Sections 20 and 21 of the Central Vigilance Commission Act, 2003: Power to Make Rules and Regulations
Sections 20 and 21 of the Central Vigilance Commission Act, 2003 deal with delegated legislation under the Act. Section 20 authorises the Central Government to make rules, while Section 21 authorises the Central Vigilance Commission to make regulations with the previous approval of the Central Government.
Section 20 - Power to Make Rules
(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the number of members 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 11; and
(c) any other matter which is required to be, or may be, prescribed.
Meaning and scope of Section 20
Section 20 is the rule-making provision of the Act. The expression "prescribed" is defined in Section 2(e) to mean prescribed by rules made under the Act. The Central Government may therefore use rules to provide the operational detail required for implementation of the statute, subject to the limits of the Act.
Sub-section (2) identifies specific subjects for rules, including staff strength and service conditions under Section 7 and additional civil-court powers contemplated by Section 11(f). Clause (c) also covers other matters that the Act requires or permits to be prescribed.
Section 21 - Power to Make Regulations
(1) The Commission may, with the previous approval of the Central 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 the 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 9.
Meaning and scope of Section 21
Section 21 gives the Central Vigilance Commission a regulation-making power for implementing the Act. This power is subject to three express safeguards: previous approval of the Central Government, publication by notification in the Official Gazette, and consistency with both the Act and rules made under it.
The specified subjects include the duties and powers of the Secretary under Section 3(4) and the procedure followed by the Commission under Section 9(2). These examples do not exhaust the regulation-making power because the provision also permits regulations on matters expedient for giving effect to the Act.
Difference Between Rules and Regulations Under the CVC Act
Section 20 places the power to make rules in the Central Government. Section 21 places the power to make regulations in the Commission, but regulations require the previous approval of the Central Government and cannot be inconsistent with the Act or the rules. Both operate as subordinate legislation and remain subject to the parent Act.
Parliamentary Control Under Section 22
Section 22 provides legislative oversight. Every rule made by the Central Government and every regulation made by the Commission under the Act must be laid before each House of Parliament for the statutory period specified in that section. Parliament may agree to modify or annul the instrument, without prejudicing the validity of anything previously done under it.
Official Legal Resources
For the authoritative statutory text and current subordinate legislation, consult the official Government of India resources linked in the sidebar. The India Code version should be checked whenever the precise current text of the Act is required.