SectionsParticulars
Preamble
An act to establish a mechanism to receive complaints relating to disclosure on any allegation of corruption or willful misuse of power or willful misuse of d...
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Whistle Blowers Protection Act, 2011.2.     It extends to the whole of India except the State of Jammu and Kashmir.3.     I...
2Provisions of this Act not to apply to Special Protection Group
The provisions of this Act shall not apply to the armed forces of the Union, being the Special Protection Group constituted under the Special Protection Group...
3Definitions
In this Act, unless the context otherwise requires,—a.     "Central Vigilance Commission" means the Commission constituted under sub-section (1) of section 3 ...
Chapter IIPublic Interest Disclosure
4Requirement of public interest disclosure
1.     Notwithstanding anything contained in the provisions of the Official Secrets Act, 1923, any public servant or any other person including any non-govern...
Chapter IIIInquiry in Relation to Public Interest Disclosure
5Powers and functions of Competent Authority on receipt of public interest disclosure
1.     Subject to the provisions of this Act, the Competent Authority shall, on receipt of a public interest disclosure under section 4,—a.     ascertain fro...
6Matters not to be inquired by Competent Authority
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 conside...
Chapter IVPowers of Competent Authority
7Powers of Competent Authority
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 re...
8Certain matters exempt from disclosure
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 ...
9Superintendence of Competent Authority over appropriate machinery
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 approp...
10Competent Authority to take assistance of police authorities, etc., in certain cases
For the purpose of making discreet inquiry or obtaining information from the organisation concerned, the Competent Authority shall be authorised to take assis...
Chapter VProtection to the Persons Making Disclosure
11Safeguards against victimisation
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 proc...
12Protection of witnesses and other persons
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 ...
13Protection of identity of complainant
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 t...
14Power to pass interim orders
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 re...
Chapter VIOffences and Penalties
15Penalty for furnishing incomplete or incorrect or misleading comments or explanation or report
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 subm...
16Penalty for revealing identity of complainant
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 w...
17Punishment for false or frivolous disclosure
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 wh...
18Punishment to Head of Department in certain cases
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 offe...
19Offences by companies
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 resp...
20Appeal to High Court
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 appe...
21Bar of jurisdiction
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...
22Court to take cognizance
1.     No court shall take cognizance of any offence punishable under this Act or the rules or regulations made there under save on a complaint made by the Co...
Chapter VIIMiscellaneous
23Report on disclosures
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 i...
24Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Competent Authority or against any officer, employees, agency or person acting on its be...
25Power of Central Government to make rules
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 p...
26Power of State Government to make rules
The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act....
27Power to make regulations
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...
28Notification and rules to be laid before Parliament
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 ...
29Notification issued and rules made by State Government to be laid before State Legislature
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 ...
30Power to remove difficulties
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 t...
31Repeal and savings
1.     The Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/12/2002-AVD-II...
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