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Whistle Blowers (A) Bill, 2015
Whistle Blowers (A) Bill, 2015
BILL
further to amend the Whistle Blowers Protection Act, 2011.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:
1. (1) This Act may be called the Whistle Blowers Protection (Amendment) Act, 2015.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
17 of 2014. 5
2. In the Whistle Blowers Protection Act, 2011 (hereinafter referred to as the principal
Act), in section 2, the words the armed forces of the Union, being shall be omitted.
3. In the principal Act, in section 3,
1 of 1956 .
18 of 2013. 1 0
(i) for the words and figures section 617 of the Companies Act, 1956, wherever
they occur, the words, brackets and figures clause (45) of section 2 of the Companies
Act, 2013 shall be substituted;
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(ii) in clause (d), in the opening line, for the word complaint, the word
disclosure shall be substituted.
Amendment of
section 4.
4. In the principal Act, in section 4, for sub-section (1), the following sub-sections
shall be substituted, namely:
(1) Any public servant or any other person including a non-Governmental
organisation may make public interest disclosure before the Competent Authority.
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15
20
22 of 2005.
2 5 22 of 2005.
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5. In section 5 of the principal Act, after sub-section (1), the following sub-section
shall be inserted, namely:
22 of 2005.
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22 of 2005.
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(1A) The Competent Authority shall not inquire into any public interest
disclosure which involves information of the nature specified in sub-section (1A) of
section 4:
Provided that the Competent Authority shall, on receipt of any such public
interest disclosure, refer such disclosure to an authority authorised under
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sub-section (1) of section 8 to ascertain whether the disclosure contains any
information of the nature specified in sub-section (1A) of section 4, and the certificate
given in this regard by such authority shall be binding on the Competent Authority..
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10
15
20
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6. In section 8 of the principal Act, for sub-section (1), the following sub-section shall
be substituted, namely:
(1) No person shall be required or authorised under this Act, or under any other
law for the time being in force, to furnish any information or answer any question or
produce any document or render any other assistance in an inquiry under this Act,
if furnishing of such information, or answering of question or the production of the
document or the rendering of assistance is likely to result in the disclosure of any
information of the nature specified in sub-section (1A) of section 4, and for this purpose,
a certificate issued by an authority, authorised in this behalf by the Central Government
or the State Government, as the case may be, certifying that such information, answer,
document or assistance is of the nature specified in sub-section (1A) of section 4, shall
be binding..
7. For section 14 of the principal Act, the following section shall be substituted,
namely:
Substitution
of new section
for section
14.
Power to pass
interim orders.
8. In section 18 of the principal Act, in sub-section (2), for the words is attributable,
such officer, the words is attributable to any negligence on the part of any officer other
than the Head of the Department, such officer shall be substituted.
Amendment
of section 18.
9. In section 20 of the principal Act, for the words and figures relating to imposition
of penalty under section 14 or section 15 or section 16, the words and figures under
section 15 shall be substituted.
Amendment
of section 20.
Amendment
of section 8.
(i) in sub-section (1), for the words a consolidated the word an shall be
substituted;
Amendment
of section 23.
(ii) in sub-section (2), for the words cause a copy thereof, the words
consolidate the reports so received and cause the consolidated report shall be
substituted.
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11. In section 31 of the principal Act, in sub-section (2), for the words be deemed, the
words shall be deemed shall be substituted.
Amendment
of section 31.
NEW DELHI;
ANNEXURE
EXTRACTS FROM THE WHISTLE BLOWERS PROTECTION ACT, 2011
(17 OF 2014)
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34 of 1988.
2. 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 Act, 1988.
Provisions of
this Act not
to apply to
Special
Protection
Group.
Definitions.
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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
1 of 1956.
49 of 1988.
7
(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;
1 of 1956.
49 of 1988.
(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
19 of 1923.
Requirement
of public
interest
disclosure.
Certain
matters
exempt from
disclosure.
(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 caluse (b), shall be binding
and conclusive.
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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.
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18. (1)
Power to pass
interim
orders.
Punishment
to Head of
Department
in certain
cases.
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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.
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Appeal
to
High Court.
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, "High Court' means the High Court
within whose jurisdiction the cause of action arose.
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CHAPTER VII
MISCELLANEOUS
Report on
disclosures.
23. (1) The Competent Authority shall prepare a consolidate 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.
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Repeal and
savings.
31. (1)
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(2) Notwithstanding such repeal, anything done or any action taken under the said
Resolution be deemed to have been or taken under this Act.
LOK SABHA
BILL
further to amend the Whistle Blowers Protection Act, 2011.
GMGIPMRND932LS(S3)07.05.2015.