• (f) Vigilance Commissioner: "Vigilance Commissioner" means a Vigilance Commissioner appointed under sub-section (1) of section 4.

Meaning of the important definitions

Central Vigilance Commissioner

The Central Vigilance Commissioner referred to in clause (a) is the Central Vigilance Commissioner appointed under section 4(1) of the Act. The expression must therefore be read together with the statutory provisions governing appointment of the Central Vigilance Commissioner and Vigilance Commissioners.

Central Vigilance Commission

Clause (b) defines "Commission" as the Central Vigilance Commission constituted under section 3(1). Section 3 provides for constitution of the statutory body known as the Central Vigilance Commission.

Delhi Special Police Establishment

Clause (c) links the expression "Delhi Special Police Establishment" to the establishment constituted under section 2(1) of the Delhi Special Police Establishment Act, 1946. This definition is significant because the CVC Act contains provisions concerning the Commission's functions in relation to the Delhi Special Police Establishment.

Government company

Clause (d) uses a statutory cross-reference and defines "Government company" by reference to the Companies Act, 1956. The wording reproduced above follows the text of Section 2 of the Central Vigilance Commission Act, 2003.

Lokpal

Clause (da) was added in 2014 and connects the CVC Act with the Lokpal and Lokayuktas Act, 2013. For the purposes of the CVC Act, "Lokpal" means the Lokpal established under section 3(1) of that Act.

Prescribed

Under clause (e), when the CVC Act states that something is "prescribed", the applicable requirement is to be found in rules made under the Act.

Vigilance Commissioner

Clause (f) defines a "Vigilance Commissioner" as a Vigilance Commissioner appointed under section 4(1) of the CVC Act.

Why Section 2 is important

Section 2 supplies the defined meanings used in interpreting and applying the Central Vigilance Commission Act. Reading these definitions together with the substantive provisions of the Act helps identify the authorities, institutions and statutory expressions to which those provisions apply.