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Date: 2021-12-08 Category: Not Applicable State: Tamil Nadu Country: India

ORDINANCE - No. 9 of 2021—The Central Vigilance Commission (Amendment) Ordinance, 2021 - No. 10 of 2021—The Delhi Special Police Establishment (Amendment) Ordinance, 2021

Issued by Part IV-Section 4 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is the Tamil Nadu Government Gazette, Part IV-Section 4, published on December 8, 2021. It republishes two Central Ordinances promulgated by the President of India: The Central Vigilance Commission (Amendment) Ordinance, 2021, and The Delhi Special Police Establishment (Amendment) Ordinance, 2021. Both Ordinances came into force immediately upon promulgation. **Key Points / Main Content** * **Central Vigilance Commission (Amendment) Ordinance, 2021 (No. 9 of 2021):** * Amends the Central Vigilance Commission Act, 2003. * Allows for the extension of the Director of Enforcement's initial appointment by up to one year at a time, based on public interest and the recommendation of the Committee under clause (a), with reasons recorded in writing. * Specifies that no extension shall be granted after the completion of five years in total, including the initial appointment period. * **The Delhi Special Police Establishment (Amendment) Ordinance, 2021 (No. 10 of 2021):** * Amends the Delhi Special Police Establishment Act, 1946. * Allows for the extension of the Director's initial appointment by up to one year at a time, in public interest, based on the recommendation of the Committee under sub-section (I) of Section 4A, and with reasons to be recorded in writing. * Stipulates that no extension will be granted after a total period of five years, inclusive of the initial appointment. **Impact Analysis** **Stakeholder:** Director of Enforcement / Director (Delhi Special Police Establishment) * **Impact:** The ordinance directly affects the tenure of the Director of Enforcement and Director (Delhi Special Police Establishment), potentially allowing for an extension of their initial appointment. * **Action Required:** The relevant authorities, including the Committee under clause (a) of Section 25 of the Central Vigilance Commission Act and the Committee under sub-section (I) of Section 4A of the Delhi Special Police Establishment Act must consider the provisions of the amendment when deciding on extensions. **Stakeholder:** The Committee under clause (a) of Section 25 of the Central Vigilance Commission Act / Committee under sub-section (I) of Section 4A of the Delhi Special Police Establishment Act * **Impact:** The ordinance tasks the Committee with considering whether an extension is appropriate and necessary, based on the public interest. * **Action Required:** The Committee will need to assess and record in writing the reasons for any recommendation to extend the Director of Enforcement's/Director (Delhi Special Police Establishment) tenure and also be aware of the 5 year limit.

Key Entities Referenced

The Central Vigilance Commission (Amendment) Ordinance, 2021: An ordinance further to amend the Central Vigilance Commission Act, 2003. The Delhi Special Police Establishment (Amendment) Ordinance, 2021: An ordinance further to amend the Delhi Special Police Establishment Act, 1946. Central Vigilance Commission Act, 2003: The act being amended by the Central Vigilance Commission (Amendment) Ordinance, 2021. Delhi Special Police Establishment Act, 1946: The act being amended by the Delhi Special Police Establishment (Amendment) Ordinance, 2021. Ministry of Law and Justice: The ministry publishing the ordinances.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2021 [Price: Rs. 1.60 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 49] CHENNAI, WEDNESDAY, DECEMBER 8, 2021 Karthigai 22, Pilava, Thiruvalluvar Aandu – 2052 Part IV—Section 4 CENTRAL ACTS AND ORDINANCES CONTENTS Pages. ORDINANCE : No. 9 of 2021—The Central Vigilance Commission (Amendment) Ordinance, 2021 .. .. .. .. .. .. .. 98 No. 10 of 2021—The Delhi Special Police Establishment (Amendment) Ordinance, 2021 .. .. .. .. .. .. 99 [97] IV-4-499 8 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 14th November 2021 / Kartika 23, 1943 (Saka). The following Central Ordinance promulgated by the President of India is hereby re-published for general information:— THE CENTRAL VIGILANCE COMMISSION (AMENDMENT) ORDINANCE, 2021. No. 9 OF 2021 Promulgated by the President in the Seventy-second Year of the Republic of India. An Ordinance further to amend the Central Vigilance Commission Act, 2003. W(cid:3472)(cid:3469)(cid:3482)(cid:3469)(cid:3465)(cid:3483) Parliament is not in session and the President is satisfi ed that circumstances exist which render it necessary for him to take immediate action; N(cid:3479)(cid:3487) T(cid:3472)(cid:3469)(cid:3482)(cid:3469)(cid:3470)(cid:3479)(cid:3482)(cid:3469), in exercise of the powers conferred by clause (I) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:- Short title and 1. (I) This Ordinance may be called the Central Vigilance Commission (Amendment) Commence- Ordinance, 2021. ment 2. It shall come into force at once. Amendment of 2. In section 25 of the Central Vigilance Commission Act, 2003, in clause (d), the 45 of 2003 Section 25. following provisos shall be inserted, namely:- “Provided that the period for which the Director of Enforcement holds the offi ce on his initial appointment may, in public interest on the recommendation the Committee under clause(a) and for the reasons to be recorded in writing. be extended up to one year at a time. Provided further that no such extension shall be granted after the completion of a period of fi ve years in total including the period mentioned in the initial appointment.’’. R(cid:3465)(cid:3477) N(cid:3465)(cid:3484)(cid:3472) K(cid:3479)(cid:3486)(cid:3473)(cid:3478)(cid:3468), President. DR. REETA VASISHTA, Secretary to the Government of India. (Re-published by Order of the Governor) A.S. PASUPATHI, Additional Secretary to Government, Law Department.Dec. 8, 2021] TAMIL NADU GOVERNMENT GAZETTE 99 New Delhi, the 14th November 2021 / Kartika 23, 1943 (Saka). The following Central Ordinance promulgated by the President of India is hereby re-published for general information:— THE DELHI SPECIAL POLICE ESTABLISHMENT (AMENDMENT) ORDINANCE, 2021. No. 10 OF 2021 Promulgated by the President in the Seventy-second Year of the Republic of India. An Ordinance further to amend the Delhi Special Police Establishment Act, 1946. W(cid:3472)(cid:3469)(cid:3482)(cid:3469)(cid:3465)(cid:3483) Parliament is not in session and the President is satisfi ed that circumstances exist which render it necessary for him to take immediate action; N(cid:3479)(cid:3487) T(cid:3472)(cid:3469)(cid:3482)(cid:3469)(cid:3470)(cid:3479)(cid:3482)(cid:3469), in exercise of the powers conferred by clause (I) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:- 1. (I) This Ordinance may be called the Delhi Special Police Establishment Short title and (Amendment) Ordinance, 2021. Commence- ment 2. It shall come into force at once. 25 of 1946. 2. In section 4B of the Delhi Special Police Establishment Act, 1946 in sub-section (I), Amendment of the following provisos shall be inserted, namely:- section 4 “Provided that the period for which the Director holds the offi ce on his initial appointment may, in public interest on the recommendation of the Committee under sub-section (I) of Section 4A and for the reasons to be recorded in writing, be extended up to one year at a time: Provided further that no such extension shall be granted after the completion of a period of fi ve years in total including the period mentioned in the initial appointment.’’. R(cid:3465)(cid:3477) N(cid:3465)(cid:3484)(cid:3472) K(cid:3479)(cid:3486)(cid:3473)(cid:3478)(cid:3468), President. DR. REETA VASISHTA, Secretary to the Government of India. (Re-published by Order of the Governor) A.S. PASUPATHI, Additional Secretary to Government, Law Department. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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