 bill no  xlii of  2013 the central bureau of investigation bill, 2013 a billto provide for the constitution of a central bureau of investigation for prevention, investigation and prosecution of certain offences and for matters connected therewith or incidental thereto be  it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the central bureau of investigation  act, 2013 (2) it extends to the whole of india, and also applies—short title, extent, application and commencement5(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, appoint102 in this act, unless the context otherwise requires,—definitions(a) "bureau" means the central bureau of investigation constituted under section 3;2 of 1974(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; (e) "prescribe" means prescribed by rules made under this act; (f) "schedules" means schedules to this act; and5(g) "scheduled offences" means an offence or classes of offences specified in schedules of this act10constitution 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 from time to time(2) the bureau shall be headed by an officer to be designated as the director15(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 and such other personnel as may be prescribed by the central government4 (1) the central government shall appoint the director on the recommendation of the committee consisting of—(a) the chairman, rajya sabha,—chairperson;20committee for appointment of the director and other officers of bureau(b) the leader of opposition in rajya sabha,—member;(c) a sitting judge of the supreme court to be nominated by the chief justice of india,—member;(d) the central vigilance commissioner,—member; and25(e) any one from amongst the retired directors of the erstwhile central bureau of invstigation,—member (2) save as hereinafter provided in this section, the superintendence of the central bureau of investigation shall be vested in the committee30(3) the committee, in consultation with the director, shall recommend to the central 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(4) on receipt of the recommendation under sub-section (3), the central government shall pass such orders as it thinks fit to give effect to such recommendation5 (1) the director shall hold office for a period of not less than two years from the date on which he assumes office:35terms and conditions of service of the directorprovided that the director may be transferred before the stipulated period oftwo years with the previous consent of the committee40(2) the administration of the bureau shall vest in the director who shall exercise suchadministrative powers as the committee constituted under section 4 may prescribe in this behalfinvestigation of scheduled offences6 notwithstanding anything contained in any other law for the time being in force andsubject to such general or specific orders of the committee, the bureau shall prevent, investigate and prosecute the offences specified in—45(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 matter specified in list 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 time57 the central government may in consultation with the committee order extension to any area including railway areas, in a state, the powers and jurisdiction of officers of the bureau for the prevention, investigation and prosecution of offences specified in section 6(ii):extension of powers andjurisdiction of the bureau to states10provided that the prior consent of the state government shall be necessary for investigation and prosection of the offences specified in section 6(ii)officer of the bureau to exercise powers of police officer8 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 court159 an officer of the bureau may exercise the powers and discharge the duties conferred or imposed under this act on any other officer of the bureau who is subordinate to himpower of subordinate officers may be exercised by senior officers of the bureau2010 (1) notwithstanding anything contained in this act or any other law for the time being in force, the spreme court and the high courts shall have power to direct the bureau to investigate or enquire into any offencepower of courts to order investigation(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 offence25statement to an officer of bureau to be signed11 the provision of section 162 of the code shall not apply in relation to an investigation conducted by an officer of the bureau and the statement made by any person to an officer of the bureau shall be recorded in writing and signatures or thumb impressions, as the case may be, of the person making it shall be obtained by the officer of the bureau on such statement30protection of action taken in good faith12 (1) no suit, prosecution or other legal proceedings 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), no request of suit, prosecution or any other legal proceeding shall be entertained by the central government after a period of two years of the alleged incident3513 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 forcepower of state government to investigate scheduled offences45 of 200314 in the central vigilance commission act, 2003,—40(i) for sub-clause (c) of section 2, the following sub-clause shall be substituted, namely:—amendment of the central vigilance commission act, 2003'(c) "central bureau of investigation" means the central bureau of investigation constituted under section 3 of the central bureau of investigation act, 2013;' (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 omitted49 of 1988515 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 substitutedamendment of the prevention of corruption act, 198825 of 194616 (1) the delhi special police establishment act, 1946 is hereby repealedrepeal of act no 25 of1946 andsavings10 of 189710(2) notwithstanding such repeal, but without prejudice to the application of section 6of 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 act15(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 bureaupower to make rules17 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act20(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 rule25 schedule  i [see section 6 (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, 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, 263, 263a, 489a, 489b, 489c, 489d, 489e of the indian penal code, 1860 (act no 45 of 1860) related to matters in the list 1—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 treasurers act, 1972 (act no 52 of 1972) 5 the arms act, 1959 (act no 54 of 1959) 6 the atomic energy act, 1962, (act no 33 of 1962) 7 the central excise act, 1944 (act no 1 of 1944) 8 sections 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) ifcommitted 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 regulation act, 1973 (act no 46 of 1973) 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 import and export control act, 1947 (act no 18 of 1947) 22 the insurance act, 1938 (act no 4 of 1938) 23 the industries (development and regulation) act, 1951 (act no 65 of 1951) 24 the information technology act, 2000 (act no 21 of 2000) 25 the indian stamp act, 1899 (act no 2 of 1899) 26 the mines and minerals (development and regulation) act, 1957 (act no 67 of1957)27 the narcotic drugs and psychotropic substances act, 1985 (act no 61 of 1985) 28 the official secrets act, 1923 (act no 19 of 1923) 29 the passport (entry into india) act, 1920 (act no 34 of 1920) 30 the passport act, 1967 (act no 15 of 1967) 31 the prevention of illicit traffic in narcotic drugs and psychotropic substancesact, 1988 (act no 46 of 1988)32 the prevention of insults of national honour act, 1971 (act no 69 of 1971) 33 the prevention of money laundering act, 2002 (act no 15 of 2003) 34 the prevention of money laundering (amendment) act, 2009 (act no 21 of 2009) 35 the press and registration of books act, 1867 (act no 25 of 1867) 36 sections 4 and 5 of the prize chits and money circulation scheme (banning) act,1978 (act no 43 of 1978)37 the indian post office act, 1898 (act no 6 of 1898) 38 the railways act, 1989 (act no 24 of 1989) 39 the railways properties stores (unlawful possession) act, 1966 (act no 29 of1966)40 the railways act, 1989 (act no 24 of 1989) 41 the representation of people act, 1950 (act no 43 of 1950) 42 the representation of the people act, 1951 (act no 43 of 1951) 43 the registration of foreigners act, 1939 (act no 16 of 1939) 44 the securities and exchange board of india act, 1992 (act no 15 of 1992) 45 the suppression of unlawful act against safety of civil aviation act, 1982(act no 66 of 1982)46 sections 11 and 12 of the territorial waters, continental shelf, exclusive economiczone and other maritime zones act, 1976 (act no 80 of 1976)47 the indian telegraph act, 1885 (act no 13 of 1885) 48 the telegraph wires (unlawful possession) act, 1950 (act no 74 of 1950) 49 the unlawful activities (prevention) act, 1967 (act no 37 of 1967) 50 the indian wireless and telegraphy act, 1933 (act no 17 of 1933) 51 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 6(ii)]1 offences punishable under sections 34, 114, 120b, 143, 147, 148, 149, 153a, 153b,161, 162, 163, 164, 165a, 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 104of 1956)8 the industries (development and regulation) act, 1951 (act no 65 of 1951) 9 the informationtechnology 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 of 1988) 17 section 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 kashmir actno 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) as re-enactedby 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  reasonsit is the  voice of the common man, political parties as well as hon'ble supreme court that, to liberate the central bureau of investigation from extraneous consideration, political influence, intrusions and other interference, the cbi should be independent unbiased and free from political inteferance it should not depend on political executives for carrying out its immediatesuccessive parliamentary committees have recommended replacement of the delhi special police establishment act 1946 by an independent central bureau of investigation act keeping in view the above contraints 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 cbi 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 cbi 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 mannerthe bill seeks to achieve above objectivesdilipbhai  pandya financial  memorandumclause 3 of the bill provides for the constitution of central bureau of investigation by the central government 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 it likely to be involved memorandum  regarding  delegated  legislationclause 17 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 annexure extract from the central vigilance commission act, 2003 (act no 45 of 2003) chapter i preliminary            2 (c) "delhi special police establishment" means the delhi speical police establishment constituted under sub-section (1) of section 2 of the delhi special police establishment act1946;        chapter v miscellaneous [10] m c gonzalez-garcia, m c gonzalez-garcia, m26 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—(a) the central vigilance commissioner—chairperson;committee for appointment of director(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 anti-corruption 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 directorterms and conditions of service of director4b (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 office(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 establishmentappointment for posts of superintendent of police and above extention and curtailment of their tenure, etc(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 recommendations"; (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 corruption act, 1988 (act no 49 of 1988) chapter iv investigation in to 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, investigation and prosecution of certain offences and for matters connected therewith or incidental thereto————(shri dilipbhai pandya, mp)gmgipmrnd—1085rs(s4)—11-07-2014