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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

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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.

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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:

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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.

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Companies Act, 1956 Section 396

Title: Power of Central Governmentto Provide for Amalgamation of Companies in Public Interest

State: Central

Year: 1956

.....Government may fix in that behalf, not being less than two months from the date on which the copy aforesaid is received by that company, or from any class of shareholders therein, or from any creditors or any class of creditors thereof. (5) Copies of every order made under this section shall, as soon as may be after it has been made, be laid before both Houses of Parliament. _____________________ 1. Substituted by Act 65 of 1960, Section 152, for "national interest" (w.e.f. 28-12-1960) 2. Substituted by Act 35 of 1985, Section 3 for "The order aforesaid may" (w.e.f. 24-5-1985). 3. Substituted by Act 35 of 1985, Section 3 for "as may be prescribed" (w.e.f. 24-5-1985). 4. Inserted by Act 35 of 1985, Section 3 (w.e.f. 24-5-1985). 5. Substituted by Act 11 of 2003, Section 43, for "Company Law Board". 6. The words "and" omitted by Act 35 of 1985, Section 3 (w.e.f. 24-5-1985).

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Monopolies and Restrictive Trade Practices Act, 1969 Section 38

Title: Presumption as to the Public Interest

State: Central

Year: 1969

.....to become engaged in the trade or business of selling such goods or of producing or selling similar goods) resulting or likely to result from the operation of the restriction. (2) In this section "purchases", "consumers" and "users" include persons purchasing, consuming or using for the purpose or in course of trade or business or for public purposes; and references in this section to any one person include references to any two or more persons being inter-connected undertakings or individuals carrying on business in partnership with each other. ________________________ 1. The word "or" omitted by Act 30 of 1984, section 32 w.e.f. 1-8-1984. 2. Inserted by Act 30 of 1984, section 32 w.e.f. 1-8-1984.

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Companies Act, 2013, Section 237

Title: Power of Central Government to Provide for Amalgamation of Companies in Public Interest

State: Central

Year: 2013

.....rights, interests, authorities and privileges, and with such liabilities, duties and obligations, as may be specified in the order. (2) The order under sub-section (1) may also provide for the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company and such consequential, incidental and supplemental provisions as may, in the opinion of the Central Government, be necessary to give effect to the amalgamation. (3) Every member or creditor, including a debenture holder, of each of the transferor companies before the amalgamation shall have, as nearly as may be, the same interest in or rights against the transferee company as he had in the company of which he was originally a member or creditor, and in case the interest or rights of such member or creditor in or against the transferee company are less than his interest in or rights against the original company, he shall be entitled to compensation to that extent, which shall be assessed by such authority as may be prescribed and every such assessment shall be published in the Official Gazette, and the compensation so assessed shall be paid to the member or.....

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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.....

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Public 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.

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Monopolies and Restrictive Trade Practices Act, 1969 Section 32

Title: Monopolistic Trade Practice to Be Deemed to Be Prejudicial to the Public Interest Except in Certain Cases

State: Central

Year: 1969

1 [32. Monopolistic trade practice to be deemed to be prejudicial to the public interest except in certain cases.- For the purposes of this Act every monopolistic trade practice shall be deemed to be prejudicial to the public interest, except where- (a) such trade practice is expressly authorised by any enactment for the time being in force, or (b) the Central Government, being satisfied that any such trade practice is necessary- (i) to meet the requirements of the defence of India or any part thereof, or for the security of the State; or (ii) to ensure the maintenance of supply of goods and services essential to the community; or (iii) to give effect to the terms of any agreement to which the Central Government is a party, by a written order, permits the owner of any undertaking to carry on any such trade practice.] ________________________ 1. Substituted by Act 30 of 1984, section 25, for section 32 w.e.f. 1-8-1984.

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