MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 12th May, 2014/Vaisakha 22, 1936 (Saka)
The following Act of Parliament received the assent of the President on the
9th May, 2014, and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
3. In this Act, unless the context otherwise requires,—
(a) "Central Vigilance Commission" means the Commission constituted under
sub-section (1) of section 3 of the Central Vigilance Commission Act, 2003;
(b) "Competent Authority" means—
(i) in relation to a Member of the Union Council of Ministers, the
Prime Minister;
(ii) in relation to a Member of Parliament, other than a Minister, the Chairman
of the Council of States if such Member is a Member of the Council of States or
the Speaker of the House of the People if such Member is a Member of the
House of the People, as the case may be;
(iii) in relation to a Member of the Council of Ministers in a State or Union
territory, the Chief Minister of the State or Union territory, as the case may be;
(iv) in relation to a Member of Legislative Council or Legislative Assembly
of a State or Union territory, other than a Minister, the Chairman of the Legislative
Council if such Member is a Member of the Council or the Speaker of the
Legislative Assembly if such Member is a Member of the Assembly, as the case
may be;
(v) in relation to—
(A) any Judge (except a Judge of the Supreme Court or of a High
Court) including any person empowered by law to discharge, whether by
himself or as a member of any body of persons, any adjudicatory functions;
or
(B) any person authorised by a court of justice to perform any duty,
in connection with the administration of justice, including a liquidator,
receiver or commissioner appointed by such court; or
(C) any arbitrator or other person to whom any cause or matter has
been referred for decision or report by a court of justice or by a competent
public authority,
the High Court;
(vi) in relation to—
(A) any person in the service or pay of the Central Government or
remunerated by the Central Government by way of fees or commission
for the performance of any public duty except Ministers, Members of
Parliament and members or persons referred to in clause (a) or clause (b) or
clause (c) or clause (d) of article 33 of the Constitution, or in the service or
pay of a society or local authority or any corporation established by or
under any Central Act, or an authority or a body owned or controlled or
aided by the Central Government or a Government company as defined in
section 617 of the Companies Act, 1956, owned or controlled by the Central
Government; or
(B) any person who holds an office by virtue of which he is
empowered to prepare, publish, maintain or revise an electoral roll or to
conduct an election or part of an election in relation to elections to
Parliament or a State Legislature; or
(C) any person who holds an office by virtue of which he is authorised
or required to perform any public duty (except Ministers and Members of
Parliament); or
Definitions.
45 of 2003.
1 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(D) any person who is the president, secretary or other office-bearer
of a registered co-operative society engaged in agriculture, industry, trade
or banking, receiving or having received any financial aid from the Central
Government or from any corporation established by or under a Central
Act, or any authority or body or a Government company as defined in
section 617 of the Companies Act, 1956 owned or controlled or aided by
the Central Government; or
(E) any person who is a chairman, member or employee of any Central
Service Commission or Board, by whatever name called, or a member of
any selection committee appointed by such Commission or Board for the
conduct of any examination or making any selection on behalf of such
Commission or Board; or
(F) any person who is a Vice-Chancellor or member of any governing
body, professor, associate professor, assistant professor, reader, lecturer
or any other teacher or employee, by whatever designation called, of any
University established by a Central Act or established or controlled or
funded by the Central Government or any person whose services have
been availed of by such University or any such other public authority in
connection with holding or conducting examinations; or
(G) any person who is an office-bearer or an employee of an
educational, scientific, social, cultural or other institution, in whatever
manner established, receiving or having received any financial assistance
from the Central Government or any local or other public authority,
the Central Vigilance Commission or any other authority, as the Central
Government may, by notification in the Official Gazette, specify in this behalf
under this Act;
(vii) in relation to—
(A) any person in the service or pay of the State Government or
remunerated by the State Government by way of fees or commission, for
the performance of any public duty except Ministers, Members of
Legislative Council or Legislative Assembly of the State, or in the service
or pay of a society or local authority or any corporation established by or
under a Provincial or State Act, or an authority or a body owned or controlled
or aided by the State Government or a Government company as defined in
section 617 of the Companies Act, 1956, owned or controlled by the State
Government; or
(B) any person who holds an office by virtue of which he is
empowered to prepare, publish, maintain or revise an electoral roll or to
conduct an election or part of an election in relation to municipality or
Panchayats or other local body in the State; or
(C) any person who holds an office by virtue of which he is
authorised or required to perform any public duty in relation to the affairs
of the State Government (except Ministers and Members of Legislative
Council or Legislative Assembly of the State); or
(D) any person who is the president, secretary or other office-bearer
of a registered co-operative society engaged in agriculture, industry, trade
or banking, receiving or having received any financial aid from the State
Government or from any corporation established by or under a Provincial
or State Act, or any authority or body or a Government company as defined
in section 617 of the Companies Act, 1956 owned or controlled or aided
by the State Government; or
1 of 1956.
1 of 1956.
1 of 1956.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(E) any person who is a chairman, member or employee of any State
Service Commission or Board, by whatever name called, or a member of
any selection committee appointed by such Commission or Board for the
conduct of any examination or making any selection on behalf of such
Commission or Board; or
(F) any person who is a Vice-Chancellor or member of any governing
body, professor, associate professor, assistant professor, reader, lecturer
or any other teacher or employee, by whatever designation called, of any
University established by a Provincial or State Act or established or
controlled or funded by the State Government and any person whose
services have been availed of by such University or any such other public
authority in connection with holding or conducting examinations; or
(G) any person who is an office-bearer or an employee of an
educational, scientific, social, cultural or other institution, in whatever
manner established, receiving or having received any financial assistance
from the State Government or any local or other public authority,
the State Vigilance Commission, if any, or any officer of the State Government
or any other authority, as the State Government may, by notification in the Official
Gazette, specify in this behalf under this Act;
(viii) in relation to members or persons referred to in clause (a) or
clause (b) or clause (c) or clause (d) of article 33 of the Constitution, any authority
or authorities as the Central Government or the State Government, as the case
may be, having jurisdiction in respect thereof, may, by notification in the Official
Gazette, specify in this behalf under this Act;
(c) "complainant" means any person who makes a complaint relating to disclosure
under this Act;
(d) "disclosure" means a complaint relating to,—
(i) an attempt to commit or commission of an offence under the Prevention
of Corruption Act, 1988;
(ii) wilful misuse of power or wilful misuse of discretion by virtue of which
demonstrable loss is caused to the Government or demonstrable wrongful gain
accrues to the public servant or to any third party;
(iii) attempt to commit or commission of a criminal offence by a public
servant,
made in writing or by electronic mail or electronic mail message, against the public
servant and includes public interest disclosure referred to in sub-section (2) of
section 4;
(e) "electronic mail" or "electronic mail message" means a message or
information created or transmitted or received on any computer, computer system,
computer resource or communication device including attachments in text, image,
audio, video and any other electronic record, which may be transmitted with the
message;
(f) "Government company" means a company referred to in section 617 of the
Companies Act, 1956;
(g) "notification" means a notification published in the Gazette of India or, as
the case may be, the Official Gazette of a State;
(h) "public authority" means any authority, body or institution falling within the
jurisdiction of the Competent Authority;
49 of 1988.
1 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(i) "public servant" shall have the same meaning as assigned to it in clause (c) of
section 2 of the Prevention of Corruption Act, 1988 but shall not include a Judge of the
Supreme Court or a Judge of a High Court;
(j) "prescribed" means prescribed by rules made by the Central Government and
the State Government, as the case may be, under this Act;
(k) "regulations" means the regulations made by the Competent Authority under
this Act.
CHAPTER II
PUBLIC INTEREST DISCLOSURE
4. (1) Notwithstanding anything contained in the provisions of the Official Secrets
Act, 1923, any public servant or any other person including any non-governmental
organisation, may make a public interest disclosure before the Competent Authority.
(2) Any disclosure made under this Act shall be treated as public interest disclosure
for the purposes of this Act and shall be made before the Competent Authority and the
complaint making the disclosure shall, on behalf of the Competent Authority, be received by
such authority as may be specified by regulations made by the Competent Authority.
(3) Every disclosure shall be made in good faith and the person making disclosure
shall make a personal declaration stating that he reasonably believes that the information
disclosed by him and allegation contained therein is substantially true.
(4) Every disclosure shall be made in writing or by electronic mail or electronic mail
message in accordance with the procedure as may be prescribed and contain full particulars
and be accompanied by supporting documents, or other materials, if any.
(5) The Competent Authority may, if it deems fit, call for further information or
particulars from the person making the disclosure.
(6) No action shall be taken on public interest disclosure by the Competent Authority
if the disclosure does not indicate the identity of the complainant or public servant making
public interest disclosure or the identity of the complainant or public servant is found incorrect
or false.
CHAPTER III
INQUIRY IN RELATION TO PUBLIC INTEREST DISCLOSURE
5. (1) Subject to the provisions of this Act, the Competent Authority shall, on receipt
of a public interest disclosure under section 4,—
(a) ascertain from the complainant or the public servant whether he was the
person or the public servant who made the disclosure or not;
(b) conceal the indentity of the complainant unless the complainant himself has
revealed his identity to any other office or authority while making public interest
disclosure or in his complaint or otherwise.
(2) The Competent Authority shall, upon receipt of the complaint and concealing the
identity of the complainant, or the public servant in the first instance, make discreet inquiry,
in such manner and within such time as may be prescribed, to ascertain whether there is any
basis for proceeding further to investigate the disclosure.
(3) If the Competent Authority, either as a result of the discreet inquiry, or on the basis
of the disclosure itself without any inquiry, is of the opinion that the disclosure requires to be
investigated, it shall seek comments or explanation or report from the Head of the Department
of the organisation or authority, board or corporation concerned or office concerned within
such time as may be specified by it.
Requirement
of public
interest
disclosure.
Powers and
functions of
Competent
Authority on
receipt of
public interest
disclosure.
49 of 1988.
19 of 1923.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(4) While seeking comments or explanations or report referred to in sub-section (3),
the Competent Authority shall not reveal the identity of the complainant or the public servant
and direct the Head of the Department of the organisation concerned or office concerned not
to reveal the identity of the complainant or public servant:
Provided that if the Competent Authority is of the opinion that it has, for the purpose
of seeking comments or explanation or report from them under sub-section (3) on the public
disclosure, become necessary to reveal the identity of the complainant or public servant to
the Head of the Department of the organisation or authority, board or corporation concerned
or office concerned, the Competent Authority may, with the prior written consent of the
complainant or public servant, reveal the identity of the complainant or public servant to
such Head of the Department of the organisation or authority, board or corporation concerned
or office concerned for the said purpose:
Provided further that in case the complainant or public servant does not agree to his
name being revealed to the Head of the Department, in that case, the complainant or public
servant, as the case may be, shall provide all documentary evidence in support of his complaint
to the Competent Authority.
(5) The Head of the organisation or office concerned shall not directly or indirectly
reveal the identity of the complainant or public servant who made the disclosure.
(6) The Competent Authority, if after conducting an inquiry, is of the opinion that—
(a) the facts and allegations contained in the disclosure are frivolous or vexatious;
or
(b) there are no sufficient grounds for proceeding with the inquiry,
it shall close the matter.
(7) After receipt of the comments or explanations or report referred to in sub-section
(3), if the Competent Authority is of the opinion that such comments or explanations or
report reveals either wilful misuse of power or wilful misuse of discretion or substantiates
allegations of corruption, it shall recommend to the public authority to take any one or more
of the following measures, namely:—
(i) initiating proceedings against the concerned public servant;
(ii) taking appropriate administrative steps for redressing the loss caused to the
Government as a result of the corrupt practice or misuse of office or misuse of discretion,
as the case may be;
(iii) recommend to the appropriate authority or agency for initiation of criminal
proceedings under the relevant laws for the time being in force, if so warranted by the
facts and circumstances of the case;
(iv) recommend for taking of corrective measures;
(v) take any other measures not falling under clauses (i) to (iv) which may be
necessary for the purpose of this Act.
(8) The public authority to whom a recommendation is made under sub-section (7)
shall take a decision on such recommendation within three months of receipt of such
recommendation, or within such extended period not exceeding three months, as the
Competent Authority may allow on a request made by the public authority:
Provided that in case the public authority does not agree with the recommendation of
the Competent Authority, it shall record the reasons for such disagreement.
(9) The Competent Authority shall, after making an inquiry, inform the complainant or
public servant about the action taken on the complaint and the final outcome thereof:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
Provided that in a case where, after making an inquiry, the Competent Authority decides
to close the case, it shall, before passing the order for closure of the case, provide an
opportunity of being heard to the complainant, if the complainant so desires.
6. (1) If any matter specified or an issue raised in a disclosure has been determined by
a Court or Tribunal authorised to determine the issue, after consideration of the matters
specified or issue raised in the disclosure, the Competent Authority shall not take notice of
the disclosure to the extent that the disclosure seeks to reopen such issue.
(2) The Competent Authority shall not entertain or inquire into any disclosure—
(a) in respect of which a formal and public inquiry has been ordered under the
Public Servants (Inquiries) Act, 1850; or
(b) in respect of a matter which has been referred for inquiry under the
Commissions of Inquiry Act, 1952.
(3) The Competent Authority shall not investigate, any disclosure involving an
allegation, if the complaint is made after the expiry of seven years from the date on which the
action complained against is alleged to have taken place.
(4) Nothing in this Act shall be construed as empowering the Competent Authority to
question, in any inquiry under this Act, any bona fide action or bona fide discretion (including
administrative or statutory discretion) exercised in discharge of duty by the employee.
CHAPTER IV
POWERS OF COMPETENT AUTHORITY
7. (1) Without prejudice to the powers conferred upon the Competent Authority under
any other law for the time being in force, the Competent Authority, may require, for the
purpose of any inquiry any public servant or any other person who in its opinion shall be
able to furnish information or produce documents relevant to the inquiry or assist in the
inquiry, to furnish any such information or produce any such document as may be necessary
for the said purpose.
(2) For the purpose of any such inquiry (including the preliminary inquiry), the
Competent Authority shall have all the powers of a Civil Court while trying a suit under the
Code of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) such other matters as may be prescribed.
(3) The Competent Authority shall be deemed to be a Civil Court for the purpose of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, and every
proceeding before the Competent Authority shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code.
(4) Subject to the provisions of section 8, no obligation to maintain secrecy or other
restriction upon the disclosure of information obtained by or furnished to the Government
or any public servant, whether imposed by the Official Secrets Act, 1923 or any other law for
the time being in force, shall be claimed by any public servant in the proceedings before the
Competent Authority or any person or agency authorised by it in writing and the Government
Matters not
to be inquired
by Competent
Authority.
37 of 1850.
60 of 1952.
Powers of
Competent
Authority.
5 of 1908.
2 of 1974.
45 of 1860.
19 of 1923.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
or any public servant shall not be entitled in relation to any such inquiry, to any such
privilege in respect of the production of documents or the giving of evidence as is allowed
by any enactment or by any rules made thereunder:
Provided that the Competent Authority, while exercising such powers of the Civil
Court, shall take steps as necessary to ensure that the identity of the person making complaint
has not been revealed or compromised.
8. (1) No person shall be required or be authorised by virtue of provisions contained in
this Act to furnish any such information or answer any such question or produce any document
or information or render any other assistance in the inquiry under this Act if such question or
document or information is likely to prejudicially affect the interest of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign State, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence,—
(a) as might involve the disclosure of proceedings of the Cabinet of the Union
Government or any Committee of the Cabinet;
(b) as might involve the disclosure of proceedings of the Cabinet of the State
Government or any Committee of that Cabinet,
and for the purpose of this sub-section, a certificate issued by the Secretary to the
Government of India or the Secretary to the State Government, as the case may be, or,
any authority so authorised by the Central or State Government certifying that any
information, answer or portion of a document is of the nature specified in clause (a) or
clause (b), shall be binding and conclusive.
(2) Subject to the provisions of sub-section (1), no person shall be compelled for the
purposes of inquiry under this Act to give any evidence or produce any document which he
could not be compelled to give or produce in proceedings before a court.
9. (1) Every public authority shall, for the purposes of dealing or inquiry into the
disclosures sent to it under sub-section (3) of section 5, create an appropriate machinery for
the said purpose.
(2) The Competent Authority shall exercise superintendence over the working of
machinery created under sub-section (1) for the purposes of dealing or inquiry into the
disclosures and give such directions for its proper functioning, from time to time, as it may
consider necessary.
10. For the purpose of making discreet inquiry or obtaining information from the
organisation concerned, the Competent Authority shall be authorised to take assistance of
the Delhi Special Police Establishment or the police authorities, or any other authority as
may be considered necessary, to render all assistance to complete the inquiry within the
prescribed time pursuant to the disclosure received by the Competent Authority.
CHAPTER V
PROTECTION TO THE PERSONS MAKING DISCLOSURE
11. (1) The Central Government shall ensure that no person or a public servant who
has made a disclosure under this Act is victimised by initiation of any proceedings or otherwise
merely on the ground that such person or a public servant had made a disclosure or rendered
assistance in inquiry under this Act.
(2) If any person is being victimised or likely to be victimised on the ground that he
had filed a complaint or made disclosure or rendered assistance in inquiry under this Act,
he may file an application before the Competent Authority seeking redress in the matter, and
such authority shall take such action, as deemed fit and may give suitable directions to the
concerned public servant or the public authority, as the case may be, to protect such person
from being victimised or avoid his victimisation:
Certain
matters
exempt from
disclosure.
Superintendence
of
Competent
Authority
over
appropriate
machinery.
Competent
Authority to
take
assistance of
police
authorities,
etc., in certain
cases.
Safeguards
against
victimisation.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
Provided that the Competent Authority shall, before giving any such direction to the
public authority or public servant, give an opportunity of hearing to the complainant and the
public authority or public servant, as the case may be:
Provided further that in any such hearing, the burden of proof that the alleged action
on the part of the public authority is not victimisation, shall lie on the public authority.
(3) Every direction given under sub-section (2) by the Competent Authority shall be
binding upon the public servant or the public authority against whom the allegation of
victimisation has been proved.
(4) Notwithstanding anything contained in any other law for the time being in force,
the power to give directions under sub-section (2), in relation to a public servant, shall
include the power to direct the restoration of the public servant making the disclosure, to the
status quo ante.
(5) Any person who wilfully does not comply with the direction of the Competent
Authority under sub-section (2), shall be liable to a penalty which may extend up to thirty
thousand rupees.
12. If the Competent Authority either on the application of the complainant, or witnesses,
or on the basis of information gathered, is of the opinion that either the complainant or
public servant or the witnesses or any person rendering assistance for inquiry under this Act
need protection, the Competent Authority shall issue appropriate directions to the concerned
Government authorities (including police) which shall take necessary steps, through its
agencies, to protect such complainant or public servant or persons concerned.
13. The Competent Authority shall, notwithstanding any law for the time being in
force, conceal, as required under this Act, the identity of the complainant and the documents
or information furnished by him, for the purposes of enquiry under this Act, unless so decided
otherwise by the Competent Authority itself or it became necessary to reveal or produce the
same by virtue of the order of the court.
14. The Competent Authority, at any time after the making of disclosure by the
complainant or public servant, if it is of the opinion that any corrupt practice required to be
stopped during the continuation of any inquiry for the said purpose may pass such interim
orders as it may deem fit, to prevent the immediate stoppage of such practice.
CHAPTER VI
OFFENCES AND PENALTIES
15. Where the Competent Authority, at the time of examining the report or explanations
or report referred to in sub-section (3) of section 5 on the complaint submitted by organisation
or official concerned, is of the opinion that the organisation or official concerned, without
any reasonable cause, has not furnished the report within the specified time or mala fidely
refused to submit the report or knowingly given incomplete, incorrect or misleading or false
report or destroyed record or information which was the subject of the disclosure or obstructed
in any manner in furnishing the report, it shall impose—
(a) where the organisation or official concerned, without any reasonable cause,
has not furnished the report within the specified time or mala fidely refused to submit
the report, a penalty which may extend to two hundred fifty rupees for each day till
report is furnished, so, however, the total amount of such penalty shall not exceed fifty
thousand rupees;
(b) where the organisation or official concerned, has knowingly given incomplete,
incorrect or misleading or false report or destroyed record or information which was
the subject of the disclosure or obstructed in any manner the furnishing of the report,
a penalty which may extend to fifty thousand rupees:
Provided that no penalty shall be imposed against any person unless he has been
given an opportunity of being heard.
16. Any person, who negligently or mala fidely reveals the identity of a complainant
shall, without prejudice to the other provisions of this Act, be punishable with imprisonment
for a term which may extend up to three years and also to fine which may extend up to fifty
thousand rupees.
Protection of
witnesses and
other persons.
Protection of
identity of
complainant.
Penalty for
furnishing
incomplete or
incorrect or
misleading
comments or
explanation or
report.
Power to
pass interim
orders.
Penalty for
revealing
identity of
complainant.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
17. Any person who makes any disclosure mala fidely and knowingly that it was
incorrect or false or misleading shall be punishable with imprisonment for a term which may
extend up to two years and also to fine which may extend up to thirty thousand rupees.
18. (1) Where an offence under this Act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly unless he proves that the
offence was committed without his knowledge or that he exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a Department of Government and it is proved that the offence
has been committed with the consent or connivance of, or is attributable, such officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
19. (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to
the company for the conduct of the business of the company as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act, if he proves that the offence was committed without
his knowledge or that he has exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to, any neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or other association
of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
20. Any person aggrieved by any order of the Competent Authority relating to
imposition of penalty under section 14 or section 15 or section 16 may prefer an appeal to
the High Court within a period of sixty days from the date of the order appealed against:
Provided that the High Court may entertain the appeal after the expiry of the said
period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause
from preferring the appeal in time.
Explanation.—For the purposes of this section, the "High Court" means the High
Court within whose jurisdiction the cause of action arose.
21. No Civil Court shall have jurisdiction in respect of any matter which the Competent
Authority is empowered by or under this Act to determine and no injunction shall be granted
by any court or other authority in respect of any action taken or to be taken in pursuance of
any power conferred by or under this Act.
22. (1) No court shall take cognizance of any offence punishable under this Act or the
rules or regulations made thereunder, save on a complaint made by the Competent Authority
or any officer or person authorised by it.
Punishment
for false or
frivolous
disclosure.
Punishment
to Head of
Department
in certain
cases.
Offences by
companies.
Appeal to
High Court.
Bar of
jurisdiction.
Court to take
cognizance.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial
Magistrate shall try any offence punishable under this Act.
CHAPTER VII
MISCELLANEOUS
23. (1) The Competent Authority shall prepare a consolidated annual report of the
performance of its activities in such form as may be prescribed and forward it to the Central
Government or State Government, as the case may be.
(2) On receipt of the annual report under sub-section (1), the Central Government or
State Government, as the case may be, shall cause a copy thereof to be laid before each
House of Parliament, or the State Legislature, as the case may be:
Provided that where any other law for the time being in force provides preparing of
such annual report by the Competent Authority, then the said annual report shall contain a
separate part on the performance of activities under this Act by the Competent Authority.
24. No suit, prosecution or other legal proceedings shall lie against the Competent
Authority or against any officer, employees, agency or person acting on its behalf, in respect
of anything which is in good faith done or intended to be done under this Act.
25. (1) The Central Government may, by notification in the official Gazette, make
rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the procedure for disclosure by writing or appropriate electronic means under
sub-section (4) of section 4;
(b) the manner in which and the time within which the discreet inquiry shall be
made by the Competent Authority under sub-section (2) of section 5;
(c) the additional matter in respect of which the Competent Authority may exercise
the powers of a Civil Court under clause (f) of sub-section (2) of section 7;
(d) the form of annual report under sub-section (1) of section 23;
(e) any other matter which is required to be, or may be, prescribed.
26. The State Government may, by notification in the Official Gazette, make rules for
the purpose of carrying out the provisions of this Act.
27. The Competent Authority may, with the previous approval of the Central
Government or the State Government, as the case may be, by notification in the Official
Gazette, make regulations not inconsistent with the provisions of the Act and the rules made
thereunder to provide for all matters for which provision is expedient for the purposes of
giving effect to the provisions of this Act.
28. Every notification issued and every rule made by the Central Government and
every regulation made by the Competent Authority under this Act shall be laid, as soon as
may be after it is issued or made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any modification in the
notification or the rule or the regulation, or both Houses agree that the notification or the
rule or the regulation should not be made, the notification or the rule or the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that notification or rule or regulation.
Report on
disclosures.
Protection of
action taken in
good faith.
Power of
Central
Government
to make rules.
Power of
State
Government
to make
rules.
Power to
make
regulations.
Notification
and rules to
be laid before
Parliament.
29. Every notification issued by a State Government and every rule made by a State
Government and every regulation made by the Competent Authority under this Act shall be
laid, as soon as may be after it is issued, before the State Legislature.
30. (1) If any difficulty arises in giving effect to the provisions of the Act, the Central
Government may, by order, not inconsistent with the provisions of this Act, remove the
difficulty:
Provided that no such order shall be made after the expiry of a period of three years
from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before each House of Parliament.
31. (1) The Government of India, Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training) Resolution No. 371/12/2002-AVD-III
dated the 21st April, 2004 as amended vide Resolution of even number, dated the 29th April,
2004 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Resolution be deemed to have been done or taken under this Act.
—————
DR. SANJAY SINGH,
Additional Secretary to the Govt. of India.
————
CORRIGENDUM
In the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013), as
published in a Gazette of India, Extraordinary, Part II, Session 1, issue No. 33, dated the
19th September, 2013, at page 3, line 35, for “preson”, read “person”.
Notification
issued and
rules made by
State
Government to
be laid before
State
Legislature.
Power to
remove
difficulties.
Repeal and
savings.
GMGIPMRND—228GI(S3)—12-05-2014.
http://persmin.gov.in/DOPT/EmployeesCorner/Acts_Rules/TheWhistleBlowersProtectionAct2011.pdf
(Legislative Department)
New Delhi, the 12th May, 2014/Vaisakha 22, 1936 (Saka)
The following Act of Parliament received the assent of the President on the
9th May, 2014, and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
3. In this Act, unless the context otherwise requires,—
(a) "Central Vigilance Commission" means the Commission constituted under
sub-section (1) of section 3 of the Central Vigilance Commission Act, 2003;
(b) "Competent Authority" means—
(i) in relation to a Member of the Union Council of Ministers, the
Prime Minister;
(ii) in relation to a Member of Parliament, other than a Minister, the Chairman
of the Council of States if such Member is a Member of the Council of States or
the Speaker of the House of the People if such Member is a Member of the
House of the People, as the case may be;
(iii) in relation to a Member of the Council of Ministers in a State or Union
territory, the Chief Minister of the State or Union territory, as the case may be;
(iv) in relation to a Member of Legislative Council or Legislative Assembly
of a State or Union territory, other than a Minister, the Chairman of the Legislative
Council if such Member is a Member of the Council or the Speaker of the
Legislative Assembly if such Member is a Member of the Assembly, as the case
may be;
(v) in relation to—
(A) any Judge (except a Judge of the Supreme Court or of a High
Court) including any person empowered by law to discharge, whether by
himself or as a member of any body of persons, any adjudicatory functions;
or
(B) any person authorised by a court of justice to perform any duty,
in connection with the administration of justice, including a liquidator,
receiver or commissioner appointed by such court; or
(C) any arbitrator or other person to whom any cause or matter has
been referred for decision or report by a court of justice or by a competent
public authority,
the High Court;
(vi) in relation to—
(A) any person in the service or pay of the Central Government or
remunerated by the Central Government by way of fees or commission
for the performance of any public duty except Ministers, Members of
Parliament and members or persons referred to in clause (a) or clause (b) or
clause (c) or clause (d) of article 33 of the Constitution, or in the service or
pay of a society or local authority or any corporation established by or
under any Central Act, or an authority or a body owned or controlled or
aided by the Central Government or a Government company as defined in
section 617 of the Companies Act, 1956, owned or controlled by the Central
Government; or
(B) any person who holds an office by virtue of which he is
empowered to prepare, publish, maintain or revise an electoral roll or to
conduct an election or part of an election in relation to elections to
Parliament or a State Legislature; or
(C) any person who holds an office by virtue of which he is authorised
or required to perform any public duty (except Ministers and Members of
Parliament); or
Definitions.
45 of 2003.
1 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(D) any person who is the president, secretary or other office-bearer
of a registered co-operative society engaged in agriculture, industry, trade
or banking, receiving or having received any financial aid from the Central
Government or from any corporation established by or under a Central
Act, or any authority or body or a Government company as defined in
section 617 of the Companies Act, 1956 owned or controlled or aided by
the Central Government; or
(E) any person who is a chairman, member or employee of any Central
Service Commission or Board, by whatever name called, or a member of
any selection committee appointed by such Commission or Board for the
conduct of any examination or making any selection on behalf of such
Commission or Board; or
(F) any person who is a Vice-Chancellor or member of any governing
body, professor, associate professor, assistant professor, reader, lecturer
or any other teacher or employee, by whatever designation called, of any
University established by a Central Act or established or controlled or
funded by the Central Government or any person whose services have
been availed of by such University or any such other public authority in
connection with holding or conducting examinations; or
(G) any person who is an office-bearer or an employee of an
educational, scientific, social, cultural or other institution, in whatever
manner established, receiving or having received any financial assistance
from the Central Government or any local or other public authority,
the Central Vigilance Commission or any other authority, as the Central
Government may, by notification in the Official Gazette, specify in this behalf
under this Act;
(vii) in relation to—
(A) any person in the service or pay of the State Government or
remunerated by the State Government by way of fees or commission, for
the performance of any public duty except Ministers, Members of
Legislative Council or Legislative Assembly of the State, or in the service
or pay of a society or local authority or any corporation established by or
under a Provincial or State Act, or an authority or a body owned or controlled
or aided by the State Government or a Government company as defined in
section 617 of the Companies Act, 1956, owned or controlled by the State
Government; or
(B) any person who holds an office by virtue of which he is
empowered to prepare, publish, maintain or revise an electoral roll or to
conduct an election or part of an election in relation to municipality or
Panchayats or other local body in the State; or
(C) any person who holds an office by virtue of which he is
authorised or required to perform any public duty in relation to the affairs
of the State Government (except Ministers and Members of Legislative
Council or Legislative Assembly of the State); or
(D) any person who is the president, secretary or other office-bearer
of a registered co-operative society engaged in agriculture, industry, trade
or banking, receiving or having received any financial aid from the State
Government or from any corporation established by or under a Provincial
or State Act, or any authority or body or a Government company as defined
in section 617 of the Companies Act, 1956 owned or controlled or aided
by the State Government; or
1 of 1956.
1 of 1956.
1 of 1956.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(E) any person who is a chairman, member or employee of any State
Service Commission or Board, by whatever name called, or a member of
any selection committee appointed by such Commission or Board for the
conduct of any examination or making any selection on behalf of such
Commission or Board; or
(F) any person who is a Vice-Chancellor or member of any governing
body, professor, associate professor, assistant professor, reader, lecturer
or any other teacher or employee, by whatever designation called, of any
University established by a Provincial or State Act or established or
controlled or funded by the State Government and any person whose
services have been availed of by such University or any such other public
authority in connection with holding or conducting examinations; or
(G) any person who is an office-bearer or an employee of an
educational, scientific, social, cultural or other institution, in whatever
manner established, receiving or having received any financial assistance
from the State Government or any local or other public authority,
the State Vigilance Commission, if any, or any officer of the State Government
or any other authority, as the State Government may, by notification in the Official
Gazette, specify in this behalf under this Act;
(viii) in relation to members or persons referred to in clause (a) or
clause (b) or clause (c) or clause (d) of article 33 of the Constitution, any authority
or authorities as the Central Government or the State Government, as the case
may be, having jurisdiction in respect thereof, may, by notification in the Official
Gazette, specify in this behalf under this Act;
(c) "complainant" means any person who makes a complaint relating to disclosure
under this Act;
(d) "disclosure" means a complaint relating to,—
(i) an attempt to commit or commission of an offence under the Prevention
of Corruption Act, 1988;
(ii) wilful misuse of power or wilful misuse of discretion by virtue of which
demonstrable loss is caused to the Government or demonstrable wrongful gain
accrues to the public servant or to any third party;
(iii) attempt to commit or commission of a criminal offence by a public
servant,
made in writing or by electronic mail or electronic mail message, against the public
servant and includes public interest disclosure referred to in sub-section (2) of
section 4;
(e) "electronic mail" or "electronic mail message" means a message or
information created or transmitted or received on any computer, computer system,
computer resource or communication device including attachments in text, image,
audio, video and any other electronic record, which may be transmitted with the
message;
(f) "Government company" means a company referred to in section 617 of the
Companies Act, 1956;
(g) "notification" means a notification published in the Gazette of India or, as
the case may be, the Official Gazette of a State;
(h) "public authority" means any authority, body or institution falling within the
jurisdiction of the Competent Authority;
49 of 1988.
1 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(i) "public servant" shall have the same meaning as assigned to it in clause (c) of
section 2 of the Prevention of Corruption Act, 1988 but shall not include a Judge of the
Supreme Court or a Judge of a High Court;
(j) "prescribed" means prescribed by rules made by the Central Government and
the State Government, as the case may be, under this Act;
(k) "regulations" means the regulations made by the Competent Authority under
this Act.
CHAPTER II
PUBLIC INTEREST DISCLOSURE
4. (1) Notwithstanding anything contained in the provisions of the Official Secrets
Act, 1923, any public servant or any other person including any non-governmental
organisation, may make a public interest disclosure before the Competent Authority.
(2) Any disclosure made under this Act shall be treated as public interest disclosure
for the purposes of this Act and shall be made before the Competent Authority and the
complaint making the disclosure shall, on behalf of the Competent Authority, be received by
such authority as may be specified by regulations made by the Competent Authority.
(3) Every disclosure shall be made in good faith and the person making disclosure
shall make a personal declaration stating that he reasonably believes that the information
disclosed by him and allegation contained therein is substantially true.
(4) Every disclosure shall be made in writing or by electronic mail or electronic mail
message in accordance with the procedure as may be prescribed and contain full particulars
and be accompanied by supporting documents, or other materials, if any.
(5) The Competent Authority may, if it deems fit, call for further information or
particulars from the person making the disclosure.
(6) No action shall be taken on public interest disclosure by the Competent Authority
if the disclosure does not indicate the identity of the complainant or public servant making
public interest disclosure or the identity of the complainant or public servant is found incorrect
or false.
CHAPTER III
INQUIRY IN RELATION TO PUBLIC INTEREST DISCLOSURE
5. (1) Subject to the provisions of this Act, the Competent Authority shall, on receipt
of a public interest disclosure under section 4,—
(a) ascertain from the complainant or the public servant whether he was the
person or the public servant who made the disclosure or not;
(b) conceal the indentity of the complainant unless the complainant himself has
revealed his identity to any other office or authority while making public interest
disclosure or in his complaint or otherwise.
(2) The Competent Authority shall, upon receipt of the complaint and concealing the
identity of the complainant, or the public servant in the first instance, make discreet inquiry,
in such manner and within such time as may be prescribed, to ascertain whether there is any
basis for proceeding further to investigate the disclosure.
(3) If the Competent Authority, either as a result of the discreet inquiry, or on the basis
of the disclosure itself without any inquiry, is of the opinion that the disclosure requires to be
investigated, it shall seek comments or explanation or report from the Head of the Department
of the organisation or authority, board or corporation concerned or office concerned within
such time as may be specified by it.
Requirement
of public
interest
disclosure.
Powers and
functions of
Competent
Authority on
receipt of
public interest
disclosure.
49 of 1988.
19 of 1923.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(4) While seeking comments or explanations or report referred to in sub-section (3),
the Competent Authority shall not reveal the identity of the complainant or the public servant
and direct the Head of the Department of the organisation concerned or office concerned not
to reveal the identity of the complainant or public servant:
Provided that if the Competent Authority is of the opinion that it has, for the purpose
of seeking comments or explanation or report from them under sub-section (3) on the public
disclosure, become necessary to reveal the identity of the complainant or public servant to
the Head of the Department of the organisation or authority, board or corporation concerned
or office concerned, the Competent Authority may, with the prior written consent of the
complainant or public servant, reveal the identity of the complainant or public servant to
such Head of the Department of the organisation or authority, board or corporation concerned
or office concerned for the said purpose:
Provided further that in case the complainant or public servant does not agree to his
name being revealed to the Head of the Department, in that case, the complainant or public
servant, as the case may be, shall provide all documentary evidence in support of his complaint
to the Competent Authority.
(5) The Head of the organisation or office concerned shall not directly or indirectly
reveal the identity of the complainant or public servant who made the disclosure.
(6) The Competent Authority, if after conducting an inquiry, is of the opinion that—
(a) the facts and allegations contained in the disclosure are frivolous or vexatious;
or
(b) there are no sufficient grounds for proceeding with the inquiry,
it shall close the matter.
(7) After receipt of the comments or explanations or report referred to in sub-section
(3), if the Competent Authority is of the opinion that such comments or explanations or
report reveals either wilful misuse of power or wilful misuse of discretion or substantiates
allegations of corruption, it shall recommend to the public authority to take any one or more
of the following measures, namely:—
(i) initiating proceedings against the concerned public servant;
(ii) taking appropriate administrative steps for redressing the loss caused to the
Government as a result of the corrupt practice or misuse of office or misuse of discretion,
as the case may be;
(iii) recommend to the appropriate authority or agency for initiation of criminal
proceedings under the relevant laws for the time being in force, if so warranted by the
facts and circumstances of the case;
(iv) recommend for taking of corrective measures;
(v) take any other measures not falling under clauses (i) to (iv) which may be
necessary for the purpose of this Act.
(8) The public authority to whom a recommendation is made under sub-section (7)
shall take a decision on such recommendation within three months of receipt of such
recommendation, or within such extended period not exceeding three months, as the
Competent Authority may allow on a request made by the public authority:
Provided that in case the public authority does not agree with the recommendation of
the Competent Authority, it shall record the reasons for such disagreement.
(9) The Competent Authority shall, after making an inquiry, inform the complainant or
public servant about the action taken on the complaint and the final outcome thereof:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
Provided that in a case where, after making an inquiry, the Competent Authority decides
to close the case, it shall, before passing the order for closure of the case, provide an
opportunity of being heard to the complainant, if the complainant so desires.
6. (1) If any matter specified or an issue raised in a disclosure has been determined by
a Court or Tribunal authorised to determine the issue, after consideration of the matters
specified or issue raised in the disclosure, the Competent Authority shall not take notice of
the disclosure to the extent that the disclosure seeks to reopen such issue.
(2) The Competent Authority shall not entertain or inquire into any disclosure—
(a) in respect of which a formal and public inquiry has been ordered under the
Public Servants (Inquiries) Act, 1850; or
(b) in respect of a matter which has been referred for inquiry under the
Commissions of Inquiry Act, 1952.
(3) The Competent Authority shall not investigate, any disclosure involving an
allegation, if the complaint is made after the expiry of seven years from the date on which the
action complained against is alleged to have taken place.
(4) Nothing in this Act shall be construed as empowering the Competent Authority to
question, in any inquiry under this Act, any bona fide action or bona fide discretion (including
administrative or statutory discretion) exercised in discharge of duty by the employee.
CHAPTER IV
POWERS OF COMPETENT AUTHORITY
7. (1) Without prejudice to the powers conferred upon the Competent Authority under
any other law for the time being in force, the Competent Authority, may require, for the
purpose of any inquiry any public servant or any other person who in its opinion shall be
able to furnish information or produce documents relevant to the inquiry or assist in the
inquiry, to furnish any such information or produce any such document as may be necessary
for the said purpose.
(2) For the purpose of any such inquiry (including the preliminary inquiry), the
Competent Authority shall have all the powers of a Civil Court while trying a suit under the
Code of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) such other matters as may be prescribed.
(3) The Competent Authority shall be deemed to be a Civil Court for the purpose of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, and every
proceeding before the Competent Authority shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code.
(4) Subject to the provisions of section 8, no obligation to maintain secrecy or other
restriction upon the disclosure of information obtained by or furnished to the Government
or any public servant, whether imposed by the Official Secrets Act, 1923 or any other law for
the time being in force, shall be claimed by any public servant in the proceedings before the
Competent Authority or any person or agency authorised by it in writing and the Government
Matters not
to be inquired
by Competent
Authority.
37 of 1850.
60 of 1952.
Powers of
Competent
Authority.
5 of 1908.
2 of 1974.
45 of 1860.
19 of 1923.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
or any public servant shall not be entitled in relation to any such inquiry, to any such
privilege in respect of the production of documents or the giving of evidence as is allowed
by any enactment or by any rules made thereunder:
Provided that the Competent Authority, while exercising such powers of the Civil
Court, shall take steps as necessary to ensure that the identity of the person making complaint
has not been revealed or compromised.
8. (1) No person shall be required or be authorised by virtue of provisions contained in
this Act to furnish any such information or answer any such question or produce any document
or information or render any other assistance in the inquiry under this Act if such question or
document or information is likely to prejudicially affect the interest of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign State, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence,—
(a) as might involve the disclosure of proceedings of the Cabinet of the Union
Government or any Committee of the Cabinet;
(b) as might involve the disclosure of proceedings of the Cabinet of the State
Government or any Committee of that Cabinet,
and for the purpose of this sub-section, a certificate issued by the Secretary to the
Government of India or the Secretary to the State Government, as the case may be, or,
any authority so authorised by the Central or State Government certifying that any
information, answer or portion of a document is of the nature specified in clause (a) or
clause (b), shall be binding and conclusive.
(2) Subject to the provisions of sub-section (1), no person shall be compelled for the
purposes of inquiry under this Act to give any evidence or produce any document which he
could not be compelled to give or produce in proceedings before a court.
9. (1) Every public authority shall, for the purposes of dealing or inquiry into the
disclosures sent to it under sub-section (3) of section 5, create an appropriate machinery for
the said purpose.
(2) The Competent Authority shall exercise superintendence over the working of
machinery created under sub-section (1) for the purposes of dealing or inquiry into the
disclosures and give such directions for its proper functioning, from time to time, as it may
consider necessary.
10. For the purpose of making discreet inquiry or obtaining information from the
organisation concerned, the Competent Authority shall be authorised to take assistance of
the Delhi Special Police Establishment or the police authorities, or any other authority as
may be considered necessary, to render all assistance to complete the inquiry within the
prescribed time pursuant to the disclosure received by the Competent Authority.
CHAPTER V
PROTECTION TO THE PERSONS MAKING DISCLOSURE
11. (1) The Central Government shall ensure that no person or a public servant who
has made a disclosure under this Act is victimised by initiation of any proceedings or otherwise
merely on the ground that such person or a public servant had made a disclosure or rendered
assistance in inquiry under this Act.
(2) If any person is being victimised or likely to be victimised on the ground that he
had filed a complaint or made disclosure or rendered assistance in inquiry under this Act,
he may file an application before the Competent Authority seeking redress in the matter, and
such authority shall take such action, as deemed fit and may give suitable directions to the
concerned public servant or the public authority, as the case may be, to protect such person
from being victimised or avoid his victimisation:
Certain
matters
exempt from
disclosure.
Superintendence
of
Competent
Authority
over
appropriate
machinery.
Competent
Authority to
take
assistance of
police
authorities,
etc., in certain
cases.
Safeguards
against
victimisation.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
Provided that the Competent Authority shall, before giving any such direction to the
public authority or public servant, give an opportunity of hearing to the complainant and the
public authority or public servant, as the case may be:
Provided further that in any such hearing, the burden of proof that the alleged action
on the part of the public authority is not victimisation, shall lie on the public authority.
(3) Every direction given under sub-section (2) by the Competent Authority shall be
binding upon the public servant or the public authority against whom the allegation of
victimisation has been proved.
(4) Notwithstanding anything contained in any other law for the time being in force,
the power to give directions under sub-section (2), in relation to a public servant, shall
include the power to direct the restoration of the public servant making the disclosure, to the
status quo ante.
(5) Any person who wilfully does not comply with the direction of the Competent
Authority under sub-section (2), shall be liable to a penalty which may extend up to thirty
thousand rupees.
12. If the Competent Authority either on the application of the complainant, or witnesses,
or on the basis of information gathered, is of the opinion that either the complainant or
public servant or the witnesses or any person rendering assistance for inquiry under this Act
need protection, the Competent Authority shall issue appropriate directions to the concerned
Government authorities (including police) which shall take necessary steps, through its
agencies, to protect such complainant or public servant or persons concerned.
13. The Competent Authority shall, notwithstanding any law for the time being in
force, conceal, as required under this Act, the identity of the complainant and the documents
or information furnished by him, for the purposes of enquiry under this Act, unless so decided
otherwise by the Competent Authority itself or it became necessary to reveal or produce the
same by virtue of the order of the court.
14. The Competent Authority, at any time after the making of disclosure by the
complainant or public servant, if it is of the opinion that any corrupt practice required to be
stopped during the continuation of any inquiry for the said purpose may pass such interim
orders as it may deem fit, to prevent the immediate stoppage of such practice.
CHAPTER VI
OFFENCES AND PENALTIES
15. Where the Competent Authority, at the time of examining the report or explanations
or report referred to in sub-section (3) of section 5 on the complaint submitted by organisation
or official concerned, is of the opinion that the organisation or official concerned, without
any reasonable cause, has not furnished the report within the specified time or mala fidely
refused to submit the report or knowingly given incomplete, incorrect or misleading or false
report or destroyed record or information which was the subject of the disclosure or obstructed
in any manner in furnishing the report, it shall impose—
(a) where the organisation or official concerned, without any reasonable cause,
has not furnished the report within the specified time or mala fidely refused to submit
the report, a penalty which may extend to two hundred fifty rupees for each day till
report is furnished, so, however, the total amount of such penalty shall not exceed fifty
thousand rupees;
(b) where the organisation or official concerned, has knowingly given incomplete,
incorrect or misleading or false report or destroyed record or information which was
the subject of the disclosure or obstructed in any manner the furnishing of the report,
a penalty which may extend to fifty thousand rupees:
Provided that no penalty shall be imposed against any person unless he has been
given an opportunity of being heard.
16. Any person, who negligently or mala fidely reveals the identity of a complainant
shall, without prejudice to the other provisions of this Act, be punishable with imprisonment
for a term which may extend up to three years and also to fine which may extend up to fifty
thousand rupees.
Protection of
witnesses and
other persons.
Protection of
identity of
complainant.
Penalty for
furnishing
incomplete or
incorrect or
misleading
comments or
explanation or
report.
Power to
pass interim
orders.
Penalty for
revealing
identity of
complainant.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
17. Any person who makes any disclosure mala fidely and knowingly that it was
incorrect or false or misleading shall be punishable with imprisonment for a term which may
extend up to two years and also to fine which may extend up to thirty thousand rupees.
18. (1) Where an offence under this Act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly unless he proves that the
offence was committed without his knowledge or that he exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a Department of Government and it is proved that the offence
has been committed with the consent or connivance of, or is attributable, such officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
19. (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to
the company for the conduct of the business of the company as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act, if he proves that the offence was committed without
his knowledge or that he has exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to, any neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or other association
of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
20. Any person aggrieved by any order of the Competent Authority relating to
imposition of penalty under section 14 or section 15 or section 16 may prefer an appeal to
the High Court within a period of sixty days from the date of the order appealed against:
Provided that the High Court may entertain the appeal after the expiry of the said
period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause
from preferring the appeal in time.
Explanation.—For the purposes of this section, the "High Court" means the High
Court within whose jurisdiction the cause of action arose.
21. No Civil Court shall have jurisdiction in respect of any matter which the Competent
Authority is empowered by or under this Act to determine and no injunction shall be granted
by any court or other authority in respect of any action taken or to be taken in pursuance of
any power conferred by or under this Act.
22. (1) No court shall take cognizance of any offence punishable under this Act or the
rules or regulations made thereunder, save on a complaint made by the Competent Authority
or any officer or person authorised by it.
Punishment
for false or
frivolous
disclosure.
Punishment
to Head of
Department
in certain
cases.
Offences by
companies.
Appeal to
High Court.
Bar of
jurisdiction.
Court to take
cognizance.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial
Magistrate shall try any offence punishable under this Act.
CHAPTER VII
MISCELLANEOUS
23. (1) The Competent Authority shall prepare a consolidated annual report of the
performance of its activities in such form as may be prescribed and forward it to the Central
Government or State Government, as the case may be.
(2) On receipt of the annual report under sub-section (1), the Central Government or
State Government, as the case may be, shall cause a copy thereof to be laid before each
House of Parliament, or the State Legislature, as the case may be:
Provided that where any other law for the time being in force provides preparing of
such annual report by the Competent Authority, then the said annual report shall contain a
separate part on the performance of activities under this Act by the Competent Authority.
24. No suit, prosecution or other legal proceedings shall lie against the Competent
Authority or against any officer, employees, agency or person acting on its behalf, in respect
of anything which is in good faith done or intended to be done under this Act.
25. (1) The Central Government may, by notification in the official Gazette, make
rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the procedure for disclosure by writing or appropriate electronic means under
sub-section (4) of section 4;
(b) the manner in which and the time within which the discreet inquiry shall be
made by the Competent Authority under sub-section (2) of section 5;
(c) the additional matter in respect of which the Competent Authority may exercise
the powers of a Civil Court under clause (f) of sub-section (2) of section 7;
(d) the form of annual report under sub-section (1) of section 23;
(e) any other matter which is required to be, or may be, prescribed.
26. The State Government may, by notification in the Official Gazette, make rules for
the purpose of carrying out the provisions of this Act.
27. The Competent Authority may, with the previous approval of the Central
Government or the State Government, as the case may be, by notification in the Official
Gazette, make regulations not inconsistent with the provisions of the Act and the rules made
thereunder to provide for all matters for which provision is expedient for the purposes of
giving effect to the provisions of this Act.
28. Every notification issued and every rule made by the Central Government and
every regulation made by the Competent Authority under this Act shall be laid, as soon as
may be after it is issued or made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any modification in the
notification or the rule or the regulation, or both Houses agree that the notification or the
rule or the regulation should not be made, the notification or the rule or the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that notification or rule or regulation.
Report on
disclosures.
Protection of
action taken in
good faith.
Power of
Central
Government
to make rules.
Power of
State
Government
to make
rules.
Power to
make
regulations.
Notification
and rules to
be laid before
Parliament.
29. Every notification issued by a State Government and every rule made by a State
Government and every regulation made by the Competent Authority under this Act shall be
laid, as soon as may be after it is issued, before the State Legislature.
30. (1) If any difficulty arises in giving effect to the provisions of the Act, the Central
Government may, by order, not inconsistent with the provisions of this Act, remove the
difficulty:
Provided that no such order shall be made after the expiry of a period of three years
from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before each House of Parliament.
31. (1) The Government of India, Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training) Resolution No. 371/12/2002-AVD-III
dated the 21st April, 2004 as amended vide Resolution of even number, dated the 29th April,
2004 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Resolution be deemed to have been done or taken under this Act.
—————
DR. SANJAY SINGH,
Additional Secretary to the Govt. of India.
————
CORRIGENDUM
In the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013), as
published in a Gazette of India, Extraordinary, Part II, Session 1, issue No. 33, dated the
19th September, 2013, at page 3, line 35, for “preson”, read “person”.
Notification
issued and
rules made by
State
Government to
be laid before
State
Legislature.
Power to
remove
difficulties.
Repeal and
savings.
GMGIPMRND—228GI(S3)—12-05-2014.
http://persmin.gov.in/DOPT/EmployeesCorner/Acts_Rules/TheWhistleBlowersProtectionAct2011.pdf
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