Section 8 in The Jammu and Kashmir State Vigilance Commission Act, 2011
8. Functions and powers of State Vigilance Commission.
(1)The functions and powers of the Commission shall be to -(a)exercise superintendence over the functioning of the [Anti-Corruption Bureau] [Substituted 'Vigilance Organization' by Governor Act No. 21 of 2018, dated 25.10.2018.] in so far as it relates to the investigation of offences alleged to have been committed under the Prevention of Corruption Act, Samvat 2006 or an offence with which a public servant specified in sub-section (2) may, under the Code of Criminal Procedure, 1989 be charged at the same trial;(b)give directions to the [Anti-Corruption Bureau] [Substituted 'Vigilance Organization' by Governor Act No. 21 of 2018, dated 25.10.2018.] for the purpose of discharging the responsibility entrusted to it under the Prevention of Corruption Act, Samvat 2006:Provided that while exercising the powers of superintendence under clause (a) or giving directions under this clause, the Commission shall not exercise powers in such a manner so as to require the [Anti-Corruption Bureau] [Substituted 'Vigilance Organization' by Governor Act No. 21 of 2018, dated 25.10.2018.] to investigate or dispose of any case in a particular manner:[Provided that the powers to exercise superintendence over the functioning of Anti-Corruption Bureau under clause (a) or giving direction under this clause to the Anti-Corruption Bureau shall be exercised by the Commission in such manner as may be prescribed.] [Inserted by Governor Act No. 21 of 2018, dated 25.10.2018.](c)inquire or cause an inquiry or investigation to be made on a reference made by the Government wherein it is alleged that a public servant being an employee of the Government or a corporation established in the State by or under, any Central Act or the Act of State Legislature, Government company, society and any local authority owned or controlled by the Government, has committed an offence under the Prevention of Corruption Act, Samvat 2006 or an offence with which a public servant may, under the Code of Criminal Procedure, 1989 be charged at the same trial;(d)inquire or cause an inquiry or investigation to be made into any complaint against any official belonging to such category of officials specified in sub-section (2) wherein it is alleged that he has committed an offence under the Prevention of Corruption Act, Samvat 2006 and an offence with which a public servant specified in sub-section (2) may, under the Code of Criminal Procedure, 1989 be charged at the same trial;[Provided that if the Commission causes an inquiry or investigation to be made by the Anti-Corruption Bureau under clause (c) or clause (d), the Anti-Corruption Bureau shall submit a report to the Commission in such manner as may be prescribed.] [Inserted by Governor Act No. 21 of 2018, dated 25.10.2018.](e)review the progress of investigations conducted by the [Anti-Corruption Bureau] [Substituted 'Vigilance Organization' by Governor Act No. 21 of 2018, dated 25.10.2018.] into offences alleged to have been committed under the Prevention of Corruption Act, Samvat 2006 or the public servant may, under the Code of Criminal Procedure, 1989, be charged at the same trial;(f)review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, Samvat 2006;(g)tender advice to the Government, corporations established in the State by or under any Central Act or the Act of State Legislature, Government companies, societies and local authorities owned or controlled by the Government on such matters as may be referred to it by the Government, said Government companies, societies and local authorities owned or controlled by the Central Government or the State Government or otherwise;(h)exercise superintendence over the vigilance administration of the various Departments of the Government or corporations established in the State by or under any Central Act or the Act of State Legislature, Government companies, societies and local authorities owned or controlled by the Government:Provided that nothing contained in this clause shall be deemed to authorise the Commission to exercise superintendence over the vigilance administration in a manner not consistent with the directions relating to vigilance matters issued by the Government and to confer power upon the Commission to issue directions relating to any policy matter.(2)The persons referred to in clause (d) of sub-section (1) are as follows: -(a)members of All-India Services serving in connection with the affairs of the State Government;(b)all other public servants as defined under section 21 of the Jammu and Kashmir State Ranbir Penal Code;(c)all officers and employees of the corporations established in the State by or under any Central Act or any Act of State Legislature, Government companies, societies and other local authorities, owned or controlled by the Central Government or the State Government, as the Government may, by notification in the Official Gazette, specify in this behalf:Provided that till such time a notification is issued under this clause, all officers of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred to in clause (d) of sub-section (1).
