Shri Naveen Patnaik

Hon'ble Chief Minister

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Powers and Scope

Officers posted to Vigilance enjoy all powers of a police officer as per provisions of the Cr. P.C. All the six Divisional Headquarters and Vigilance Cell have been declared as police stations, with powers to register cases and investigate them in respect of offences

  • punishable under Prevention of Corruption Act, 1988 (49 of 1988)
  • Offences relating to :-
    • Evasion of taxes and different control orders
    • Transit and possession of Forest Products as enumerated in Section 45 and 46 of the Orissa Forest Act, 1972 (Odisha Act 14 of 1972) read with section 56 of the said Act.
    • The Orissa Timber and other forest products Transit Rules, 1980.
    • The Essential Commodities Act, 1955 (10 of 1955)
    • Prevention of Food Adulteration Act, 1954 (37 of 1954)
    • The Standard of Weight and Measures (Enforcement) Act, 1950 (26 of 1950)
    • The Drug (Control) Act, 1950(26 of 1950)
    • The Motor Vehicle Act, 1988 (59 of 1988) and
    • All organized offences under the aforesaid Acts, Orders and Rules effecting the pecuniary interest of the State.
  • Offences under Sections 409, 419, 420 and chapter XVIII of the Indian Penal Code, 1860 committed by the public servants as defind in the said Code and in the Prevention of Corruption Act of 1988.
  • Attempt, abetments and conspiracies in respect of offences mentioned in items (a), (b) and (c) above.

The State Government has empowered Inspectors of Vigilance to investigates cases under the Prevention of Corruption Act.

The State Vigilance inquires into and investigates all types of corruption cases against public servants. The term ‘public servant’ has been defined in detail in the Prevention of Corruption Act, 1988. However, broadly speaking it includes anyone in the service of the Government/PSU and it includes political functionaries like M.L.A, M.P, Functionaries of the Zilla Parishad, Panchayat Samities, Urban Local Bodies and Officers working in Govt. aided Co-operatives, etc.

The State Vigilance is competent to take up open enquiries and investigation of criminal cases under the specific Acts as notified by the Government. There is no restriction on the power of the State Vigilance except one executive instruction stipulating that prior permission of Government is required when enquiry is taken up against public servants of and above class-I status. Open enquiry is conducted only after due secret verification.

Types of cases mostly registered by the Vigilance are as under :-

TRAP:

This is a case where on receipt of a written complaint of demand for illegal gratification by any public servant and on prime facie satisfaction of the genuineness of the complain, Vigilance officers along with the complainant and official witness proceed to the appointed place where the public servant has arranged to accept the demanded amount. The public servant is trapped while accepting the amount from the complainant. In such cases, the presence of the complainant or his representative is a must. There is provision for reimbursement of the bribe money after execution of the Trap on the representation of the complainants.

DISPROPORTIONATE ASSETS:

Whenever any public servant acquires property beyond his means he is said to have assets disproportionate to his known sources of income. “Known sources of income” means income received from lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or order for the time being applicable to a public servant. Identity of the informant is kept secret and he is never exposed at any stage of the inquiry, investigation or trial. When the information so furnished leads to detection/seizure of the said property (ies) and registration of Criminal Cases, due rewards are given to the informants.

CORRUPTION CASES:

This category covers a wide variety of cases involving specific corrupt acts by public servants like showing favour to a particular party in award of contracts, purchase of items at higher rates, misappropriation of Government money by showing false or fabricated purchases and show of favour in appointments, execution of substandard work etc. and causing any undue pecuniary advantage to any one, without any public interest. Such cases are registered on specific allegations. In these types of cases, the identity of the informant is kept secret and is not be exposed at any stage of the inquiry, investigation or trial.

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