The Uttar Pradesh Vigilance Establishment Act, 1965

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(U.P. Act No. VII of 1965)
(*Authoritative English text of the Uttar Pradesh Satarkta Adhishan Adhiniyam, 1965)

An Act to make provision for the constitution, superintendence and administration of the Uttar Pradesh Vigilance Establishment as a special police force.

It is hereby enacted in the Sixteenth Year of the Republic of India as follows:

  • Short title and extent

    1. This Act may be called the Uttar Pradesh Vigilance Establishment Act, 1965.
    2. It extends to the whole of Uttar Pradesh.

  • Constitution and powers of the Vigilance Establishment

    1. Not withstanding anything in the police Act, 1961 the State Government may constitute a special police force to be called the Uttar Pradesh Vigilance Establishment for the investigation of offences notified under section 3.
    2. Subject to nay orders which the State Government may make in this behalf, members of the said establishment shall have, in relation to the investigation of such offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers holding corresponding ranks in the ordinary police force of the State have in connection with investigation of offences, and shall for purposes of conferment of powers under any law for the time being in force be deemed to be police officers holding corresponding ranks in the ordinary police force of the state.
    3. Any member of the said establishment of or above the rank of Sub-Inspector may, subject to any orders which the State Government may make in this behalf, exercise, in discharging his functions under sub-section(2) any of the powers of the officer-in-charge of a police station in the area in which he is for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer-in-charge of a police station discharging the functions of such an officer within the limits of his station.
  • Offences to be investigated by the Vigilance Establishment

    State Government may, by notification in the Gazette, specify the offence or classes of offences which are to be investigated by the Uttar Pradesh Vigilance Establishment.

  • Superintendence and administration of the Vigilance Establishment

    1. The superintendence of the Uttar Pradesh Vigilance Establishment shall vest in the State Government.
    2. The administration of the said establishment shall vest in officer, to be called the Director of Vigilance, appointed in this behalf by the State Government, who shall exercise, in respect of that establishment, such of the powers exercisable by the Inspector General of Police in respect of the ordinary police force of the State as the State Government may specify in this behalf
    3. Save as otherwise provided in this Act the provisions of the Police Act, 1861 and of the rules and regulations made thereunder as the apply in relation to members of the ordinary police force of the State shall apply in relation to members of the said establishment, subject to such adaptation, whether by way of modification, addition or omission as may be made therein by the State Government consistently with the purposes of the Act.
  • Repeal and saving

    1. The Uttar Pradesh Vigilance Establishment Ordinance, 1965, is hereby repealed.
    2. Notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this Act, as if this Act had commenced on the fifth day of January 1965.
  • Offence and Classes of Offences which may be investigated by the Vigilance Establishment

    The following to be the offence and classes of offence which may be investigated by Uttar Pradesh Vigilance Establishment, namely:

    1. Offence punishable under section 161, 162, 163, 164, 165, 165A, 166, 167, 168, 169, 182, 193, 198, 201, 204, 211, 218, 379, 381, 384, 385, 386, 387, 388, 389, 403, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 465, 466, 467, 468, 471, 472, 473, 474, 475, 476, 477, 477A of the Indian Panel Code, 1860 (Act. XLV of 1860)
    2. Offence punishable under the Prevention of corruption Act. 1947 ( Act.II of 1947)
    3. Offence punishable under the Indian Official Secrets Act., 1923(XIX of 1923)
    4. Offence punishable under section 7 and 8 of the Essential Commodities Act., 1955 (Act. X of 1955) and conspiracies in relation thereto or in connection therewith.
    5. Offence punishable under section 24(1) (iii) of the Industries (Development and Regulation) Act, 1951 (LXV of 1951) and conspiracies in relation thereto or in connection therewith.
    6. Attempts, abetments and conspiracies in relation to or in connection with the offence mentioned in clauses (a) to (c) and any other offences committed in the course of the same transaction or arising out of the same facts.
  • Laying of Trap by Vigilance Establishment

    The members of the U.P. Vigilance Establishment shall not be required to obtain prior orders of the Government in the following cases namely :

    1. When a complaint is made in writing to the Establishment that a non-gazetted Government servant or other public servant of similar rank has demanded or agreed to accept any ratification (other than legal remuneration)as motive or reward, such as is mentioned in section 161 of the Indian Penal Code for laying trap and apprehending redhanded such public servant:

      Provided that such action shall be taken only on the prior orders-

        Of the Director of Vigilance and in his absence of the Superintendent of Police (Headquarters) Vigilance Establishment, when the complaint is received at the Headquarters of the Establishment;

        Of the Superintendent of Police in charge of the Sector Office of the Vigilance Establishment, and in his absence of the Officer holding charge of the Sector, when the complaint is received in Sector Office;

    2. Where no such written complaint is made but a non-gazetted Government Servant or other public servant of similar rank is found, in the premises or precincts of the public office, place or vehicle where such public servant ordinarily discharges his functions or is for the time being detained for duty accepting any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Indian Penal Code in the presence of an officer of the U.P Vigilance Establishment not below the rank of Deputy Superintendent of Police, Vigilance Establishment, deputed for the purpose of detecting cases of this nature, for apprehending redhanded such public servant.
    3. The Vigilance Establishment shall submit to the Government in the Vigilance Department reports of progress of investigation, and on the completion of investigation it shall submit its detailed report embodying its conclusions and recommendations and copies if proposed charge-sheet, if prosecution is recommended.