 bill no 92 of  2010 the central bureau of investigation bill, 2010 byshri manish tewari, mp a billto provide for the constitution of a central bureau of investigation for prevention, investigation and prosecution of certain offences and for matters connected therewithbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the central bureau of investigation act, 2010 (2) it extends to the whole of india, and also applies—short title, extent, application and commencement(a) to citizens of india outside india; (b) to persons in the service of the government wherever they may be; and (c) to persons on ships and aircrafts registered in india wherever they may be(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "bureau" means the central bureau of investigation constituted under section 3;2 of 19745(b) "code" means the code of criminal procedure, 1973; (c) "committee" means the committee constituted under sub-section (1) of section 4 for appointment of the director;(d) "director" means the director of the central bureau of investigation appointed;10(e) "scheduled offence" means an offence or classes of offences specified in schedule i or schedule ii of this act or in the acts specified in these schedules; and(f) "schedule" means schedule i  or schedule ii, as the case may be, of this act15constitution of central bureau of investigation3 (1) notwithstanding anything contained in any other law for the time being in force, there shall be constituted by the central government an investigation bureau to be known as the central bureau of investigation for prevention, investigation and prosecution of scheduled offences and such other offences as may be notified by the central government in the official gazette from time to time(2) the bureau shall be headed by an officer to be designated as the director20(3) the bureau shall comprise of such officers and other personnel of the rank of special/additional director, joint director, deputy director, assistant director, investigation officer—grade i, ii and iii and such other personnel as may be specified by the central government4 (1) the central government shall appoint the director on the recommendation of the committee consisting of—| (            | a   | ) the central vigilance commissioner—chairperson;   ||--------------|-----|-----------------------------------------------------|| committee    |     |                                                     || for appoint- |     |                                                     || ment of      |     |                                                     || director     |     |                                                     ||             |     |                                                     || 25           |     |                                                     || (            | b   | ) vigilance commissioners—members;                  |(c) secretary to the government of india in-charge of the ministry of home affairs—member; and(d) secretary to the government of india in-charge of the ministry of personnel—member30(2) the committee shall, while making recommendation under sub-section (1), take into consideration the views of the outgoing director(3) the committee shall recommend a panel of officers on the basis of the seniority, integrity and experience of the officers in the investigation of anti-corruption cases355 (1) the director shall hold office for a period of not less than three years from the date on which he assumes office:| terms                                                                                       | and   ||---------------------------------------------------------------------------------------------|-------|| conditions of                                                                               |       || service of the                                                                              |       || director                                                                                   |       || provided that the director may be transferred before the period of three years              |       || with the previous consent of the committee                                                 |       || (                                                                                           | 2     || administrative powers, as the central government may specify in this behalf                |       || 40                                                                                          |       || 6                                                                                          | (     || government the names of the officers to be appointed to the posts of assistant director and |       || above in the bureau and the extension or curtailment of the tenure of such officers        |       || (                                                                                           | 2     || shall pass such orders as it thinks fit to give effect to such recommendation              |       || 45                                                                                          |       |appointment for posts of assistant director and above and extension and curtailment of their tenureinvestigation of scheduled offences5107  notwithstanding anything contained in any other law for the time being in force andsubject to such general or specific orders, as the central government may make, the bureaushall prevent, investigate and prosecute the offences specified in—(i) schedule i and also such other offences relating to matters specified inlist i—union list of the seventh schedule to the constitution, as may be notified in this behalf by the central government in the official gazette, from time to time; and(ii) schedule ii and also such other offences relating to matters specified inlist iii—concurrent list of the seventh schedule to the constitution, as may be notified in this behalf by the central government in the official gazette, in respect of union territories, from time to time 8 (1) save as hereinafter provided in this section, the superintendence of the bureaushall vest in the central governmentsuperintendence of the bureau(2) the parliamentary standing committee on personnel, public grievances, law andjustice shall exercise oversight and  review the functioning of the bureau once in every threemonths15(3) the standing committee shall present a quarterly report to parliament with regardto its observations and findings about the functioning of the bureau20(4) the parliamentary committee referred to in sub-section (2) shall not ordinarily gointo any matter connected with the investigation or inquiry of an offence at the inquiry stage in order to provide complete independence and autonomy to the investigation officer or the investigating team, as the case may be4 of 1988(5) the superintendence of central vigilance commission shall be exercised only withregard to investigation of offences under the prevention of corruption act, 1988directorate of prosecution9 (1) there shall be an independent directorate of prosecution to be headed by adirector of prosecution and not below the rank of a secretary to the government of india25(2) the directorate shall employ as many lawyer as are required and necessary tohandle the work emanating out of the investigating arm of the bureau(3) the lawyers employed under sub-section (2) shall be paid salaries/fees comparablewith the prevailing financial package structure in the private/corporate sector3035extension of powers andjurisdiction of the bureau to states40 45officer of the bureau to exercise powers of police officer50(4) the directorate shall independently evaluate and determine the prosecutibility of the offences investigation by the bureau and prosecute those offences, that can, in their opinion, stand the test of law(5) the directorate of prosecution shall throught its director, report tot the director of the central bureau of investigation who shall exercise administrative control on the directorate of prosecution only through the director of prosecution10 (1) the powers and jurisdiction of the officials of the bureau shall extend to the whole of india including states, union territories and railway areas for the prevention, investigation and prosecution of offences specified in section 7(2) the prior consent of the state government shall not be necessary for the investigation and prosection of offences specified in section 7(3) if a state government wants to preclude the bureau from investigating and prosecuting any offence in the territory of that state specified in list ii-state list of the seventh schedule to the constitution, it can do so by enacting a law declaring that for the purposes mentioned herein above the bureau's jurisdiction shall not apply to that particular state11 an officer of the bureau, while exercising powers under this act, may exercise the same powers and be subject to the same provisions, as the officer in charge of a police station may exercise and is subject to, under the code in a cognizable case, including the powers and provisions relating to registration, investigation, arrest, search, seizure and filing of final report in the court12 an officer of the bureau may execise the powers and discharge the duties conferred or imposed under this act on any other officer of the bureau who is subordinate to him| power                 ||-----------------------|| s u b o r d i n a t e || officers may be       || exercised by          || senior officers       || of the bureau        || 13                                                                                           |  (                                                                             | 1                                                                                 | ) notwithstanding anything contained in this act or any other law for the time        ||----------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| being in force, the supreme court and the high courts shall have power to direct the bureau  |                                                                                 |                                                                                   |                                                                                       || to investigate or enquire into any offence                                                  |                                                                                 |                                                                                   |                                                                                       || power of                                                                                     |                                                                                 |                                                                                   |                                                                                       || courts to                                                                                    |                                                                                 |                                                                                   |                                                                                       || order                                                                                        |                                                                                 |                                                                                   |                                                                                       || investigation                                                                               |                                                                                 |                                                                                   |                                                                                       || 5                                                                                            |                                                                                 |                                                                                   |                                                                                       || (                                                                                            | 2                                                                               | ) notwithstanding anything to the contrary contained in the code or any other law |                                                                                       || for the time being in force, no subordinate court shall be competent to direct the bureau to |                                                                                 |                                                                                   |                                                                                       || investigate or inquire into any offence                                                     |                                                                                 |                                                                                   |                                                                                       || protection of                                                                                |                                                                                 |                                                                                   |                                                                                       || action taken in                                                                              |                                                                                 |                                                                                   |                                                                                       || good faith                                                                                  |                                                                                 |                                                                                   |                                                                                       || 10                                                                                           |                                                                                 |                                                                                   |                                                                                       || 14                                                                                           |  (                                                                             | 1                                                                                 | ) no suit, prosecution or other legal proceeding shall lie against any officer of the || bureau or any other person exercising any power or performing any function in good faith     |                                                                                 |                                                                                   |                                                                                       || under this act or the rules framed thereunder except with the previous sanction of the       |                                                                                 |                                                                                   |                                                                                       || central government                                                                          |                                                                                 |                                                                                   |                                                                                       || (                                                                                            | 2                                                                               | ) notwithstanding the provision contained in sub-section (                        | 1                                                                                     || prosecution or any other legal proceeding shall be entertained by the central government     |                                                                                 |                                                                                   |                                                                                       || after a period of ten years of the alleged incident                                         |                                                                                 |                                                                                   |                                                                                       || 15                                                                                           |                                                                                 |                                                                                   |                                                                                       || 15                                                                                          | nothing contained in this act shall affect the power of the state government to |                                                                                   |                                                                                       || investigate and prosecute any scheduled offence or other offences under any other law for    |                                                                                 |                                                                                   |                                                                                       || the time being in force                                                                     |                                                                                 |                                                                                   |                                                                                       || power of state                                                                               |                                                                                 |                                                                                   |                                                                                       || government                                                                                   |                                                                                 |                                                                                   |                                                                                       || to investigate                                                                               |                                                                                 |                                                                                   |                                                                                       || scheduled                                                                                    |                                                                                 |                                                                                   |                                                                                       || offences                                                                                    |                                                                                 |                                                                                   |                                                                                       || 45 of 2003                                                                                  |                                                                                 |                                                                                   |                                                                                       |16 in the central vigilance commission act, 2003,—(i) for sub-clause (c) of section 2, the following sub-clause shall be substituted, namely:—amendment of the central vigilance commission act, 200320'(c) "central bureau of investigation" means the central bureau of investigation constituted under section 3 of the central bureau of investigation act, 2010;' (ii) for the words 'delhi special police establishment', wherever they occur in the act, the words 'central bureau of investigation' shall be substituted; and| (                                                                                                  | iii                                                                                    | ) section 26 shall be omitted                                                       ||----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| 25                                                                                                 |                                                                                        |                                                                                      || 49 of 1988                                                                                        |                                                                                        |                                                                                      || 17                                                                                                | in the prevention of corruption act, 1988, in clause (a), in section 17, for the words |                                                                                      || 'delhi special police establishment', the words 'central bureau of investigation' shall be         |                                                                                        |                                                                                      || substituted                                                                                       |                                                                                        |                                                                                      || amendment of                                                                                       |                                                                                        |                                                                                      || the prevention                                                                                     |                                                                                        |                                                                                      || of corruption                                                                                      |                                                                                        |                                                                                      || act, 1988                                                                                         |                                                                                        |                                                                                      || 25 of 1946                                                                                        |                                                                                        |                                                                                      || 18                                                                                                 |  (                                                                                    | 1                                                                                    || 30                                                                                                 |                                                                                        |                                                                                      || repeal of act                                                                                      |                                                                                        |                                                                                      || no 25 of                                                                                          |                                                                                        |                                                                                      || 1946 and                                                                                           |                                                                                        |                                                                                      || savings                                                                                           |                                                                                        |                                                                                      || 10 of 1897                                                                                        |                                                                                        |                                                                                      || (                                                                                                  | 2                                                                                      | ) notwithstanding such repeal, but without prejudice to the application of section 6 || of the general clauses act, 1897, anything done or any action taken or purported to have           |                                                                                        |                                                                                      || been done or taken under or in pursuance of the delhi special police establishment act,            |                                                                                        |                                                                                      || 1946, in so far as it is not inconsistent with the provisions of this act, shall be deemed to have |                                                                                        |                                                                                      || been done or taken in pursuance of the provisions of this act                                     |                                                                                        |                                                                                      || 35                                                                                                 |                                                                                        |                                                                                      || (                                                                                                  | 3                                                                                      | ) upon repeal of the said act, all persons who were members of the delhi special     || police establishment immediately before such repeal, shall be deemed to be appointed as            |                                                                                        |                                                                                      || members of the bureau                                                                             |                                                                                        |                                                                                      || power to make                                                                                      |                                                                                        |                                                                                      || rules                                                                                             |                                                                                        |                                                                                      || 19                                                                                                 |  (                                                                                    | 1                                                                                    || for carrying out the purposes of this act                                                         |                                                                                        |                                                                                      || 40                                                                                                 |                                                                                        |                                                                                      || 45                                                                                                 |                                                                                        |                                                                                      || (                                                                                                  | 2                                                                                      | ) every rule made under this act shall be laid, as soon as may be after it is made,  || before each house of parliament, while it is in session, for a total period of thirty days which   |                                                                                        |                                                                                      || may be comprised in one session or in two or more successive sessions, and if, before the          |                                                                                        |                                                                                      || expiry of the session immediately following the session or the successive sessions aforesaid,      |                                                                                        |                                                                                      || both houses agree in making any modification in the rule or both the houses agree that the         |                                                                                        |                                                                                      || rule should not be made, the rule shall thereafter have effect only in such modified form or be    |                                                                                        |                                                                                      || of no effect, as the case may be; so, however, that any such modification or annulment shall       |                                                                                        |                                                                                      || be without prejudice to the validity of anything previously done under that rule                  |                                                                                        |                                                                                      | schedule i[see section 7(i)]1 offences punishable under sections 121, 121a, 122, 123, 124, 124a, 128, 129, 130,131, 132, 133, 134, 135, 136, 138, 140, 231, 232, 233, 234, 235, 236, 236a, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 489a, 489b, 489c, 489d, 489e of the indian penal code, 1860 (act no 45 of 1860) related to matters in the list i—union list of the seventh schedule to the constitution2 the aircraft act, 1934 (act no 22 of 1934) and rules made under the said act3 the anti-hijacking act, 1982 (act no 65 of 1982) 4 the antiquities and art treasures act, 1972 (act no 52 of 1972) 5 the arms act, 1959 (act no 54 of 1959)6 the atomic energy act, 1962 (act no33 of 1962) 7 the central excises act, 1944 (act no 1 of 1944) 8 section 63, 63-a, 63-b, 65, 67, 68, 68a and 69 of the copyright act, 1957(act no 14 of 1957)9 the customs act, 1962 (act no 52 of 1962)10 the drugs and cosmetics act, 1940 (act no 23 of 1940) 11 section 24 of the emigration act, 1983 (act no 31 of 1983) 12 emergency provisions (continuance) ordinance 1946 (ordinance no 20 of 1946)if committed by the employees of the central government or contractors or subcontractors or their representatives by contravening any order issued by the central government13 the essential commodities act, 1955 (act no 10 of 1955)14 the explosives act, 1884 (act no 4 of 1884) 15 the explosive substances act, 1908 (act no 6 of 1908) 16 the foreign contribution (regulation) act,  1976 (act no 49 of 1976) 17 the foreigners act,  1946 (act no 31 of 1946) 18 the foreigners exchange management act, 1999 (act no 42 of 1999) 19 the general insurance business (nationalisation) act, 1972 (act no 57 of 1972) 20 the income-tax act, 1961 (act no 43 of 1961) 21 the insurance act, 1938 (act no 4 of 1938) 22 the industries (development and regulation) act, 1951 (act no 65 of 1951) 23 the information technology act, 2000 (act no 21 of 2000) 24 the indian stamp act, 1899 (act no 2 of 1899) 25 the mines and minerals (development and regulation) act, 1957 (act no 67 of1957)26 the narcotic drugs and psychotropic substances act, 1985 (act no 61 of1985)27 the official secrets act, 1923 (act no 19 of 1923) 28 the passport (entry into india) act, 1920 (act no 34 of 1920) 29 the passport act, 1967 (act no 15 of 1967) 30 the prevention of illicit traffic in narcotic drugs and psychotropic substancesact, 1988 (act no 46 of 1988)31 the prevention of insults of national honour act, 1971 (act no 69 of 1971) 32 the prevention of money laundering act, 2002 (act no 15 of 2003) 33 the prevention of money laundering (amendment) act, 2009 (act no 21 of2009)34 the press and registration of books act, 1867 (act no 25 of 1867) 35 section 4 and 5 of the prize chits and money circulation scheme (banning) act,1978 (act no 43 of 1978)36 the indian post office act, 1898 (act no 6 of 1898) 37 the railways act, 1989 (act no 24 of 1989) 38 the railways properties stores (unlawful possession) act, 1966 (act no 29 of1966)39 the railways act, 1989 (act no 24 of 1989) 40 the representation of people act, 1950 (act no 43 of 1950) 41 the representation of the people act, 1951 (act no 43 of 1951) 42 the registration of foreigners act, 1939 (act no 16 of 1939) 43 the suppression of unlawful act against safety of civil aviation act, 1982(act no 66 of 1982)44 section 11 and 12 of the territorial waters, continental shelf, exclusive economiczone and other maritime zones act, 1976 (act no 80 of 1976)45 the indian telegraph act, 1885 (act no 13 of 1885) 46 the telegraph wires (unlawful possession) act, 1950 (act no 74 of 1950) 47 the unlawful activities (prevention) act, 1967 (act no 37 of 1967) 48 the indian wireless and telegraphy act, 1933 (act no 17 of 1933) 49 the wealth-tax act, 1957 (act no 27 of 1957)explanation—attempts, abetments and conspiracies in relation to or in connection with the offences mentioned in this schedule and any other offences committed in the course of the same transaction arising out of the same facts shall be deemed to be offences under this schedule schedule ii [see section 7 (ii)]1 offences punishable under sections 34, 114, 120b, 143, 147, 148, 149, 153a, 153b,166, 167, 168, 169, 170, 171e, 171f, 182, 186, 188, 189, 190, 193, 196, 197, 198, 199, 200, 201, 204, 211, 212, 214, 216, 216-a, 218, 220, 222, 223, 224, 225, 225b, 275, 277, 279, 283, 284, 285, 286, 292, 295, 295a, 302, 303, 304, 304a, 304b, 306, 307, 308, 309, 323, 324, 325, 326, 328, 330, 331, 332, 333, 336, 337, 338, 341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363, 363a, 364, 364a, 365, 366, 367, 368, 376, 376a, 376b,376c, 376d, 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 398, 399, 401, 402, 403, 406, 407, 408, 409, 411,  412, 413, 414, 417, 418, 419, 420, 421, 426, 427, 429, 431, 435, 436, 440, 447, 448, 452, 454, 456, 457, 460, 461, 465, 466, 467, 468, 469, 471, 472, 473, 474, 475, 476, 477, 477a, 489, 495, 498a, 499, 500, 501, 502, 504, 505, 506, 507, 509 of the indian penal code, 1860 (act no 45 of 1860) related to matters in the list iii— concurrent list of the seventh schedule to the constitution2 section 3 of the benami transaction (prohibition) act, 1988 (act no 45 of 1988) 3 the companies act, 1956 (act no 1 of 1956) 4 the criminal law (amendment) act, 1961 (act no 23 of 1961) 5 the electricity act, 2003 (act no 36 of 2003) 6 the gift tax act, 1958 (act no 18 of 1958) 7 section 3, 4, 5, 8, 9 and 15 of the immoral traffic (prevention) act, 1956(act no 104 of 1956)8 the industries (development and regulation) act, 1951 (act no 65 of 1951) 9 the information technology act, 2000 (act no 21 of 2000)10 the motor vehicles act, 1988 (act no 59 of 1988)11 section 138 of the negotiable instruments act, 1881 (act no 26 of 1881) 12 the prevention of corruption act, 1988 (act no 49 of 1988) 13 the preventional of food adulteration act, 1954 (act no 37 of 1954) 14 the prevention of damage to public property act, 1984 (act no 3 of 1984) 15 the press and registration of books act, 1867 (act no 25 of 1867) 16 the religious institutions (prevention of misuse) act, 1988 (act no 41 of1988)17 sections 3 and 4 of the scheduled castes and scheduled tribes (prevention ofatrocities) act, 1989 (act no 33 of 1989)18 section 51 of the wildlife  protection act, 1972 (act no 53 of 1972) 19 the assam opium prohibition act, 1947 20 the andhra pradesh control of organized crime act, 2001 21 the bombay stamp act, 1958 22 (a) sections 121, 147, 161, 162, 163, 164, 165, 166, 167, 168, 169, 182, 193, 197,198,201, 204, 211, 218, 223, 224, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 246, 247, 248, 249, 250, 251, 252, 253, 254, 258, 259, 260, 261, 262, 263, 263a,302, 304, 304a, 306, 307, 308, 309, 323, 324, 325, 326, 328, 330, 332, 333, 336, 337,338, 341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363, 363a, 364, 365, 366, 367, 368, 376, 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 395, 403, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 427, 452, 465, 466, 467, 468, 471, 472, 473, 474, 475, 476, 477a, 489a, 489b, 489c, 511 of the jammu and kashmir act no 12 of sambat 1989(b) the jammu and kashmir state prevention of corruption act sambat 2006(j&k act no 13 of sambat 2006)(c) sections 132, 133, 135, 136 of the custom act, 1962 (jammu and kashmiract no 52 of 1952)(d) the energy agents ordinance of sambat 2005 issued by government ofjammu and kashmir23 the karnataka control of organized crime act, 2000 24 the karnataka stamp act, 1957 25 the maharashtra control of organized crime act, 1999 26 section 7 of the nagaland security regulation 1962 (regulation 5 of 1962) 27 the punjab special powers (press) act, 1956 (punjab act no 38 of 1956) 28 the uttar pradesh indian medicines act, 1939 (up act no 10 of 1939) 29 the uttar pradesh gangsters and anti-social activities (prevention) act, 1986(uttar pradesh act no 7 of 1986)30 the west bengal security act, 1950 (west bengal act no 19 of 1950) asre-enacted by the west bengal security (re-enacted and validation) ordinance, 1966explanation—attempts, abetments and conspiracies in relation to or in connection with the offences mentioned in this schedule and any other offence committed in the course of the same transaction arising out of the same facts shall be deemed to be offences under this schedule statement of objects and reasonsthe ministry of home affairs, government of india's resolution no 4/31/61-t, dated141963 established the central bureau of investigation with a view to investigate serious crimes relating to defence of india, corruption in high places, serious frauds, cheating and embezzlement and social crimes, particularly of hoarding, black-marketing and profiteering in essential commodities, having all-india and inter-state ramificationsthe central bureau of investigation is presently governed by the delhi special police establishment act, 1946 (act no 25 of 1946) this act dates back to the pre-independence and pre-constitutional era as per the existing provisions, the central bureau of investigation requires consent of states to investigate offences in their jurisdiction as per the delhi special police establishment act this has become a conflict area as a number of states have challenged the powers of the supreme court and the high courts to order investigation by the central bureau of investigation without their consentsuccessive parliamentary committees have recommended replacement of delhi special police establishment act by an independent central bureau of investigation act keeping in view the above constraints and the rising challenges the second administrative reforms commission in its fifth report on public order in june 2007 recommended that a new law should be enacted to govern the working of the central bureau of investigation this law should also stipulate its jurisdiction including the power to investigate the new category of crimesthe bill seeks to provide an appropriate legal architecture and give statutory status to the central bureau of investigation and to equip it with police power to prevent, investigate and prosecute serious crimes pertaining to the security of the country, corruption and other crimes having all india and inter-state ramifications in an independent and transparent mannernew delhi;manish tewarijuly 12,  2010 financial memorandumclause 3 of the bill provides for the constitution of central bureau of investigation by the central government clause 9 provides for setting up of a directorate of prosecution to undertake all work relating to prosecution, appeal and revision of cases investigated by the bureau the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees three hundred and ten crore will be involved as recurring expenditure per annumno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 19 of the bill gives power to the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character extract from the central vigilance commission act, 2003(act no 45 of  2003) chapter  i preliminary2 (c) "delhi special police establishment" means the delhi special police establishment constituted under sub-section (1) of section 2 of the delhi special police establishment act, 1946; chapter  v miscellaneous26 in the delhi special police establishment act, 1946,:—(a) after section 1, the following section shall be inserted, namely:—amendment of act 25 of 1946 interpretation section"1a words and expressions used herein and not defined but defined in the central vigilance commission act, 2003, shall have the meanings, respectively, assigned to them in that act"; (b) for section 4, the following sections shall be substituted, namely:—"4 (1) the superintendence of the delhi special police establishment in so far as it relates to investigation of offences alleged to have been committed under the prevention of corruption act, 1988, shall vest in the commissionsuperintendence and administration of special police establishment(2) save as otherwise provided in sub-section (1), the superintendence of the said police establishment in all other matters shall vest in the central government(3) the administration of the said police establishment shall vest in an officer appointed in this behalf by the central government (hereinafter referred to as the director) who shall exercise in respect of that police establishment such of the powers exercisable by an inspector- general of police in respect of the police force in a state as the central government may specify in this behalf4a (1) the central government shall appoint the director on the recommendation of the committee consisting of—committee for appointment of director(a) the central vigilance commissioner—chairperson; (b) vigilance commissioners—members; (c) secretary to the government of india incharge of the ministry of home affairs in the central government—member;(d) secretary (coordination and public grievances) in the cabinet secretariat—member (2) while making any recommendation under sub-section (1), the committee shall take into consideration the views of the outgoing director(3) the committee shall recommend a panel of officers—(a) on the basis of seniority, integrity and experience in the investigation of anticorruption cases; and(b) chosen from amongst officers belonging to the indian police service constituted under the all-india services act, 1951, for being considered for appointment as the director 4b (1) the director shall, notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes officeterms and conditions of service of director(2) the director shall not be transferred except with the previous consent of the committee referred to in sub-section (1) of section 4a4c (1) the committee referred to in section 4a shall, after consulting the director, recommend officers for appointment to the posts of the level of superintendent of police and above and also recommend the extension or curtailment of the tenure of such officers in the delhi special police establishment(2) on receipt of the recommendation under sub-section (1), the central government shall pass such orders as it thinks fit to give effect to the said recommendation";appointment for posts of superintendent of police and above, extension and curtailment of their tenure, etc(c) after section 6, the following section shall be inserted, namely:—"6a (1) the delhi special police establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption act, 1988 except with the previous approval of the central government where such allegation relates to—approval of central government to conduct inquiry or investigation(a) the employees of the central government of the level of joint secretary and above; and(b) such officers as are appointed by the central government in corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government (2) notwithstanding anything contained in sub-section (1), no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in clause (c)of the explanation to section 7 of the prevention of corruption act, 1988"     extract from the prevention of corrupton act, 1988 (act no 49 of 1988) chapter  iv investigation into cases under the act    17 notwithstanding anything contained in the code of criminal procedure, 1973, no police officer below the rank,—persons authorized to investigate(a) in the case of the delhi special police establishment, of an inspector of police;     ————— a billto provide for the constitution of a central bureau of investigation for prevention, investigations and prosecution of certain offences and for matters connected therewith—————(shri manish tewari, mp)gmgipmrnd—3498ls(s3)—06-08-2010