INFORMATION ON 17 POINTS REGARDING RIGHT TO INFORMATION ACT, 2005 PERTAINING TO THE STATE VIGILANCE AND ANTI CORRUPTION BUREAU.

1. ORGANIZATION,  FUNCTION AND DUTIES:-

            The Govt. of Himachal Pradesh vide  Notification No. Per(Vig)A-4(4)2/99 dated 15.11.2005 has created the State Vigilance and Anti Corruption  Bureau after unification of Enforcement and Vigilance Departments. The State Vigilance and Anti Corruption Bureau  is presently headed by ADGP and assisted by IGP and DIG. It has three ranges  viz Northern Range, Central Range and Southern Range with its  hdqrs. at  Dharamshala, Mandi and Shimla and one Special Investigating Unit,  at Shimla. The Ranges  Hqrs. at Dharamshala,  Mandi and Shimla   are headed by SPs.  and the Special Investigation Unit is also headed by SP(SIU.) The State Vigilance and Anti Corruption Bureau has its  12 Police Stations,  one in each district headed by the officers of the rank of DySP.  The Northern Range comprises districts of Kangra, Una and Chamba,  Central Range comprises Mandi, Kullu, Lahaul & Spiti, Hamirpur and Bilaspur districts and Southern Range comprises  Shimla, Solan, Sirmour and Kinnaur districts.. The sanctioned strength of State Vigilance and Anti Corruption Bureau  is as under:-

Police Staff.

Administrative Staff :-

Prosecution Staff.

Technical Staff:

                  The duty of Officers/officials of State Vigilance and Anti Corruption Bureau  is to enquire into the matters and also to investigate the cases relating to corruption and economic offences  including the cases under I.P.C., Prevention of Corruption Act 1988,  HP Prevention of Specific Corrupt Practices Act 1983, Essential Commodities Act,  Narcotics Drugs and Psychotropic Substances  Act 1085, Motor Vehicle Act 1988, The Indian Forest Act 1927, The Punjab Excise Act 1914  as applicable in HP, The Forests (Sales of Timber) Act 1968, Central Sales Tax Act 1956, The Wild Life Protection Act 1972. The Bureau will enquire/investigate into complaints/cases against Non-Gazetted officers at its own level but the complaints/cases against the gazetted officers will be enquired/investigate by it with the prior approval of the Government as per the provisions of para-4 of Chapter-II of Vigilance Manual. Besides, the Govt. may assign to it other enquires from time to time.

2. POWERS AND DUTIES OF OFFICERS AND OFFICIALS OF STATE VIGILANCE AND ANTI CORRUPTION BUREAU:-

(a) Powers  enlisted in the Scheme of State Vigilance and Anti Corruption Bureau is  to investigate:-

i)     All  offences under Indian Penal Code.

ii)     All offences under the Prevention of Corruption Act, 1988.

iii)    All offences under the H.P Prevention of Specific Corrupt Practices Act, 1983.

iv)    All offences under the Essential Commodities Act, 1955.

v)    All offences under the Narcotics drugs and Psychotropic Substances, Act, 1985.

vi)    All offences under the Motor Vehicle Act, 1988.

vii)   All offences under Indian Forest Act, 1927.

viii)  All offences under Punjab Excise Act, 1914 as applicable in Himachal Pradesh.

ix)   All offence under HP Forest (Sale of Timber) Act, 1968.

x)    All offences under Central Sales Tax Act, 1956.

xi)   All  offence under the Wild Life Protection Act, 1972.

(b) DUTIES OF THE OFFICERS AND EMPLOYEES:-

i) POLICE STAFF:-

Head Constables/Constable:-            

i)  Collection of information regarding offences defined in para-2.(a)  of Vigilance Manual.

ii) To assist the Investigating Officers in the day to day investigation of cases.

iii) Execution of summons and warrants.

NGOs (ASI to Inspectors);

i)          Collection of information regarding offences defined in para 2(a) of Vigilance Manual.

ii)         Detection of offences defined in para 2(a) of Vigilance Manual.

iii)        Conducting enquiries pertaining to the offences defined in para 2(a) of Vigilance Manual.

iv)        Investigation of cases pertaining to the offences defined in para 2(a) of Vigilance Manual.

Dy.S.sP.( IOs)

i)          Collection of information regarding offences defined in para 2(a)  of Vigilance Manual.

ii)          Detection of offences defined in para 2(a) of Vigilance Manual.

iii)         Conducting enquiries pertaining to the offences defined in para 2(a) of Vigilance Manual.

v)          Investigation of cases pertaining to the offences defined in para 2(a) of Vigilance Manual.

SPs of Zones:-

i)          Supervision of cases/enquiries pertaining to the  zone.

ii)         To  investigate and to  give proper guidelines to the investigating officers regarding investigation of the cases from time to time.

iii)         To review the progress of investigation/enquiries.

iv)         To look after the administrative  work of the  zone.

v)          To look after the welfare of officials/officers of the  zone.

vi)         To perform the duty of Head of the Office as well as Drawing and Disbursing Officer

SP(SIU):-

i)          To perform the duty of Head of the Office as well as Drawing and Disbursing Officer.

ii)         To perform all administrative duties  of the SV&ACB HQ.  

iii)        To conduct the enquiry/investigation  cases especially assigned to him.

iv)        To liaise  with  the senior officers and the subordinate officers  regarding administrative matters and criminal matters.

v)         Collection of intelligence and detection of cases defined in paras of Vigilance Manual.

DIG/IGP/ADGP SV&ACB-

i)         To ensure proper implementation of the Scheme of SV&ACB.

ii)        To assist the authorities in decision making and formulation of plans, schemes and programmes.

iii)       To present all  matters and schemes to the Govt. in a precise manner with all possible solutions and suggestions.

iv)         To take effective measures for building up and maintaining all essential records.

v)         To effectively supervise the work and conduct of all functionaries under them and be a source of guidance to lower functionaries in all officials matters.

vi)         To discharge responsibilities delegated by the Superior officers .

vii)        To issue orders in accordance with the decision of the competent authorities and under proper authentication.

viii)       To take effective steps for organizing the implementation of the Govt. decisions, policies and programmes and to identify bottlenecks or impediments in their implementation in liaison and coordination with all concerned agencies.

ix)      To make arrangements to monitor and evaluate progress of implementation of Govt. decisions, plans, programmes and schemes and suggest changes if needed.

x)        To  represent the department or officer concerned and watch govt. interest/department interest in meetings etc according to directions of the superior authorities.

ADMINISTRATIVE STAFF:-

As laid down in chapter-15 of office manual.

Prosecution Staff:-

Dy.DAs/ADAs of Ranges:-

i)                    To conduct criminal cases  of State Vigilance and Anti Corruption Bureau  in the courts of Special Judges and Sessions Judges when specially assigned and  Chief Judicial Magistrate and Judicial Magistrates  located at Shimla, Mandi and Dharamshala respectively and other cases of their  respective Ranges  especially assigned to them.

ii)                  To render legal opinion in enquiries and cases   of  their   respective Ranges.

Distt. Attorneys:-

i)                    To conduct  the cases of State Vigilance and Anti Corruption Bureau  in the courts of Special Judges  and Session Judges where the cases are pending trial of their jurisdiction and other especially assigned cases of SV&ACB  throughout  the State . 

ii)                  To render legal opinion and scrutiny of cases/enquiries of State Vigilance and Anti Corruption Bureau.

Joint Directors (Prosecution);

i)                  To supervise the legal work of the State Vigilance and Anti Corruption Bureau.

ii)                 To render  legal opinion in enquiries and cases  of  the SV&ACB. .

iii)                Monitoring of cases of SV&ACB pending in various courts of the State.

TECHNICAL STAFF:-

i)                    To collect the information regarding leakage of revenue pertaining to their respective departments.

ii)                  To give the technical assistance to the investigating officers in investigation and enquiries.

3. THE PROCEDURE FOLLOWED IN THE DECISION MAKING PROCESS INCLUDING CHANNELS OF SUPERVISION:

                        Enquiries into the complaints and investigation of  cases are carried out under the immediate and close supervision of the SPs(Ranges). Progress of pending enquiries and investigation of cases  is monitored by the Dy.SPs, Incharge of Police Station on fortnightly basis,  SPs(Ranges)  on monthly basis and at SV&ACB Hqrs. on quarterly   basis.

The final enquiry reports and final reports in cases are scrutinized/examined by the Dy.DAs/DAs of Ranges  and by the Range  SPs. As per the provisions contained in Vigilance Manual, Range SPs take final decision regarding the cases/enquiries against the NGOs and Private persons under intimation to the SV&ACB Hqrs., whereas after completion of investigation of cases and enquires of complaints against The Gazetted officers, the cases/enquires are forwarded by the Range SPs to the SV&ACB Hqrs.  with their recommendations. The final enquiry reports/final reports in cases received in the Hqrs. are  examined in SV&ACB Hdqrs. and legal opinion is  obtained  from the Joint Directors (Prosecution).  In case of  enquiries against the Gazetted officers, the final enquiry reports  are forwarded to the Govt. of HP for approval for  registration of case or closure of enquiry as the case may be.

                        The final reports in cases are put up in the court of competent jurisdiction after completion of procedural formalities.

4.      THE NORMS SET BY IT FOR THE DISCHARGE OF IT S FUNCTIONS:-

            The State Vigilance and Anti Corruption Bureau  conducts the  investigation as per the Cr. Procedure Code and Scheme of State Vigilance and Anti Corruption Bureau.

5.       THE RULES, REGULATIONS, INSTRUCTIONS, MANUALS AND RECORDS HELD BY IT OR UNDER ITS CONTROL OR
    USED BY IT S EMPLOYEES FOR DISCHARGING ITS FUNCTIONS:-

A. Main provisions of the  Scheme of State Vigilance and Anti Corruption Bureau:-

                        The  State Vigilance and Anti Corruption Bureau has been created by the Govt. of Himachal Pradesh vide  Notification No. Per(Vig)A-4(4)2/99 dated 15.11.2005  after the merger  of Enforcement and Vigilance Departments.

The duties of Officers/officials of State Vigilance and Anti Corruption Bureau  is to investigate, detect prevent offences and investigate  leakage of the State Govt. funds by    private persons or Govt. employees, and  violation of economic laws applicable in the State. In particular the State Vigilance and Anti Corruption  is responsible to deal with the following types of cases and enquiries:-

xii)        All  offences under Indian Penal Code.

xiii)       All offences under the Prevention of Corruption Act, 1988.

xiv)       All offences under the H.P Prevention of Specific Corrupt Practices Act, 1983.

xv)        All offences under the Essential Commodities Act, 1955.

xvi)       All offences under the Narcotics drugs and Psychotropic Substances, Act, 1985.

xvii)      All offences under the Motor Vehicle Act, 1988.

xviii)     All offences under Indian Forest Act, 1927.

xix)       All offences under Punjab Excise Act, 1914 as applicable in Himachal Pradesh.

xx)        All offence under HP Forest (Sale of Timber) Act, 1968.

xxi)       All offences under Central Sales Tax Act, 1956.

xxii)      All  offence under the Wild Life Protection Act, 1972.

B. Main provisions of Vigilance Manual:-

Chapter-1.

4.3.4.   Procedure for taking up enquiry by the Anti-Corruption Unit. The Anti- Corruption unit takes up cases and  complaints for  investigation/ enquiry both against Gazetted Officers / Non Gazetted Officials in accordance with the instructions and orders issued from time to time by the Vigilance Department in this behalf. However, the State Government may entrust  any particular case or enquiry to C.B.I. by using its discretion under sec. 6 of S.P.E. Act. 

4.3.5.  The Procedure for taking up enquiries and  investigations is broadly as       under:-

(a)        In case of non – gazetted officers enquiries may be started and regular

 cases may be registered by the Anti- Corruption Unit, under Order of the

Superintendent of Police ( Vigilance) who will also inform the Vigilance Department immediately as soon as the enquiry is taken up or the case is registered. For this purpose the Inspectors in the Zones will collect information about cases of corruption/ complaints and may forward the same with their recommendations directly to the Superintendent of Police (Vigilance), with the copies to Deputy Superintendent of Police in- charge  of their Zones.

(b)      All complaints/ source reports against gazetted officers received by the Anti- Corruption Unit are required to be forwarded to the Director of Vigilance for obtaining orders of the action to be taken on them.

( c )       Complaints received in the Vigilance Department against gazetted and non gazetted officers are entrusted to the A.C.U. for preliminary enquiry of regular investigation. Certain complaints are given to the Administrative Departments for preliminary enquiry by a departmental officer.

(d)       The Heads of Department are taken into confidence in respect of all cases against gazetted officer and non gazetted officers as soon as enquiries are registered either for preliminary enquiry or for regular investigation.

4. Preliminary enquiry/ regular investigation by the Anti-Corruption Unit :

4.1.   In all cases   in which the information available with Anti- Corruption Unit appears to be authentic and definite so as to make out a clear cognizable offence or to have enough sub- stance in it , the unit may register a regular case or register a preliminary enquiry against a non- gazetted official under orders of the Superintendent of Police (Vigilance) who will also inform the Vigilance Department and the Head of the Department concerned as soon as the enquiry is taken up, or the case is registered. For this purpose the Inspectors and Sub- Inspectors in the zones will collect information and evidence  about cases of corruption and may forward the same with their recommendations directly to the Superintendent of Police (Vigilance)  with copies to the Deputy Superintendent of Police in-charge of their Zones. However, all complaints/ source reports  against gazetted officers received by the Anti- Corruption Unit will, in the first instance,  be forwarded to the Vigilance Department for orders as to the further course of action to be taken on them.

4.2.    The Heads of Departments will be  taken into confidence in respect of all preliminary enquiries and regular investigation of cases by the Anti- Corruption Unit against gazetted officers and non gazetted officials. For this Superintendent of Police (Vigilance) will inform the Head of the Department through a report as soon as a preliminary enquiry is taken up or a case is registered for regular investigation . In this report Superintendent of Police (Vigilance) will give a gist of the allegations to be enquired into by A.C.U. against a Government servant to the Head of the Department concerned but he will not disclose the source of the complaint. It is imperative for the Head of the Department to ensure complete secrecy in such cases. For this he should make sure that such reports  from S.P.  (Vigilance) are not dealt within a routine manner. Records of all such cases should be in the personal custody of the ex- officio Vigilance Officer of the Department.

4.3.     If on the  completion of a preliminary enquiry against a non- gazetted official,  S.P. (Vigilance) is of the opinion that an offence is made out against the delinquent then he can order registration of a case for investigation against a non- gazetted official . He should, however , inform the Vigilance Department and the Head of the Department concerned immediately. In case of a gazetted officer, S.P. (Vigilance) is required to forward the report to the Vigilance Department who after examining the same will advise as to the further course of action to be taken on the enquiry report. 

4.4       If on completion of investigation  the Anti- Corruption Unit may come to the conclusion that sufficient evidence is forthcoming for launching a criminal prosecution against the accused Government servant then the final report of investigation in such cases shall be forwarded to the Vigilance Department if sanction for prosecution is required under the law. The report will be accompanied by a draft order in the prescribed form and will give the rank and designation of the authority competent to dismiss the delinquent officer from service and the law or rules under which the authority is competent.

4.5.     If on the completion of a preliminary enquiry or on the completion of investigation of a case in which the evidence available is not sufficient for launching criminal prosecution, the Anti- Corruption Unit may come to the conclusion that:

(i)         The allegation are of a nature serious enough to justify regular departmental action being taken against the Government servant concerned. The final report in such cases will be accompanied by (a) draft articles of charge prepared in the prescribed form, (b) a statement of allegations in support of each charge, and (c) a list of witnesses and documents to be relied upon to prove the charges and allegations; or

(ii)        While sufficient proof is not available to justify prosecution or regular departmental action, there is a reasonable suspicion about the honesty or integrity of the Government servant concerned. The final report in such cases will be brought  to the notice of the disciplinary authority about the nature of irregularity or negligence for  such administrative action as may be considered feasible or appropriate.

4.6.        Report of preliminary enquiry or investigation of both types mentioned in paragraph  4.5, should be forwarded in duplicate by the SV&ACB Unit to the vigilance Department who would advise the disciplinary authority concerned regarding the course of further action to be taken. A  copy of the report will be sent to the Department/ Office concerned with the advice of the Vigilance Department.  In such cases no further departmental fact-finding enquiry should normally be necessary. However, if there are any points on which the disciplinary authority may desire to have additional information or clarification, the Vigilance Department may be required to furnish the required information/ clarification.

4.7.      If  preliminary enquiry discloses that there is no substance in the allegations, the SV&ACB Unit may decide to close the case. Such cases pertaining to gazetted officers will be reported to the Vigilance Department. In other cases the decision to close a case should be communicated by the SV&ACB Unit to the administrative authority concerned through the Vigilance Department.

4.8.         Investigation in certain cases may reveal that sufficient evidence is available justifying prosecution as well as departmental action. In such cases it has to be considered as to whether prosecution should precede departmental action or vice versa. Normally prosecution should be the general rule in cases in which the offences are of bribery, corruption or other criminal misconduct involving loss of substantial public funds and which are found fit for prosecution on the basis of the evidence  available. In such cases departmental action should not precede prosecution. In  other cases involving less serious offences or involving mal practices of a departmental nature, departmental action should be taken and the question of prosecution should generally  not arise.

            The State Vigilance and Anti Corruption Bureau  conducts the investigation as per the Cr.P.C., Police Rules and Scheme of SV&ACB.  The enquiries are conducted as per the vigilance manual in accordance with the instructions given by the HP Govt.  from time to time. The following record is held by this Bureau:-

i)                 Record pertaining to the Administrative and establishment matters.

ii)                Record pertaining to the crime i.e. cases & complaints, enquiries.

iii)                Records pertaining to the issue of Vigilance Clearance Certificates.

iv)                Records pertaining to Assembly business.

v)                 Records pertaining to the accounts matters of the department.

6.  A STATEMENT OF THE CATEGORIES OF THE DOCUMENTS THAT ARE HELD BY IT OR UNDER ITS CONTROL:

            The following kinds of documents are held by the State Vigilance and Anti Corruption Bureau:-:

a)      Documents pertaining to the Administrative matters:- Service books, Cash Books, Stock Register and files relating to establishment, accounts matters.

b)      Documents pertaining to the Crime matters:- FIRs,  charge sheets, enquiry reports, final reports etc.

c)      Confidential documents:- ACRs, Vigilance Clearance Certificates, case diaries etc.

7. THE PARTICULARS OF ANY ARRANGEMENT THAT EXISTS FOR CONSULTATION WITH OR REPRESENTATION MADE BY THE MEMBER OF THE PUBLIC IN RELATION TO THE FORMULATION OF ITS POLICY OR ADMINISTRATION THEREOF:-

                        No such arrangement exists in the State Vigilance and Anti Corruption Bureau  at present.

8. A STATEMENT OF THE BOARD COUNCILS, COMMITTEES AND OTHER BODIES CONSISTING OF TWO OR MORE PERSONS CONSTITUTED AS ITS ADVICE, AND AS TO WHETHER MEETING OF THOSE BOARDS, COUNCILS, COMMITTEES AND OTHER BODIES ARE OPEN TO THE PUBLIC OR  THE MINUTES OF SUCH MEETINGS ARE ACCESSIBLE FOR PUBLIC.

                        State Vigilance and Anti Corruption Bureau  is the sole authority.

9. A DIRECTORY OF ITS OFFICERS AND EMPLOYEES:

The directory of officers /officials of State Vigilance and Anti Corruption Bureau :- .

10. THE MONTHLY REMUNERATION RECEIVED BY EACH OF ITS OFFICERS AND EMPLOYEES INCLUDING THE SYSTEM OF COMPENSATION AS PROVIDED IN ITS REGULATIONS.

            The monthly remuneration received by the officers/officials of Enforcement Department is as under:-

11. THE BUDGET ALLOCATED TO EACH OF ITS AGENCY, INDICATING THE PARTICULARS OF ALL PLANS, PROPOSED EXPENDITURE AND REPORT OF DISBURSEMENT MADE.

                        The details of sanctioned budget for the financial year 2007-2008 and expenditure upto 31.8.2007 under various  SOE  under Major Head “2070-104-OAS-01-SV&ACB(IW)” and  “l2070-104-OAS-01-SV&ACB(Range Staff)”  (Non Plan).is as under :-

(a) “2070-Other Administrative Services-104- Vigilance-01-State Vigilance and Anti Corruption Bureau(Investigating Wing).

(b) “2070-Other Administrative Services-104- Vigilance-02-State Vigilance and Anti Corruption Bureau(Range Staff).

12. THE MANNER  OF EXECUTION OF SUBSIDY PROGRAMME, INCLUDING THE AMOUNT ALLOCATED AND THE DETAILS OF BENEFICIARIES OF SUCH PROGRAMME.

                                                            N.A.

13. PARTICULARS OF RECIPIENTS OF CONCESSIONS, PERMITS OF AUTHORIZATIONS GRANTED BY IT.

                        Police personal from the rank of Constable to Inspectors  are entitled to travel free in HRTC buses and Rs. 80/- per month is being deducted from their salary as F.T.C.

14. DETAILS IN RESPECT OF THE INFORMATION AVAILABLE TO OR HELD BY IT REDUCED IN AN ELECTRONIC FORM:

            The State Vigilance and Anti Corruption Bureau  does not have any information reduced in the electronic form so far .

15. THE PARTICULARS OF FACILITIES AVAILABLE TO CITIZENS FOR OBTAINING INFORMATION INCLUDING THE WORKING OF A LIBRARY OR READING ROOM, IF MAINTAINED FOR PUBLIC USE:

            The State Vigilance and Anti Corruption Bureau is not maintaining any library or reading room for public use.  However, 12 police stations,  one at each district  have been set up. The public can obtain any required  information other than confidential or secret from these police station for which the members of the public are legally competent.  This department has also set up complaint boxes at the entrance of police stations, in which the members of the public can drop their complaints or any information for redressal of their grievances. Besides this, they can also contact the following  designated   Public Information  Officer and Asstt. Public Information Officer of State Vigilance and Anti Corruption Bureau personally, telephonically, through fax or through e-mail.

16. THE NAMES, DESIGNATION AND OTHER PARTICULARS OF THE PUBLIC INFORMATION OFFICERS.

i)                    PUBLIC INFORMATION OFFICERS:

II) ASSTT. PUBLIC INFORMATION OFFICERS:

17. SUCH OTHER INFORMATION AS MAY BE PRESCRIBED AND THEREAFTER UPDATE THESE  PUBLICATION EVERY YEAR:

i)                    The State Vigilance and Anti Corruption Bureau  publishes  its Annual Administration Report for  every   financial year.

ii)                  Vigilance Clearance Certificates.

Final decisions  of court cases.