Section 9 of the Central Vigilance Commission Act, 2003: Proceedings of Commission
Section 9 of the Central Vigilance Commission Act, 2003 lays down how the Central Vigilance Commission conducts its proceedings, allocates business, resolves differences of opinion, presides over meetings and protects proceedings from being invalidated by specified vacancies, appointment defects or non-material procedural irregularities.
Section 9 - Proceedings of Commission
(1) The proceedings of the Commission shall be conducted at its headquarters.
(2) The Commission may, by unanimous decision, regulate the procedure for transaction of its business as also allocation of its business amongst the Central Vigilance Commissioner and other Vigilance Commissioners.
(3) Save as provided in sub-section (2), all business of the Commission shall, as far as possible, be transacted unanimously.
(4) Subject to the provisions of sub-section (3), if the Central Vigilance Commissioner and other Vigilance Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.
(5) The Central Vigilance Commissioner, or, if for any reason he is unable to attend any meeting of the Commission, the senior-most Vigilance Commissioner present at the meeting, shall preside at the meeting.
(6) No act or proceeding of the Commission shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b) any defect in the appointment of a person acting as the Central Vigilance Commissioner or as a Vigilance Commissioner; or
(c) any irregularity in the procedure of the Commission not affecting the merits of the case.
Meaning and explanation of Section 9
Headquarters as the place of proceedings
Sub-section (1) provides that proceedings of the Commission are to be conducted at its headquarters. This fixes the statutory place for the Commission's proceedings.
Procedure and allocation of business
Under sub-section (2), the Commission may regulate the procedure for transacting its business and allocate work among the Central Vigilance Commissioner and the Vigilance Commissioners. The statute expressly requires a unanimous decision for this purpose.
Unanimity and majority decision
Sub-section (3) states that, except for the specific arrangement under sub-section (2), the Commission's business should, as far as possible, be transacted unanimously. If there is a difference of opinion, sub-section (4) provides that the matter is decided according to the majority opinion.
Who presides over a meeting
Under sub-section (5), the Central Vigilance Commissioner presides over meetings. If the Central Vigilance Commissioner cannot attend, the senior-most Vigilance Commissioner present presides.
Protection of proceedings from specified defects
Sub-section (6) prevents an act or proceeding of the Commission from becoming invalid merely because there is a vacancy or defect in the Commission's constitution, a defect in the appointment of a person acting as a Commissioner, or a procedural irregularity that does not affect the merits of the case.
Key legal points at a glance
Section 9 creates a decision-making framework for the Commission: proceedings at headquarters; unanimous regulation and allocation of business; an objective of unanimity in ordinary business; majority resolution where Commissioners differ; a statutory rule for who presides; and protection against invalidation for the defects specifically described in sub-section (6).
Official text and related provisions
The Central Vigilance Commission Act, 2003 is Act No. 45 of 2003 and was enacted on 11 September 2003. For the authoritative statutory text and amendments, readers should verify the current text published by India Code.
Official resources:
This page is intended as a legal information resource. Where the precise legal position is material, consult the current statutory text, applicable rules, regulations, notifications and judicial decisions.