Section 13A in The M.P. Lokayukt Evam Up-Lokayukt Adhiniyam, 1981
13A. [ Constitution of [Divisional Vigilance Committee] [Inserted by M.P. Act No. 20 of 1994 (w.e.f. 8-6-1994).].
- [(1) The State Government may, by notification in the Official Gazette constitute a [Divisional Vigilance Committee] [Substituted by M.P. Act No. 2 of 1995 (w.e.f. 3-1-1995).] for [each Division] [Substituted by M.P. Act No. 24 of 2003 (w.e.f. 14-5-2003).] consisting of three members out of whom one shall be retired Judicial Officer not below the rank of a Civil Judge Class I or a retired executive officer having experience of Court's working not below the rank of a class I Officer of the State Government.](2)One of the members shall be the Chairperson of the Committee. The Chairperson and the members shall be appointed by the State Government [on the recommendation of] [Substituted by M.P. Act No. 2 of 1995 (w.e.f. 7-1-1995).] Lokayukt.(3)[ Every member of the [Divisional Vigilance Committee] [Substituted by M.P. Act No. 25 of 1998 (w.e.f. 31-8-1998).] shall hold office for a term of 3 years and shall be eligible for re-appointment for another term not exceeding three years. However, no member shall hold office as such after he has attained the age of 70 years :Provided that the Chairperson or a member may resign his office before expiry of his term by sending a letter to the Lokayukt:Provided further that the Chairperson or a member may be removed by the State Government, on grounds of misconduct or physical or mental incapacity for discharging duties of the office, on the recommendations of the Lokayukt.(3-A) The minimum age for appointment as a member shall be thirty-five years.](4)The State Government may authorise a [Divisional Vigilance Committee] [Substituted by M.P. Act No. 24 of 2003 (w.e.f. 14-5-2003).] to have jurisdiction over [another Division] [Substituted by M.P. Act No. 24 of 2003 (w.e.f. 14-5-2003).] also for which no separate committee is constituted.(5)A [Divisional Vigilance Committee] [Substituted by M.P. Act No. 24 of 2003 (w.e.f. 14-5-2003).] shall enquire into a complaint referred to it by the Lokayukt or the Up-Lokayukt and submit a report to the Lokayukt or the Up-Lokayukt, as the case may be.(6)In holding the enquiry, the committee shall ensure that the principles of natural justice are observed. The committee shall have the powers under the Code of Criminal Procedure, 1973 (2 of 1974) in respect of the following matters,-(a)Summoning and enforcing the attendance of any person and his examination on oath.(b)Requiring the discovery and production of documents and proof thereof.(c)Receiving evidence on affidavits.(d)Requisitioning any public record or copy thereof from any Court or office.(e)Issuing commission for examination of witnesses or documents and such other matters as may be prescribed.(7)Subject to foregoing provisions the procedure relating to conduct of meetings of the committee, its place of sitting and other allied matters, shall be such as may be prescribed by the State Government in consultation with the Lokayukt.(8)The Committee shall discharge the functions under the administrative control of the Lokayukt who may issue such general or special directions as he may think fit for smooth and efficient functioning of the committees.]
