Section 27 of the Central Vigilance Commission Act, 2003 - Repeal and Saving

Section 27 of the Central Vigilance Commission Act, 2003 is the repeal and saving provision of the Act. It repeals the earlier Government Resolution under which the Central Vigilance Commission had continued to function and protects specified appointments, actions and measures taken under the earlier legal framework.

In brief: Section 27 removes the earlier administrative foundation referred to in sub-section (1), while sub-section (2) preserves legal continuity by deeming specified earlier actions and appointments to have been validly made or taken under the statutory framework identified in the section.

What is Section 27 of the CVC Act?

The Central Vigilance Commission Act, 2003 (Act No. 45 of 2003) gave statutory status to the Central Vigilance Commission. Section 27 is titled "Repeal and saving". A repeal provision formally discontinues the earlier instrument identified by Parliament. A saving provision prevents the repeal or cessation of an earlier instrument from automatically invalidating specified acts, appointments or actions already undertaken under it.

Text and effect of Section 27(1)

Section 27(1): 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 III, dated 4 April 1999, as amended by the Resolution of even number dated 13 August 2002, is repealed.

Sub-section (1) therefore repeals the specified 1999 Government Resolution, as amended in 2002. The provision is part of the transition from the earlier administrative arrangement to the statutory regime created by the Central Vigilance Commission Act, 2003.

Saving clause under Section 27(2)

Section 27(2): Despite the repeal and the cessation of the Central Vigilance Commission Ordinance, 1999, the provision preserves the legal effect of specified things done, actions taken and appointments made under the Resolution and Ordinance. It also covers specified actions and appointments under the Delhi Special Police Establishment Act, 1946 and the Foreign Exchange Regulation Act, 1973 as amended by that Ordinance, by deeming them to have been made, done or taken under the relevant statutory framework as if the amendments made by the 2003 Act had been in force at the material time.

The expression "notwithstanding such repeal" makes clear that the saving rule operates despite the repeal in sub-section (1). Its purpose is continuity: matters within the scope of the saving clause do not lose legal effect merely because the earlier Resolution was repealed or the 1999 Ordinance ceased to operate.

Meaning of repeal and saving

Repeal

In Section 27, repeal means that the Government Resolution specifically identified in sub-section (1) is formally displaced by the statutory scheme of the Central Vigilance Commission Act, 2003.

Saving

A saving clause preserves specified legal consequences arising before or during the transition to the new enactment. Section 27(2) expressly protects the categories of earlier actions and appointments described in the provision and attributes them to the legal framework specified by Parliament.

Why Section 27 is important

Section 27 should be read as a transitional provision. The Central Vigilance Commission existed under earlier arrangements before Parliament enacted the 2003 Act. Section 27 helps ensure that the change from the earlier Resolution and Ordinance framework to the statutory Commission does not, by itself, unsettle the appointments and actions expressly saved by Parliament.

Section 3 of the Act is also relevant to this statutory transition because it constitutes the Central Vigilance Commission and contains deeming provisions concerning the Commission and certain appointments made under the earlier Ordinance or Government Resolution.

Acts referred to in Section 27

Central Vigilance Commission Act, 2003: The principal statute establishing the Central Vigilance Commission as a statutory body and defining its powers, functions and institutional framework.

Delhi Special Police Establishment Act, 1946: The statute governing the Delhi Special Police Establishment. Section 27(2) refers to specified actions or appointments under this Act in connection with amendments made through the earlier Ordinance and the 2003 Act.

Foreign Exchange Regulation Act, 1973: Section 27(2) also refers to specified actions and appointments under this former legislation in the context of the amendments made by the Central Vigilance Commission Ordinance, 1999 and the statutory transition addressed by the 2003 Act.

Official legal source

The authoritative text of Section 27 should be checked against the current official text of the Central Vigilance Commission Act, 2003 published by India Code, particularly where the provision is being relied upon for legal proceedings, research or professional advice.

India Code - Central Vigilance Commission Act, 2003 (Official PDF)

Related CVC Act provisions

For the broader statutory scheme, see the Central Vigilance Commission Act, 2003 overview, Section 3 - Constitution of Central Vigilance Commission, Section 25 - Appointments of officers of Directorate of Enforcement, and Section 26 - Amendment of the Delhi Special Police Establishment Act, 1946.

Note: This page provides a general explanation of the statutory provision. For an official or litigation purpose, refer to the enacted text and applicable amendments.