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THE WHISTLE BLOWERS PROTECTION ACT 2011 AN OVERVIEW PART I

Other Topics - By: - Mr.M. GOVINDARAJAN - Dated:- 7-9-2015 - Introduction A whistle blower is a person who exposes any kind of information or activity that is deemed illegal, dishonest, or not correct within an organization that is either private or public. The information of alleged wrongdoing can be classified in many ways: violation of company policy/rules, law, regulation, or threat to public interest/national security, as well as fraud, and corruption. Those who become whistleblowers can c .....

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sed or alleged of wrongdoing. Whistleblowers face legal action, criminal charges, social stigma, and termination from any position, office, or job. The demand to enact a law to protect whistle blower has gained momentum after a National Highways Authority of India engineer Satyandra Dubey was killed in 2003 after complaining of corruption. To protect the whistle blowers the Government enacted an Act viz., The Whistle Blowers Protection Act, 2011 . The whistleblowers Act seeks to protect whistleb .....

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eceive complaints relating to disclosure on any allegation of corruption; or willful misuse of power; or willful misuse of discretion against any public service; to inquire or cause an inquiry into such disclosure; to provide adequate safeguards against victimization of the person making such complain; and for matters connected therewith and incidental thereto. Applicability This Act extends to the whole of India except Jammu and Kashmir. The provisions of this Act shall not apply to the armed f .....

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People. The Chairman of the Council of States; The Speaker of the House 3 In relation to a Member of the Council of Ministers in a State or Union Territory The Chief Minister of the State of Union Territory 4 In relation to a Member of Legislative Council or Legislative Assembly of a State or Union Territory, other than a Minister-if such Member is a Member of the Council; -if such Member is a Member of the Assembly -the Chairman of the Legislative Council; -the Speaker of the Legislative Assemb .....

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r decision or report by a Court of Justice or by a competent public authority The High Court 6 In relation to- any person in the service or pay of the Central government or remunerated by the Central Government by way of fees or commission for the performance of any public duty except Ministers, Members of Parliament and members or persons referred to in clause (a) or clause (b) or clause (c) or clause (d) of article 33 of the Constitution, or in the services or pay of a society or local authori .....

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ature; or any person who holds an office by virtue of which he is authorized or required to perform any public duty (except Ministers and Members of Parliament); or any person who is the president, secretary or other officer bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or from any corporation established by or under a Central Act, or any authority or body or a Government .....

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sociate professor, assistant professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any University established by a Central Act or established or controlled or funded by the Central Government or any person whose services have been availed of by such University or any such other public authority in connection with holding or conducting examination; or any person who is an office-bearer or an employee of an educational, scientific, social, cultural or oth .....

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xcept Ministers, Members of Legislative Council or Local authority or any corporation established by or under a Provincial or State Act, or an authority or a body owned or controlled or aided by the State Government or a Government company as defined in Section 617 of the Companies Act, 1956, owned or controlled by the State Government; or any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part .....

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receiving or having received any financial aid from the State Government or from any corporation established by or under a Provincial or State act, or any authority or body or a Government company as defined in Section 617 of the Companies Act, 1956 owned or controlled or aided by the State Government; or any person who is a Chairman, member or employee of any State Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board .....

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c authority in connection with holding or conducting examination ; or any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the State Government or any local or other public authority. The State Vigilance Commission, if any, or any officer of the State Government or any other authority, as the State Government may, by notification in the Off .....

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ting to- an attempt to commit or commission of an offence under the Prevention of Corruption act, 1988; willful misuse of power or willful misuse of discretion by virtue of which demonstrable loss is caused to the Government or demonstrable wrongful gain accrues to the public servant or to any third party; attempt to commit or commission or a criminal offence by a public servant made in writing by electronic mail or electronic mail message, against the public servant and includes public interest .....

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and shall be made before the Competent Authority and the complaint making the disclosure shall, on behalf of the Competent Authority, be received by such authority as may be specified by regulations made by the Competent Authority. Every disclosure shall be made in good faith and the person making disclosure shall make a personal declaration stating that he reasonably believes that the information disclosed by him and allegation contained therein is substantially true. Every disclosure shall be .....

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