Anti Corruption Bureau

ANTI-CORRUPTION BUREAU (ACB)



A. ACB AT A GLANCE

The Anti-Corruption Branch of Mizoram Police was established on 2nd Feb, 1976 under the administrative control of the Inspector General of Police and the Branch was put under the charge of one Deputy Superintendent of Police. Thereafter, the Anti-Corruption Branch was constituted as a separate Branch of the Police Department under the administrative control of the Chief Vigilance Officer who is also the Chief Secretary to the Government of Mizoram. The Branch was headed by Superintendent of Police as Head of the Office, vide Govt. of Mizoram, Political Department’s Notification No. MC(V)2/27 Dated 5.8.1981.

        The Anti-Corruption Branch was then renamed as Anti-Corruption Bureau (ACB) vide Govt. of Mizoram, Vigilance Department No.C-31011/1/2006-VIG dt.17.1.2008 and functioned under the direct supervision of the Chief Vigilance Officer and with a view to strengthen the functioning of ACB to combat corruption, the Govt. upgraded ACB by creating 33(thirty three) new posts vide Govt. of Mizoram Vigilance Deptt., Notification No.A.11013/1/83-VIG Dt.15.8.2009. However, Govt. of Mizoram, Vigilance Deptt. Notification No. A.11013/1/ 2009-VIG dt.12.2.2010 by superseding the previous notification conveyed   sanction to the creation of 32(thirty two) posts including the post of Director (IGP Rank) to head the ACB in addition to the existing 51(fifty one) posts.

B. FUNCTIONS OF ACB

   The Bureau functions as a separate Directorate under the control of a Director (IGP Rank) and Office of SP, ACB under the Directorate. The Bureau is under the administrative control of Vigilance Department and under the overall guidance and supervision of the Chief Secretary-cum-Chief Vigilance Officer. The Director, function as the Head of the Bureau. The Superintendent of Police, ACB referred to “Superintendent of Police” or “SP” function as Head of Office under the supervision of Director, ACB in respect of financial matters, disciplinary action, budget and other official matters except registration of criminal cases where approval from the Chief Vigilance Officer, Govt. of Mizoram is to be obtained. He also maintain liaison with various Heads of Department of the Govt. of Mizoram. The Chief Vigilance Officer also function as ex-officio Secretary, Vigilance Department, Govt. of Mizoram, if no regular Secretary is posted. He is to be assisted by Joint Secretary, Deputy Secretary, and other officers and staff of the Vigilance Department.

        The Bureau has its Headquarters at Aizawl and functions under the overall control and supervision of the Director, ACB. He is assisted in administrative and investigative matters by Superintendent of Police, Additional Superintendent of Police and Deputy Superintendent of Police. The Bureau is independent of the Director General of Police and functions directly under the administrative control of the Chief Vigilance Officer, who is also the Chief Secretary to the Govt. of Mizoram.      

     The Bureau consist of the posts that are sanctioned by the Government from time to time and they continue to be governed by the same rules and regulation as are applicable to a similar officer in the Police Department; vide Govt. of Mizoram, Political Deptt., Notification No.MC(V)2/72 Dated 5.8.1981.

      The entire staffs of the Bureau are drawn from Police Department and are treated as deputationists. Getting special duty allowance of 10% of the basic pay as with a ceiling of Rs 500 permissible under Govt. of India, Ministry of Finance, Memo No. F(10)(24)E-15/60 Dated 4.5.1961 and Govt. of Mizoram, vide Order No.C.31013/4/82-VIG dated 19.8.1982, Order No.A.35013/1/91 DP&AR(GSW) dated 7.10.1991 and Order No. G.11013/60/99-FIN(PRU) dated 25.8.1999. However, Govt. of Mizoram, Finance Deptt with a view to encourage and attract professionals to work in ACB issued notification No.G.1402/1/2010-FIN (PRU)-pt dt.2.2.2011 in pursuance of the decision of Council of Ministers held on 20.12.2010 to grant Special Incentive Allowances to Police personnels on deputation to ACB @ 15% of basic pay with immediate effect and all Police personnels posted in ACB are entitled to get the special incentive.

      All the posts under ACB are filled up on deputation drawing suitable officers and staff from the Police Department. The deputation period is 3 years which may be extended in deserving cases. Transfer and posting of officers and staff to the ACB, whenever felt necessary either on expiry of deputation period or before expiry of deputation period is made by a Selection Board constituted as under -

       Chairman                 :    Chief Secretary-cum-Chief Vigilance Officer.

       Member Secretary   :    Under Secretary, Vigilance

       Members                 :    (1) Home Secretary

                                           (2) Director, ACB (or) S.P, ACB in absence of Director, ACB

C. JURISDICTION

      The jurisdiction of the Bureau extends throughout the State of Mizoram. The Bureau is primarily concerned with the prevalence of corruption and abuse of official authority amongst the officials of various departments of Government of Mizoram as well as other statutory bodies over which the Governor (Administrator) exercises control inside and outside Mizoram, where Govt. of Mizoram offices are functioning. The function of the Bureau will not affect the jurisdiction or the responsibilities of the CBI or Mizoram Police in this respect.

       The Bureau has been placed under the administrative control of the Chief Vigilance Officer/Chief Secretary to the Govt. of Mizoram with a view to achieve more objective result since Mizoram Police is generally concentrated on law and order duties. The Bureau concentrate only on the provisions of Prevention of Corruption Act and other allied offences including certain sections of IPC and as notified by the Govt. of Mizoram of the offences consented to be investigated by the members of the Delhi Special Police Establishment Act, 1946(25 of 1946).

D. POWERS

        The officers posted in the Bureau shall exercise Police powers and all the rules and regulations of the Mizoram Police Manual, 2005 except certain provisions as mentioned in the Manual. 

    The Bureau has power to conduct confidential and secret enquiries as well as investigation in the following categories of offences:-

 (a) Cases referred by the Government of Mizoram through the Chief Vigilance Officer.

 (b) Offences punishable under the Delhi Special Police Establishment Act, 1946(25 of 1946).

   (c) Offences punishable under Sections 379 to 382, 406 to 409, 411 to 414, 417 to 420,465,466,468,471,477 and 477A of the Indian Penal Code, when these offences involve the employees or the property of the Government of Mizoram and statutory bodies.

 (d) Offences punishable under the Prevention of Corruption Act, 1988.

 (e) Attempt, abetment and conspiracy in relation to the offences in (b),(c) and (d).

 (f) Investigation of criminal offences not mentioned above or enquiry departmental misconduct, irregularity or negligence is outside the purview of the Bureau. Such investigation and enquiry shall be taken up by the Police/concerned departmental authority.

 (g) The Bureau will not undertake departmental enquiry against employees of other departments.

 (h) Officer of the Bureau not below the rank of Inspector of Police shall investigate the cases mentioned at (b),(c) and (d) above as provided in the Code of Criminal Procedure, 1973(2 of 1974) and Section 17 of Prevention and Corruption Act, 1988.

 (i) The Bureau is competent to conduct investigation/enquiry not only against Government servants but also other public servants who are employees of various state public undertakings, statutory corporations, companies, local authorities such as AMC, ZIDCO, ZOHANCO, MULCO, Mizoram Sports Council, MIFCO, MUCO, KVI, etc. etc.

 (j) In cases where private persons are involved along with public servants in criminal conspiracy or abetment or other offences, the investigation may be made against those persons along with the public servants concerned.

 (k) The Bureau will have full powers of collection of source information against all officers.

 (l) Preliminary enquiry into the complaints before registering regular case

The Anti-Corruption Bureau as a Police Station and SP’s Powers as O/C :

   (a) The Bureau shall be a Police Station within the meaning of CrPC and shall have jurisdiction over the whole of the State of Mizoram extending to any office under the control of Govt. of Mizoram located in any part of the country as declared by the Government vide Notification. No. C.31016/1(i)/85-VIG Dt. 30.9.1986. The Superintendent of Police of the Bureau shall act as the Officer-In-Charge of Police Station and shall exercise powers under Section 156 CrPC in respect of the offences specified above.

    (b) The Director/Superintendent of Police, ACB may give written permission for laying trap on receipt of information about the demand for illegal gratification by a public servant.

    (c) In respect of All-India Service officers, Heads of Departments and Joint Secretary level officers, the Director/Superintendent of Police should obtain prior permission of the Chief Vigilance Officer before conducting enquiry, laying trap, etc.

     E. OFFICERS/STAFFS & THEIR DUTIES

   Director, ACB : Subject to the general supervision and control of the Chief Vigilance Officer, the Bureau is under the direct supervision and control of the Director who is the Head of the Bureau. All necessary guidance is to be sought from him in administrative and supervision in all enquiries and investigations. He will call on the Chief Vigilance Officer as and when necessary. He may maintain cordial relation with the Special Police Establishment and officers of CBI and offer/obtain assistance whenever required.

       Superintendent of Police, ACB : Under general supervision and control of the Chief Vigilance Officer, the SP is the head of the office of Superintendent of Police, ACB. The Superintendent of Police is responsible for its day-to-day works, administration and functioning. He control and guide Enquiry Officers and Investigating Officers. Keep in touch with the progress of cases in the Court. Ensure that the staffs under him are performing their duties efficiently, promptly and with integrity and honesty. The Superintendent of Police may, however, authorize the Additional Superintendent of police and the Deputy Superintendent of Police to supervise enquiries and investigations on his behalf.

       Being Officer-In-Charge of Police Station, shall exercise the powers and functions of Officer-in-Charge of Police Station of the Bureau throughout Mizoram as provided in Section 156 CrPC.     

All correspondences with the office of the Chief Vigilance Officer and Ex-officio Secretary, Vigilance and other departments is to be signed by the Superintendent of Police and of important character during the absence of Director, ACB. Purely routine correspondences may be signed by the Additional Superintendent of police and the Deputy Superintendent of Police. The overall responsibility for financial matters of ACB and the maintenance of the Cash Book rest with the Superintendent of Police. He may, however, delegate to the Additional Superintendent of Police the daily duty of checking Cash Book and other connected Accounts, Registers, etc. He should personally peruse the Cash Book on the first working day of every month and see that the accounts are correct and the Cash Book is maintained properly.

The Superintendent of Police will maintain close liaisoning and co-operation with the Chief Vigilance Officer as well as all Heads of Departments. He will frequently call on the Chief Vigilance Officer and discuss matters of interest, particularly those arising from specific enquiries and investigations.

He may also maintain close relations with the Special Police establishment and Officers of CBI and offer/obtain their assistance whenever required.

Additional Superintendent of Police and Deputy Superintendent of  Police :

The Additional Superintendent of Police will assist SP in looking after all   administration works and in the supervision of all enquiries/investigations. Sensitive case may also be assigned when  Dy.SPs are over burdened. Deputy Superintendent of Police will enquire into such complaints or investigate such cases as are assigned to them. Their services will be made use of by of the Superintendent of Police for supervising the investigation of cases or enquiries

Inspectors :

The Inspectors posted in the Bureau have been authorized to investigate offences under Section 17 of the Prevention of Corruption Act, 1988 as well as cases taken up by the Bureau vide Govt. of Mizoram, Vigilance Deptt. Notification No.A.11016/1/ 2009-VIG/pt dt.19.8.2010. Inspectors may also conduct such enquiries as are assigned to them by the Superintendent of Police. The enquiries and investigations conducted by the Inspectors should be subjected to close supervision. The services of    Inspectors can also be utilized for collection of information, surveillance and shadowing of suspected places and officers. It is also their duty to look after cases during trial and during disciplinary proceedings.

Sub-Inspectors :

The Sub-Inspectors posted in the Bureau may conduct simple enquiries assigned to them by the Superintendent of Police. They may also be   employed for collection of information in suitable cases and will also assist other enquiry Officers wherever required. They may also be assigned the responsibility of looking after cases during trial and during disciplinary proceedings. The work of the Sub-Inspectors should be subject to close supervision.

Assistant Sub-inspectors, Head Constables and Constables :

The Assistant Sub-Inspectors, Head Constables and Constables shall work under the day-to-day supervision of the Deputy Superintendent of Police in whatever works assigned to them by the Superintendent of Police. They shall assist Inspectors and Sub-Inspectors in the enquiries and investigations as well as collection of intelligence.

       There shall be a Prosecution Section in the Bureau whose duties will be to look after all legal matters, prosecution and trial of cases in the Court. The Additional Superintendent of Police will closely supervise this section and all necessary records shall be maintained.

     There shall be Technical Section whose duties will be to look after and assist the ACB Officers in all technical/civil works during enquiries/investigations.

     There shall be an Account Section whose duties will be to look after and assist the ACB Officers in all accounts matter during enquiries/investigations.

      Subordinate officers and other ranks may also be utilized for ordinary general official duty in various branches like Motor Transport Office, Reserve Office, Sherista, Office duty, etc.

Ministerial Staff :

The ministerial staff consists of one Inspector(M),six Sub-Inspectors(M),six Assistant Sub-Inspectors (M), and five IV Grade staff to maintain office records and correspondences as direction and distribution of works made by the Superintendent of Police.

One Head Constables from executive staff of the Bureau will assist the Cashier. Inspector (M) will function as Head Assistant and will supervise the works of all ministerial staff and deal with correspondences as per distribution of works made by the Superintendent of Police. Accountant and Cashier shall personally attend to such account matters as may be necessary  for maintenance of cash and accounts as per rules and procedures.

Stenographer :

He/She will function as Personal Assistant to the Director/Superintendent of Police/Addl.SP and will maintain Personal Files of all Gazetted Officers and confidential papers as per direction of the Director/Superintendent of Police.

F. BRANCHES OF THE UNIT

General & Account Branch : Headed by Inspector (Ministerial) known as H/A assisted by Accountant ( S.I(M)) and other Ministerial staff, handles all kinds of matters relating to financial transaction, pay & allowances, contingencies, Stationeries, Pensions, Loans and advances including audit and all account matters.

Reserve Branch : Reserve Branch is headed by Inspector/Sub-Inspector known as Reserve Officer and assisted by other staff as required. R.O Branch is responsible for duty detailment among the sub-ordinate staff, Issue of leave certificate and check leave certificate when return and maintain Service books up to date. Examine and entertain petitions and applications of the staff. Maintain Force and ammunition registers. All correspondence relating to service matters.

Confidential Branch : Headed by Sub-Inspector as Confidential Assistant and assisted by sub-ordinate officer as may be required, all files and correspondence relating to ACB cases are route through him and is responsible in checking and scrutinizing F.I.R received and all files and  correspondences pertaining cases taken by ACB. He should submitted progress report of cases to Chief Vigilance Officer as necessary.

CASE STATISTICS

YEAR

No of FIR/

Complaints

Received

No of enquiry

Conducted.

No of enquiry which

turned into regular case

Pending

investigation

Pending

Trial

2010-11

14

14

3

3

 

2011-12

25

20

8

16

 

 

M.T.O Branch : Motor Transport Branch is headed by Inspector/ Sub Inspector known as Motor Transport Officer and is assisted by literate Head Constable/ Constable as required. MTO is responsible for repair, maintenance and take care of all Vehicles including correspondence and repairing bills pertaining to Vehicles. All Vehicles and Drivers are under his control.

G. OFFICERS AND STAFFS

The present strength of the ACB as on March.2012:

Sl No

Name of Post

Total

Sanctioned Post

1

Director (IGP Rank)

1

2

Superintendent of Police

1

3

Addl. Supdt of Police

1

4

Dy. Supdt of Police

3

5

Inspector of Police

8

6

Sub-Inspector of Police

8

7

Asst Sub- Insp of Police

4

8

Head Constable of Police

5

9

Constable of Police

23

10

Driver 

9

11

Inspector (Ministerial)

1

12

Sub-Inspector (Ministerial)

6

13

Sub-Inspector (Steno)

2

14

Asst. Sub-Inspector (M)

6

15

IV Grade        

5

 

TOTAL

83

 

Sl No

Name of Officers served as Director, ACB

 

1

P.Kamaraj, IPS

 

2

Karnal Singh,IPS

 

3

Dinesh Bhatt, IPS as DIG

 

4

S.Sundari Nanda, IPS as IGP

Present

 

Sl No

Name of Officers served as SP, ACB

 

1

K.Amon, MPS

 

2

LB Chhetri, MPS

 

3

Lalhuliana Fanai, MPS

 

4

John Zothansanga, MPS

Present

 

Sl No

Name of Gazzetted Officers of ACB

 

Designation

1

S.Sundari Nanda, IPS,

Director (IGP)

2

John Zothansanga, MPS

SP

3

Shershing Thapa, MPS

Addl SP

4

C.Vanramlawma, MPS

Dy S.P

5

VL Lura Hauzel, MPS

Dy S.P (Hqr)

6

Bijoy Gurung, MPS

Dy S.P

 

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