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(i)
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To
undertake an inquiry into any transaction in which
a public servant is suspected or alleged to have
acted for an improper purpose or in a corrupt manner; |
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(ii)
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To
cause an inquiry or investigation to be made into:-
- Any
complaint that a public
servant has exercised or refrained
from exercising his powers for improper or
corrupt purposes
- Any
complaint of corruption, lack of integrity
or other kind of malpractice's, or such misconduct
or misdemeanor as is likely to involve corruption
or lack of integrity on the part of a public
servant including a member of an All India
Service for the time being serving in connection
with the affairs of the State of Gujarat.
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(ii-A)
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To
undertake, at the request of the State Government,
an inquiry into any transaction with which a person
who:-
has
ceased to be a public servant was concerned or
connected while he was a public servant(inserted
vide Res. H.D. No. SVC-1072/1590-H dt.9th
July 1975)
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(iii)
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To
call for reports, returns and statements from
all Secretariat Departments / Panchayats / Statutory
Corporations so as to enable it to exercise general
check and supervision over the vigilance and anti-corruption
work therein;
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(iv)
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To
take under its direct control such complaints,
information or cases as it may consider necessary
for further action, which may be either.
- To
ask the Anti corruption Bureau to register
a regular case and investigate it, or
- To
entrust the complaint, information or cases
for inquiry either to the anti-corruption
bureau or to the Secretariat Department, Panchayat
or Statutory corporation, concerned as the
case may be.
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(v)
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In
case referred to in paragraph (iv) above, the
report of the inquiry will be forwarded to the
Commission so that on a consideration of the report
and other relevant records, it may advise the
concerned secretariat Department,Panchayat or
Corporation as to the further action to be taken.
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(Vi)
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The
Anti-corruption Bureau will forward to the concerned
Department, through the Vigilance Commission,
the final report in all cases investigated by
the Bureau in which it consider that a prosecution
should be launched provided that sanction for
such prosecution is required under any law to
the issued in the name of the Governor and the
Bureau will simultaneously send a copy to the
Secretariat Department, Panchayat or Statutory
corporation concerned for any remarks which it
may wish to forward to the Commission;
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(vii)
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- The
commission will be advise the Department,
after examining the case and considering any
comments so received, whether or not prosecution
should be sanctioned; Orders will thereafter
be issued by the General Administration Department
in whom the power to accord such sanction
will be vested.
- In
case where an authority other than the Governor
is competent to sanction prosecution and it
does not propose to accord the sanction sought
for by the Anti-corruption Bureau, the case
will be reported to the Vigilance Commission
and the authority will take further action
after consideration the Commission's advice.
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(viii)
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The
Commission will have the power to require that
the oral inquiry in any department proceedings
relating to allegations involving or likely to
involve corruption or lack of integrity should
be entrusted to one of the Special Officers for
Departmental inquiries but will not do so in petty
cases; on or more such Special Officers will be
attached to the Vigilance Commission for this
work.
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(ix)
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The
Commission will examine the report of the Special
officer for Departmental Inquiries which will
in all cases be submitted by such officer to the
Commission and the latter will forward the record
of the case to the appropriate disciplinary authority
with its advice as to further action.
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(x)
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In
any case in which it appears that discretionary
power has been exercised for improper or corrupt
purposes, the Commission will advise the Secretariat
Department, Panchayat or Statutory Corporation
Concerned that suitable action be taken against
the public servant involved and if it appears
that the procedure or practice is such as to afford
scope or facility for corruption or misconduct,
the Commission may advice that it be appropriately
changed or that it be changed in a particular
manner.
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(xi)
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The
Commission may initiate at such intervals as it
considers suitable a review of procedures and
practices of administration so far as they relate
to maintenance of integrity in administration.
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(xii)
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The
Commission may collect such statistics and information
from time to time as it considers necessary for
the proper discharge of its responsibilities.
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(xiii)
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The
Commission may obtain information about the action
taken on its recommendations;
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(xiv)
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The
Commission will submit an Annual Report to the
Govt. about its activities, drawing particular
attention to any recommendation made by it which
was not accepted or acted upon; Govt. shall cause
a copy of the report to be laid before the Gujarat
Legislative Assembly.
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