Bare Act Search Results

Public Interest Disclosure (Protection of Informers) Act, 2002 Section 4

Title: Procedure on Receipt of Public Interest Disclosure

State: Central

Year: 2002

(1) On receipt of a public interest disclosure under section 3, if the Competent Authority considers, after conducting a preliminary inquiry that such disclosure - (a) is frivolous or vexatious; (b) is misconceived or lacking in substance; (c) is trivial;or (d) has already been dealt with adequately; it shall dismiss the complaint and inform the person making the disclosure accordingly. (2) If an issue raised in a disclosure has been determined by a court or tribunal authorised to determine the issue, after consideration of the matters raised in the disclosure, the Competent Authority shall decline to act on the disclosure to the extent that the disclosure seeks to reopen the issue. (3) If the Competent Authority is of the opinion that the disclosure should be inquired into then it shall proceed in accordance with the provisions of section 5, to inquire into the facts and allegations contained in the disclosure.

Public Interest Disclosure (Protection of Informers) Act, 2002 Section 3

Title: Requirements of a Public Interest Disclosure

State: Central

Year: 2002

(1) Any disclosure of information revealing a disclosable conduct shall be a public interest disclosure for the purposes of this Act. (2) Notwithstanding anything contained in the Official Secrets Act, 1923, any public servant other than those referred to clauses (a) to (d) of article 33 of the Constitution or any other person including any non governmental organization,may make a public interest disclosure to the Competent Authority. (3) Every disclosure shall be made in good faith and the person making it shall solemnly affirm that he reasonably believes that the information disclosed and any allegation contained therein is substantially true. (4) Every disclosure shall be in writing and shall contain as full particulars as possible and shall be accompanied by supporting documents or other material. (5) The Competent Authority may, if it deems fit call for further information or particulars from the person making the disclosure. (6) The Competent Authority shall not entertain a disclosure under subsection (1) unless the identity of the person making it is disclosed in the disclosure.

Public Interest Disclosure (Protection of Informers) Act, 2002 Complete Act

Title: Public Interest Disclosure (Protection of Informers) Act, 2002

State: Central

Year: 2002

Preamble1 - PUBLIC INTEREST DISCLOSURE (PROTECTION OF INFORMERS) ACT, 2002 Section1 - Short title and extent Section2 - Definitions Section3 - Requirements of a Public Interest Disclosure Section4 - Procedure on receipt of Public Interest Disclosure Section5 - Procedure of Inquiry Section6 - Matters not subject to inquiry by Competent Authority Section7 - Powers of the Competent Authority Section8 - Report on disclosures Section9 - Time limit for completion of inquiry Section10 - Safeguards against victimization Section11 - Transfer of Public Servant for avoiding victimization Section12 - Protection of witnesses and other persons Section13 - Power to pass interim orders Section14 - Burden of proof in certain cases Section15 - Protection of action taken in good faith Section16 - Punishment for False or Frivolous Disclosures Section17 - Power to make rules

Public Interest Disclosure (Protection of Informers) Act, 2002 Preamble 1

Title: Public Interest Disclosure (Protection of Informers) Act, 2002

State: Central

Year: 2002

PUBLIC INTEREST DISCLOSURE (PROTECTION OF INFORMERS) ACT, 2002 PREAMBLE Act to encourage disclosure of information relating to the conduct of any public servant involving the commission of any offence under the Prevention of Corruption Act, 1988 or any other law for the time being in force,abuse of official position or mal-administration,to protect the persons making such disclosures and for matters connected therewith or incidental thereto. BE it enacted in Parliament in the Fifty-third Year of Republic of India as follows:

Public Interest Disclosure (Protection of Informers) Act, 2002 Section 16

Title: Punishment for False or Frivolous Disclosures

State: Central

Year: 2002

Any person who makes any disclosure which was false to his knowledge or reckless or malicious, shall 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.

Voluntary Disclosure of Income and Wealth Act, 1976 Complete Act

State: Central

Year: 1976

.....on the part of such person to make a return under the Indian Income tax Act, 1922 or the Income-tax Act or to disclose fully and truly all material facts necessary for his assessment or otherwise, then, notwithstanding anything contained in the Indian Income -tax Act, 1922or the Income-tax Act or in any Finance Act, income-tax shall be charged in respect of the income so declared (such income being hereinafter referred to as the voluntarily disclosed income) at the rate or rates specified in the Schedule. (2) Nothing contained in sub-section (1) shall apply in relation to- (i) the income assessable for any assessment year for which a notice under section 139-or section 148 of the Income-tax Act "has been served upon such person and the return has not been furnished before the commencement of this Act; (ii) where any books of account, other documents money, bullion, jewellery or other valuable articles or things belonging to the person making the declaration under sub -section (1) (hereafter in this section, in sections 4-to13-and in the Schedule referred to as the declarant) have been seized as a re- suit of any search under section 132 of the Income -tax Act-or under S. 37A of.....

Right to Information Act, 2005 Section 8

Title: Exemption from Disclosure of Information

State: Central

Year: 2005

.....anything in the Official Secrets Act, 1923(19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act

Public Interest Disclosure (Protection of Informers) Act, 2002 Section 5

Title: Procedure of Inquiry

State: Central

Year: 2002

.....the fixing of places and times of its inquiry. (5) If, after conducting an inquiry, the Competent Authority is of the opinion that - (a) the facts and allegations contained in the disclosure are frivolous or vexatious or are not made in good faith; or (b) there are no sufficient grounds for proceeding with the inquiry, it shall close the inquiry and inform the concerned persons, the reasons for its opinion. (6) If after conducting such inquiry, the Competent Authority is of the opinion that disclosable conduct is established against a public servant, (a) it shall, if such public servant is other than a Minister, record the appropriate findings and send its findings along with the relevant records, to the Authority competent to take disciplinary action against the public servant; (b) it shall, if such public servant is a Minister, record the appropriate findings and send its findings along with the relevant records, to the Prime Minister. (7) The authorities referred to in clauses (a) or (b) of sub section (6), as the case may be, shall upon receipt of the findings under that sub section, take appropriate action immediately against the person named in its.....

Freedom of Information Act, 2002 Section 8

Title: Exemption from Disclosure of Information

State: Central

Year: 2002

.....commercial interests or the competitive position of a public authority; or would cause unfair gain or loss to any person; and (g) information, the disclosure of which may result in the breach of privileges of Parliament or the Legislature of a State, or contravention of a lawful order of a court. (2) Subject to the provisions of clause (a) of sub-section (1), any information relating to any occurrence, event or matter which has taken place occurred or happened twenty-five years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty-five years has to be computed, the decision of the Central Government shall be final.

Public Interest Disclosure (Protection of Informers) Act, 2002 Section 6

Title: Matters Not Subjectto Inquiry by Competent Authority

State: Central

Year: 2002

.....made after the expiry of five years from the date on which the action complained against is alleged to have taken place: Provided that the Competent Authority may entertain a disclosure referred to in clause (a), if the person making it satisfies him that he had sufficient cause for not making the disclosure within the period specified in this clause. (3) Subject to the provisions of sub section (2) the provisions of this Act shall apply to all disclosable conduct committed before the commencement of this Act. (4) Nothing in this Act shall be construed as empowering the Competent Authority to question, in any inquiry under this Act, any administrative or statutory action taken in the exercise of a discretion except where it is satisfied that the discretion is so exercised because of the disclosable conduct.