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 benefit of the people of Odisha. To combat corruption through Enforcement, Prevention, Public Education and Community Support.
2. Mission / Vision Statement of the Public Authority
VISION
MISSION
a. To have a comprehensive anti-corruption strategy involving effective prevention, enforcement and prosecution mechanisms.
b. To continuously upgrade our professional knowledge and skills to ensure quality investigation.
c. To take proactive and innovative measures to curb corruption in a concerted effort, in collaboration with other stakeholders.
d. To promote preventive vigilance by having a strong internal vigilance mechanism in place, in each Department of State Government and State run PSUs.
e. To leverage the use of information technology and social media in intensifying the anti-corruption efforts.
f. To prevent and detect leakage and pilferage of public funds in developmental and social welfare programmes.
g. To undertake public education and community awareness programmes, so as to make the public active partners in preventing and detecting corruption.
h. To ensure personal and organizational integrity.
i. To protect the honest and incentivize honesty.
j. To detect and prosecute the corrupt, disincentivize dishonesty and prevent the fence sitters from engaging in dishonesty.
3. Brief history of the Public Authority and context of its formation.
Vigilance Department was born in the year 1944 as an Enforcement Organization under the Supply and Transport Department for enforcing various control orders. This Organization 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,
a . Offences punishable under the Prevention of Corruption Act, 1988 (49 of 1988).
b. Offences relating to : -
i. evasion of taxes and different control orders;
ii. transit and possession of Forest Products as enumerated in sections 45 and 46 of the Odisha Forest Act, 1972 (Odisha Act 14 of 1972) read with section 56 of the said Act;
iii. Odisha Timber and other Forest Products Transit Rules,1980;
iv. Essential Commodities Act, 1955 (10 of 1955);
v. Prevention of Food Adulteration Act, 1954 (37 of 1954);
vi. Standard of Weights and Measures (Enforcement) Act, 1950 (26 of 1950);
vii. Drugs (Control) Act, 1950 (26 of 1950);
viii. Motor Vehicles Act, 1988 (59 of 1988) and
ix. All organized offences under the aforesaid Acts, Orders and Rules effecting the pecuniary interest of the State.
c. 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.
d. Attempts, abetments and conspiracies in respect of offences mentioned in items (a), (b), (c) and (d) above by whomsoever committed.
e. Any other particulars offences or class of offences that may be specified by the State Government from time to time.
f. 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.
To free public service from corruption for the benefit of the people of Odisha. To combat corruption through Enforcement, Prevention, Public Education and Community Support.
To free public service from corruption for benefit of the people of Odisha. To combat corruption through Enforcement, Prevention, Public Education and Community Support.
Vigilance registers criminal cases against public servants as per the provisions laid down in the prevention of corruption Act, 1988 viz- demanding and accepting illegal gratification, accumulation and possession of disproportionate assets, show of undue official favour, corruption, irregularities etc., and other offence like mining scam, forest and essential commodities offence, evasion of sales tax etc. conferred by the Government of Odisha time to time by Notification. During investigation we arrest and forward the accused public servant to judicial custody.
After completion of investigation, Vigilance submits charge sheet, pursue the prosecution and move to Govt. for dismissal of convicted public servants from service. In case of acquittal we go for appeal as per merit. Vigilance refers to Government against Government servants involved in Vigilance Cases/ Files, for initiation of Departmental Proceeding and pursue with Government Departments for preparation of ‘Agreed list’ and “list of officer of doubtful integrity” (Suspect list). We write to Government Departments for not posting officers under suspect list in sensitive and lucrative post and to maintain close watch on the officers under ‘Agreed list’. State Vigilance also checks and protest promotion and posting of corrupt Government officials. Vigilance also acts upon the complaints received from the general/public by post/in person considering the gravity of the allegation and available resources.
Attachment & Confiscation of properties of corrupt Government Servant involved in D.A case is also the services provides by Odisha Vigilance.
The Odisha State Vigilance is an Anti-Corruption Department. It is headed by Director-cum-Addl. D.G. of Police and assisted by I.G. of Police/ D.I.G of Police, having its Directorate Headquarters at Buxibazar, Cuttack-1. As regards its structure the State Vigilance has been divided into 6 Divisions viz;
Vigilance Cell division is functioning at Directorate Cuttack to enquire/ investigate select cases of importance.
All the Divisions are headed by a S.P. each. All the Seven Divisions have been broadly divided into 2 Ranges viz; Southern Range and Northern Range, under the control of a IG / D.I.G. 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 D.S.P/ Inspector. The Vigilance Units and Squads are located as under:-
|
Sl. |
|
OFFICE |
FAX |
|
1 |
Superintendent of Police, Vigilance Cell, Cuttack. |
0671-2306399 |
0671-2305159 |
|
2 |
Cell Unit Office, Bhubaneswar |
0674-2431012 |
0674-2431012 |
|
3 |
Special Cell Unit, Secretariat, Bhubaneswar |
0674-2323115 |
0674-2393754 |
|
4 |
Superintendent of Police, Cuttack Division, Cuttack |
0671-2306028 |
0671-2306028 |
|
5 |
Jagatsinghpur Unit |
06724-220393 |
06724-220393 |
|
6 |
Jajpur Unit |
06728-222689 |
06728-222689 |
|
7 |
Angul Unit |
06764-231154 |
06764-231154 |
|
8 |
Kendrapada Unit |
06727-233186 |
06727-233186 |
|
9 |
Dhenkanal Unit |
06762-223395 |
06762-223395 |
|
10 |
Superintendent of Police, Bhubaneswar Division, Bhubaneswar |
0674-2397109 |
0674-2397304 |
|
11 |
Puri Unit |
06752 -223485 |
06752 -223485 |
|
12 |
Nayagarh Unit |
06753-252066 |
06753-252066 |
|
13 |
Khurda Squad |
06755-221060 |
06755-221060 |
|
14 |
Superintendent of Police, Berhampur Division, Berhampur |
0680-2202327 |
0680-2202327 |
|
15 |
Phulbani Unit |
06842-253226 |
06842-253226 |
|
16 |
Parlakhamundi Unit |
06815-222767 |
06815-222767 |
|
17 |
Boudh unit |
06841-223576 |
06841-223576 |
|
18 |
Chhatrapur Squad , Chhatrapur |
06811-262200 |
- |
|
19 |
Superintendent of Police, Sambalpur Division, Sambalpur |
0663-2412115 |
0663-2412780 |
|
20 |
Bolangir Unit |
06652-230004 |
06652-230004 |
|
21 |
Baragarh Unit |
06645-231004 |
06645-231004 |
|
22 |
Subarnapur Unit |
06654-221511 |
06654-221511 |
|
23 |
Superintendent of Police, Rourkela Division, Rourkela |
0661-2504768 |
0661-2504768 |
|
24 |
Jharsuguda Unit |
06645-270138 |
06645-270138 |
|
25 |
Sundargarh Unit |
06622-274767 |
06622-274767 |
|
26 |
Deogarh unit |
06641-226900 |
06641-226900 |
|
27 |
Superintendent of Police, Balasore Division, Balasore |
06782-254445 |
06782-254690 |
|
28 |
Baripada Unit |
06792-252086 |
06792-252086 |
|
29 |
Keonjhar Unit |
06766-253261 |
06766-253261 |
|
30 |
Bhadrak Unit |
06784-241146 |
06784-241146 |
|
31 |
Superintendent of Police, Koraput Division, Jeypore |
06854-233330 |
06854-233330 |
|
32 |
Rayagada Unit |
06856-222962 |
06856-222962 |
|
33 |
Bhawanipatna Unit |
06670-231221 |
06670-231221 |
|
34 |
Nawarangpur Unit |
06858-223273 |
06858-223273 |
|
35 |
Malkangiri Unit |
06861-230747 |
06861-230747 |
|
36 |
Nuapada Unit |
06678-223022 |
06678-223022 |
Technical Wing in Vigilance Directorate is under the charge of Superintending Engineer who is assisted by an Executive Engineer, Asst. Executive Engineer, Assistant Engineers and Junior Engineers. The Technical officers of the Wing are being utilised for technical evaluation of buildings, roads, bridges and construction works at the stage of enquiry / investigation.
Specialized Financial Wing
Consequent upon implementation of Goods & Service Tax, the Commercial Tax Wing functioning under Vigilance Directorate has been converted into a specialized Finance Wing vide Govt in Finance Department Resolution No-36134/F Dated 20-11-2018. The basic duties assigned to the Officers posted in the Finance Wing are to assist the Vigilance Investigating Officers in quantifying the amount of financial irregularities committed by suspecting officers/agencies/ offices against whom proceedings have been initiated either through audit reports/DA cases/allegation petitions/ investigation/recommendation of Director, Vigilance. Besides the above, the officers posted to Finance Wing are to act as Financial Advisors in the Vigilance Directorate as well as in Vigilance Divisions in matter of procurement and other financial matters. The total sanctioned strength of Finance Officers posted to Vigilance Organization is Thirty-Four, ranging from Addl Secretary Rank Officer of OFS Cadre to officers of OT&AS & OSFS Cadres.
Forest Wing
Government in Forest Department vide Letter No.172/179/27386 FFAH dated. 30.10.1979 has approved the creation of Forest Wing in Vigilance Organisation. The broad objectives are
Presently there is one post of D.C.F in Vigilance Directorate and six units of forest wing in respective Vigilance Divisions except Rourkela. The forest Wing of the division looks after enforcement work, surprise forest raid as well as technical inspection and renders necessary assistance to Vigilance officers as when required.
Prosecution Wing
As per Vigilance circular order No.1/07. A prosecution wing has been created during the year-2007. The wing is headed by a Legal Advisor in the rank of District Judge/Addl. District Judge.The main functions of the prosecution wing is:-
Besides the Legal Adviser, a panel of Vigilance counsels consisting of a Senior Standing Counsel, three Standing Counsels and three addl. Standing counsels are there for prosecution of Vigilance cases in the Hon'ble High Court, Odisha. There are 23 P.Ps (Public Prosecutor) / Spl. P.Ps / Addl. PP/Addl. Special P.Ps/ Asstt. P.P. working in the 17 Courts of Special Judges, Vigilance. 2 Special Courts and 2 Courts of Authorized Officer and 1 in the Court of Chief Judicial Magistrate to conduct prosecution in Vigilance cases registered under P.C. Act and other IPC offences.
The courts of Special Judge Vigilance Courts are situated 2 at Cuttack, 3 at Bhubaneswar and 1 each at Berhampur, Sambalpur, Jeypore, Bolangir, Balasore, Bhawanipatna, Keonjhar, Angul, Dhenkanal, Sundergarh, Phulbani and Baripada. Besides there are two Special courts and 2 Authorise officers courts functioning one each at Cuttack and Bhubaneswar exclusively to try DA (Disproportionate Assets) cases against high political and high public officials.
State Vigilance deals primarily with prevention and detection of Corruption and in the process contributes in good governance.
Statisical Wing
The Statistical Cell in the Directorate of Vigilance, Odisha is managed by two officers i.e., (a) One Joint Director (b) One Statistical Officer. The following are the duties and responsibilities of the Statistical Cell.
State Vigilance Academy
Government approved establishment of State Vigilance Academy at Bhubaneswar in order to upgrade the knowledge and skills of Vigilance officers on a continuous basis, so that they maintain their professional edge in investigation/ enquiry of complicated cases/ enquiries. The State Vigilance Academy was established on 28.11.2018 and started functioning in Bhubaneswar Vigilance Divisional office premises at Surya Nagar, Bhubaneswar. The Academy is first of its kind in the sense that it is the first exclusively anti-corruption training Academy for any state in the country. The officers of Odisha Vigilance were previously sent for training mostly to CBI Academy, Ghaziabad and Central Detective Training Schools under BPR&D. There was a need for having a dedicated anti-corruption training Academy for the Vigilance Organisation to impart induction training to police officers inducted into Vigilance on deputation from police department, Public Prosecutors and Standing Counsels of Vigilance Department and Chief Vigilance Officers of various departments and State Public Sector Undertakings of Government of Odisha. This requires exposure and training in such areas as Cyber Forensics, Cell Phone Forensics, transactions in financial markets, transactions by non-banking financial institutions, use of advanced technologies and social media, interaction with various investigative and enforcement agencies like CBI, ED, Income Tax Department, FIU (Financial Intelligence Unit), DRI (Directorate of Revenue Intelligence), SFIO (Serious Fraud Investigation Office) etc. The Vigilance Academy provides the required exposure and training in the above areas. Besides, the Academy also imparts training on specialized laws like new Companies Act, 2013, FEMA ( Foreign Exchange Management Act), 1999, PMLA(Prevention of Money Laundering Act), 2002, Prohibition of Benami Property Transactions Act, 1998, Whistle Blower’s Protection Act, 2011 etc. as well as on recent judgments of Supreme Court and High Court and conduct training courses for investigators, prosecutors and Chief Vigilance Officers of various Government Departments, Heads of Departments and State-run PSUs. The details of the functioning of State Vigilance Academy can be found out from the website http://sva.odisha.gov.in
Photo Wing, Document Examination Wing, Computer Wing and Cyber wings are also functioning in Vigilance Directorate to assist the Investigating Officers in investigation / enquiries.
In order to ensure barrier free access of disabled and elderly persons, coming to Vigilance Directorate for redressal of their grievance, specific pavements have been made with provision of wheel chairs for their convenient movement. Necessary arrangement for their
waiting and rest in the visitor's room has also been made.
Expects cooperation from general public in providing information about corrupt public servants / corruption and cooperation in investigation as well as prosecution in Vigilance cases.
a) By creating awareness amongst public.
b)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 the Vigilance. Press releases on activities are also done regularly.
11. Addresses of the main office and other offices at different levels.
Main Office
Vigilance Directorate, Odisha, Nuapatna, Cuttack.
Closing hours of the Office. : 5.00 P.M.
Officers are available over phone.