The Director-cum-D.G. and I.G. of Police, Vigilance, Odisha, Cuttack

Introduction

  MANUAL-1 

Particulars of Organization, Functions & Duties

[Section-4 (1) (b) (i)]

1. Objective / Purpose of the Public Authority.

     To free public service from corruption for the benefit of the people of Orissa. To combat corruption through Enforcement, Prevention, Public Education and Community Support.

2. Mission / Vision Statement of the public authority:

Mission:

     To free public service from corruption for the benefit of the people of Orissa. To combat corruption through Enforcement, Prevention, Public Education and Community Support.

Vision:

i) Be a progressive, Proactive and Innovative organisation.
ii)  To ensure personal and Organizational Integrity.
iii)  Continuous improvement in all that we do.
iv) Educating public in fighting corruption.
v)   Ensuring public cooperation to eradicate corruption.
vi) To protect the honest and make them feel wanted.
vii)To detect the dishonest and get them prosecuted under the Law.
viii)   To deter the fence-sitters from wrong doing.

3. Brief history of the public authority and context of its formation:

     Vigilance Department was born in the year 1944 as an enforcement organisation under the Supply and Transport Department for enforcing various control orders. This Organisation was renamed as "Anti-corruption Department" and came under the control of "Political & Services Deptt." in 1956.

In 1957 the name of this Organisation was changed from "Anti-corruption" to "Vigilance".

4. Duties of the public authority:

Officers of Vigilance are empowered to investigate into cases as noted, 
i) Offences punishable under the Prevention of Corruption Act, 1988 (49 of 1988).
ii) Offences relating to : -

• evasion of taxes and different control orders;

• transit and possession of Forest Products as enumerated in sections 45 and 46 of the Orissa Forest Act, 1972 (Orissa Act 14 of 1972) read with section 56 of the said Act;
• the Odisha Timber and other Forest Products Transit Rules,1980;
• the essential Commodities Act, 1955 (10 of 1955);
• the Prevention of Food Adulteration Act, 1954 (37 of 1954);
• the Standard of Weights and Measures (enforcement) Act, 1950 (26 of 1950);
• the Drugs (Control) Act, 1950 (26 of 1950)
• the Motor Vehicles Act, 1988 (59 of 1988) and

• all organized offences under the aforesaid Acts, Orders and rules effecting the pecuniary interest of the State.

iii) Offences under sections 409, 419 and 420 and Chapter-XVIII of the Indian Penal Code, 1860 committed by Public servants as defined in the said Code and in the Prevention of Corruption Act, 1988.
iv) Attempts, abetments and conspiracies in respect of offences mentioned in items (a), (b), (c) and (d) above by whomsoever committed.
v) Any other particulars offences or class of offences that may be specified by the State Government from time to time.
vi) Further on the Notification of Home Deptt. No.128/C dt.14.1.2010, the Government Odisha has given power to Vigilance to  investigate into  cases under the following Acts / Rules.

• The Odisha Forest Act, 1972.

• The Wildlife (Protection) Act, 1972.
• The Indian Forest Act, 1927.
• The Forest (Conservation) Act, 1980.
• The Forest (Conservation) Rules, 2003.
• The Environment (Protection and Control of Pollution) Act.
• The Environment (Protection) Rules, 1986.
• The Air (Prevention and Control of Pollution) Rules, 1981.
• The Air (Prevention and Control of Pollution) rules, 1982.
• The Water (Prevention and Control of Pollution) Act, 1974.
• The Water (Prevention and Control of Pollution) Rules, 1975.
• The Water (Prevention and Control of Pollution) Cess Act, 1977.
• Odisha Minor Mineral Concession Rules, 2004.
• The Mines Act, 1952.
• The Mines and Minerals (Development and Regulation) Act, 1957.
• The Mineral Concession Rules, 1960.
• Odisha Minerals (Prevention of Theft, Smuggling and other unlawful Activities) Act, 1988.
• Odisha  Minor Minerals Concession Rules, 2004.

• Odisha  Minerals (Prevention of theft, smuggling and illegal    mining and regulation of possession, storage, trading and transportation Rules, 2007).

• Odisha Special Court Act-2006
• Odisha Special Court Rule-2007.

5. Main activities / functions of the public authority:

To free public service from corruption for the benefit of the people of Orissa. To combat corruption through Enforcement, Prevention, Public Education and Community Support.

6. List of services being provided by the public authority with a brief write-up on them:

     To free public service from corruption for the benefit of the people of Orissa. To combat corruption through Enforcement, Prevention, Public Education and Community Support.

     Vigilance registered   criminal cases against public servants on the charges of demanding and accepting illegal gratification, accumulation and possession of disproportionate Assets, show of undue official favour, corruption, irregularities, under P.C.Act 1988, and other offence like mining scam, forest and Essential commodities offence, evasion of sales tax etc.. During investigation we arrest and forward the corrupted public servant in custody to judicial custody.

     After completion of investigation Vigilance submit charge sheet, pursue the prosecution and move Govt. for dismissal of convicted public servants from service. In case of acquittal we go for appeal. Vigilance refers to Government against Government servants involved in Vigilance cases/ Files for initiation of Department Proceeding and pursue Government Departments for preparation of 'Agreed list' and list of officer in doubtful integrity ( Suspect list). We write to Government Departments for not to post officer under suspect list in sensitive and lucrative post and keep close watch on officer under  ' Agreed list'. Vigilance also  checks and protest promotion and posting of corrupted Government officials.

     Attachment & Confiscation of properties of corrupted Government Servants involved in D.A  case is also  one of the service of Odisha Vigilance. Vigilance also collect good number of revenue to the  tune of crores in sales tax evasion cases and create awareness among the general public to remain  vigle on corruption and cooperate Vigilance Deptt. in combating corruption.

7. Organisational Structure, Diagram at various levels namely State, directorate, region district, block etc. (whichever is applicable)

The state Vigilance Orissa is an Anti-Corruption Department. It is headed by a Director-cum-D.G. of Police and assisted by three Is.G. of Police, having its Directorate Headquarters at Cuttack-1. As regards  its structure the State Vigilance has been divided into 6 Divisions viz

i) Cuttack Division with Headquarter at Cuttack.
ii)  Bhubaneswar Division with Headquarter at Bhubaneswar.
iii) Berhampur Division with Headquarter at Berhampur.
iv) Balasore Division with Headquarter at Balasore.
v)  Sambalpur Division with Headquarter at Sambalpur.
vi)  Koraput Division with Headquarter at Jeypore.

Apart from 6 divisions a Vigilance Cell is functioning at Directorate Cuttack  to enquire/investigate selected cases of importance.

      All the Divisions and Cell are headed by a S.P. each.  All the Six divisions have been broadly divided into 2 Ranges viz; Southern Range and Northern Range each under the control of a IG. Each Division has its own Unit and Squad offices. Each Unit Office is headed by a DSP and each Squad office is under the charge of an Inspector. The Vigilance Units and Squads are situated as under:

     To help in Vigilance investigations and enquiries Vigilance has a Technical Wing under the charge of Superintending Engineer who is assisted by an Executive Engineer, an Asst. Executive Engineer, Junior Engineers to provide the technical input.  Besides, vigilance has a Sales Tax  Wing  under the charge of Addl. Commissioner Sales Tax, Forest Wing headed by Dy. Conservator of Forests, Photo Bureau, Handwriting Unit and Computer Wing also to assist in investigation/ enquiries.

     Vigilance also has a Legal Adviser, a Senior Standing Counsel  assisted by Standing Counsels for prosecution of Vigilance cases in Hon'ble High Court, Odisha. Besides,3 there are 18 P.Ps (Public Prosecutor) / Spl. P.Ps / Addl. PP/Addl. Special P.Ps/ Asstt. P.P. are working   in the Court of 11 Special Judge, Vigilance Courts, 2 Special Courts, 2 Courts of Authorised Officer and  1 Court of Chief Judicial Magistrate to conduct prosecution in Vigilance cases.

     The Special Judge Vigilance Courts are situated one each at Cuttack,   Berhampur, Sambalpur, Jeypore, Bolangir, Balasore, Bhawanipatna and 3 courts in Bhubaneswar. besides there are two Special courts one each at Cuttack and Bhubaneswar exclusively for trial of DA(Disproportionate Assets) cases against high political and high public official. Each special court consists of (1) Special Judge Court and (1) court of authorised officer.

 State Vigilance deals primarily with prevention and  detection of Corruption and in the process contributes in good governance.

8. Expectation of the public authority from the public for enhancing its effectiveness and efficiency:

Expect cooperation from general public in providing information about corrupt public servants / corruption and cooperation in investigation as well as prosecution of Vigilance cases.

9. Arrangements and methods made for seeking public participation/ contribution:

i) By creating awareness amongst public.
ii) Members of public and their complaint by personal contact, letters, e-mail or over phone etc.

10. Mechanism available for monitoring the service delivery and public grievance resolution:

A monthly work done report is sent to Government for appraisal of activities of Vigilance. Press releases of activities are also done regularly.

11. Addresses of the main office and other offices at different levels. (Please categorise the addresses district wise for facilitating the understanding by the user:

Vigilance Directorate, Orissa, Nuapatna, Cuttack.
E-mail:igpvigilance@sify.com

Divisional Offices:

i) Cuttack Division, Nuapatna, Cuttack.
ii) Bhubaneswar Division, Suryanagar, Bhubaneswar.
iii) Berhampur Division, Kamapalli, Berhampur.
iv) Koraput Division, Near Govt. Bus stand Jeypore.
v) Sambalpur Division, Motojharan, Sambalpur.
vi) Balasore Division, Bamapada, Balasore.
vii) Cell, Vigilance Directorate, Nuapatna, Cuttack.

12. Office Hours:

Morning hours of the Office : 10 A.M
Closing  hours of the Office : 5 P.M.

Officers are available over phone.

  MANUAL-2 

Powers & Duties of Officers & Employees

[Section-4 (1) (b) (ii)]

  MANUAL-3 

Procedure Followed in Decision Making Process

[Section-4 (1) (b) (iii)]

1. What is the procedure followed to take a decision for various matters? (A reference to Secretariat Manual and Rule of Business Manual and other rules/ regulations etc. can be made):

  As per Vigilance Police Instructional Handbooks Vol. I to V, PMR Government Notification/Resolution/Circular issued from time to time and Judgements of Hon’ble Supreme Court and High Courts pronounced in different cases from time to time.

2. What are the documented procedures / laid down procedures / Defines Criteria / Rules to arrive at a particular decision for important matters ? What are different levels through which a decision process moves?

  Vigilance Police Instructional Handbooks, Vol.I to V, Government Notification/Resolution/Circulars, Code of Criminal Procedure (Cr.P.C), Prevention of Corruption, 1988 , & Odisha Special Court Act,2006 & Odisha Special Court Rule-2007 proposal for taking decision are initiated by Ss.P of Divisions and sent to Director-cum-Addl.D.G Vigilance/I.G Vigilance for taking final decision. In some matter decision are taken at Vigilance Directorate whereas  in some other cases, matters  are moved to Chief Minister through Chief Secretary for   final decision. In small matter decision are taken by at Divisional level by Ss.P.

3. What are the arrangements to communicate the decision to the public?

Through Press Releases, T.V. News, Notifications, Notice Board, Vigilance Bulletin and  Vigilance Gazette, Meetings and Conference held during Vigilance Awareness Week every  year.

4. Who are the officers at various levels whose opinions are sought for the process of decision making?

1. Director-cum-Addl. D.G. of Police, Vigilance
2. I.G. of Police, Vigilance/ D.I.G of Police, Vigilance
3. Legal Advisor, Vigilance
4. Addl. Commissioner Commercial Taxes, Vigilance
5. Dy. Conservator of Forests, Vigilance
6. Superintendents of Police, Vigilance
7. Executive Engineer, Vigilance
8. Dy. Superintendents of Police, Vigilance
9. Officer on Special Duty (Estt.)
10. Section Officer, Accounts
11. Asst. Section Officers & Senior Assistants
12. Dy.Superintendent of Police, (System Analyst)
13. S.I (Photo)
14. D.S.P (Handwritings)
15. Deputy Director (Statistics)
16. Fitter  Inspector
17. Reserve Inspector

5. Who is the final authority that vets the decision?

  In some matter, Director, Vigilance/ I.G. of Police, Vigilance/  D.I.G of Police, Vigilance/ Superintendents of Police, Vigilance and in other matters Chief Secretary, Odisha and Chief Minister, Odisha are the final authority who vets the decision.

  MANUAL-4 

Norms for Discharge of Functions

[Section-4 (1) (b) (iv)]