Originally (1963), the CBI was set up with the following six divisions: (i) Investigation and Anti-Corruption Division (Delhi Special Police Establishment) (ii) Technical Division (iii) Crime Records and Statistics Division (iv) Research Division (v) Legal and General Division (vi) Administration Division. At present (2019), the CBI has the following seven divisions: – 1. Anti-Corruption Division 2. Economic Offences Division 3. Special Crimes Division 4. Policy and Coordination Division 5. Administration Division 6. Directorate of Prosecution 7. Central Forensic Science Laboratory.
FUNCTIONS OF CBI
◇Investigating cases of corruption, bribery and misconduct of Central government employees. ◇ Investigating cases relating to infringement of fiscal and economic laws, that is, breach of laws concerning export and import control, customs and central excise, income tax, foreign exchange regulations and so on. However, such cases are taken up either in consultation with or at the request of the department concerned. ◇ Investigating serious crimes, having national and international ramifications, committed by organized gangs of professional. criminals. ◇ Coordinating the activities of the anticorruption agencies and the various state police forces. ◇Taking up, on the request of a state government, any case of public importance for investigation. ◇ Maintaining crime statistics and disseminating criminal information
POWERS AND FUNCTIONS [PART 1]
◇ It is the duty of the Commission to receive and inquire into a complaint from any person: (a) who has not been able to submit an information request because of non-appointment of a Public Information officer. (b) who has been refused information that was requested; (c) who has not received response to his information request within the specified time limits.(d) who thinks the fees charged are unreasonable; (e) who thinks information given is incomplete, misleading or false; and (f) any other matter relating to obtaining information. ◇ The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power). ◇ While inquiring, the Commission has the powers of a civil court in respect of the following matters: (a) summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things; (b) requiring the discovery and inspection of documents; 5.2K08:44 PM(c) receiving evidence on affidavit; (d) requisitioning any public record from any court or office; (e) issuing summons for examination of witnesses or documents.
NATIONAL DISASTER MANAGEMENT AUTHORITY □
ESTABLISHMENT OF THE NDMA [PART 1]
◇ The Government of India, recognizing the importance of disaster management as a national priority, had set up a High-Powered Committee in 1999 and a National Committee in 2001 after the Gujarat earthquake, to make recommendations on the preparation of disaster management plans and suggest effective mitigation mechanisms. However, after the Indian Ocean tsunami of 2004, the Government of India took a defining step in the legislative history of the country by enacting the Disaster ManagementAct, 2005. ◇ The Act provided for the creation of the National Disaster Management Authority (NDMA) to spearhead and implement a holistic and integrated approach to disaster management in the country. Initially, the NDMA was constituted in 2005 by an Executive Order of the Government of India. Subsequently, the NDMA was notified in 2006 under the provisions of the Act.
COMPOSITION OF THE CVC
◇ The CVC is a multi-member body consisting of a commissioner. ◇ They are appointed by the president by warrant under his hand and seal on the recommendation of a three member committee consisting of the prime minister as its head, the Union minister of home affairs and the Leader of the Opposition in the Lok Sabha. ◇ They hold office for a term of four years or until they attain the age of sixty-five years, whichever is earlier. After their tenure, they are not eligible for further employment under the Central or a state government. □ The president can remove the Central Vigilance Commissioner or any vigilance commissioner from the office under the following circumstances: (a) If he is adjudged an insolvent (b) If he has been convicted of an offence which (in the opinion of the Central government) involves a moral turpitude (c) If he engages, during his term of office, in any paid employment outside the duties of his office (d) If he is (in the opinion of the president), unfit to continue in office by reason of infirmity of mind or body or (e) If he has acquired such financial or other interest as is likely to affect prejudicially his official functions.
ADDITIONAL FUNCTIONS OF THE NDMA
◇ It recommends guidelines for the minimum standards of relief to be provided to persons affected by disaster. ◇ It recommends, in cases of disasters of severe magnitude, relief in repayment of loans or grant of fresh loans on concessional terms to the persons affected by such disasters. ◇ It exercises the general superintendence, direction and control of the National Disaster Response Force (NDRF). This force has been constituted for the purpose of specialist response to a threatening disaster situation or disaster. ◇ It authorises the concerned department or authority to make the emergency procurement of provisions or materials for rescue or relief in any threatening disaster situation or disaster. In such case, the standard procedure requiring inviting of tenders is deemed to be waived. 5.3K09:59 PM◇ It prepares an annual report on its activities and submits it to the central government. The centralgovernment causes it to be laid before both Houses of Parliament
STATE DISASTER MANAGEMENT AUTHORITY
◇ To lay down the state disaster management policy. ◇ To approve the State Plan in accordance with the guidelines laid down by the NDMA. ◇ To approve the disaster management plans prepared by the departments of the government of the state.◇ To lay down guidelines to be followed by the departments of the government of the state for thepurposes of integration of measures for prevention of disasters and mitigation in their developmentplans and projects and provide necessary technical assistance thereof. ◇ To coordinate the implementation of the State Plan. ◇ To recommend provision of funds for mitigation and preparedness measures. ◇ To review the development plans of the different departments of the state and ensure thatprevention and mitigation measures are integrated therein. 5.2K07:19 PM◇ To review the measures being taken for mitigation, capacity building and preparedness by thedepartments of the government of the state and issue such guidelines as may be necessary.
CO-OPERATIVE SOCIETIES
◇ The 97th Constitutional Amendment Act of 2011 gave a constitutional status andprotection to co-operative societies. ◇ In this context, it made the following three changes in the constitution: • It made the right to form co-operative societies a fundamental right (Article191). • It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43 B2). • It added a new Part IX-B in the onstitution which is entitled “The Co-operative Societies
NUMBER AND TERM OF MEMBERS OF BOARD AND ITS OFFICE BEARERS
◇The board shall consist of such number of directors as may be provided by the state legislature. But, the maximum number of directors of a cooperative society shall not exceed twenty-one. ◇The state legislature shall provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on the board of every co-operative society having members from such a category of persons. ◇The term of office of elected members of the board and its office bearers shall be five years from the date of election. ◇The state legislature shall make provisions for co-option of persons having experience in the field of banking, management, finance or specialization in any other related field, as members of the board. But, the number of such co-opted members shall not exceed two (in addition to twenty-one directors).4.8K07:49 PM◇The functional directors of a co-operative society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors (that is, twenty-one.
OFFICIAL LANGUAGE
◇ Part XVII of the Constitution deals with the official language in Articles 343 to 351. ◇ Its provisions are divided into four heads :- • Language of the Union, • Regional languages, • Language of the judiciary and • texts of laws and Special directives