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Start Free TrialPublic 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
List Judgments citing this sectionPublic 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.
View Complete Act List Judgments citing this sectionPublic Interest Disclosure (Protection of Informers) Act, 2002 Section 11
Title: Transfer of Public Servant for Avoiding Victimization
State: Central
Year: 2002
(1) The public servant making a disclosure may, during or at the conclusion of the inquiry, apply to the Competent Authority for transfer from the Office or Department in which he is currently posted to another Office or Department. (2) The Competent Authority on receipt of an application under sub section (1) shall, if it is satisfied that the applicant has been victimized or is likely to be victimized because of the disclosure, direct the appropriate authority, even if the inquiry has not resulted in any finding against the public servant, to transfer the applicant to another Office or Department, if such transfer is feasible having regard to the qualification and experience of the applicant and the availability of an equivalent post.
View Complete Act List Judgments citing this sectionPublic 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:
View Complete Act List Judgments citing this sectionPublic 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.
View Complete Act List Judgments citing this sectionPublic Interest Disclosure (Protection of Informers) Act, 2002 Section 2
Title: Definitions
State: Central
Year: 2002
.....which is subject to the control of the Central Government and which is notified by that Government in this behalf in the Official Gazette; (i) "victimisation" with all its grammatical variations, in relation to a public servant other than a Minister, shall include - (A) suspension pending inquiry, transfer, dilution or withdrawal of duties, powers and responsibilities, recording adverse entries in the service records, issue of memos, verbal abuse, all classes of major or minor punishment specified in the disciplinary rules, orders or regulations applicable to such public servant and such other type of harassment; (B) any of the acts referred to in sub clause (A) whether committed by the person against whom a disclosure is made or by any other person or public authority at his instance.
View Complete Act List Judgments citing this sectionPublic 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.....
View Complete Act List Judgments citing this sectionPublic Interest Disclosure (Protection of Informers) Act, 2002 Section 10
Title: Safeguards Againstvictimization
State: Central
Year: 2002
.....under this Act. (2) If any person other than the Minister, is aggrieved by any action on the ground that he is being victimised due to the fact that he had filed a complaint under section 3, he may file an application before the Competent Authority seeking redress in the matter. (3) On receipt of an application of under sub section (2), the Competent Authority may, after making such inquiry as it deems fit, is of opinion that allegation of victimization- (a) is true and is relatable to the complaint or its subject matter, it may give appropriate directions as it may consider necessary, to the concerned public servant or public authority as the case may be; (b) is not true or is not maintainable for the reason that the alleged victimisation is not relatable to the complaint or its subject matter, it may dismiss the application. (4) Notwithstanding anything contained in any other law for the time being in force, the power to give directions under sub section (3), 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) The Competent Authority issuing directions.....
View Complete Act List Judgments citing this sectionPublic Interest Disclosure (Protection of Informers) Act, 2002 Section 7
Title: Powers of Thecompetent Authority
State: Central
Year: 2002
.....of information obtained by or furnished to Government or any public servant, whether imposed by the Official Secrets Act 1923 or any other enactment or by any rule of law, shall be claimed by any public servant in the proceedings before the Competent Authority or any person or agency authorized by it in writing and the Government 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 rule of law in legal proceedings. (5) No person shall be required or be authorized by virtue of this Act to furnish any such information or answer any such question or produce so much of any document - (a) as might prejudice the security or defence or international relations of India (including India's relations with the Government of any other country or with any international organization), or the ongoing investigation of crime; or (b) as might involve the disclosure of proceedings of the Cabinet of the Union Government or any Committee of that Cabinet and for the purpose of this sub section a certificate issued by a Secretary to the.....
View Complete Act List Judgments citing this sectionPublic Interest Disclosure (Protection of Informers) Act, 2002 Section 1
Title: Short Title and Extent
State: Central
Year: 2002
(1) This Act may be called as the Public Interest Disclosure (Protection of Informers) Act, 2002. (2) It extends to the whole of India and applies also to public servants outside India.
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