Contact us   Feedback   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

THE WHISTLE BLOWERS PROTECTION ACT 2011 AN OVERVIEW PART II

Other Topics - By: - Mr.M. GOVINDARAJAN - Dated:- 8-9-2015 - Inquiry to public interest disclosure Chapter III of the Act provides for inquiry in relation to public interest disclosure by the Competent Authority. Section 6 provides the matters that are not to be inquired by Competent Authority as detailed below: If any matter specified or an issue raised in a disclosure has been determined by a Court or Tribunal authorized to determine the issue, after consideration of the matters specified or .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

any disclosure involving an allegation, if the complaint is made after the expiry of 7 years from the date of which the action complained against is alleged to have been taken place; Nothing in this Act shall be construed as empowering the Competent Authority to question, in any inquiry under this Act, any bona fide action or bona fide discretion (including administrative or statutory discretion) exercised in discharge of duty by the employee. The procedure of inquiry by the Competent Authority .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and within such time as may be prescribed, to ascertain whether there is any basis for proceeding further to investigate the disclosure; The Competent Authority, either as a result of the discreet inquiry, or on the basis of the disclosure itself without any inquiry, is of the opinion that the disclosure requires to be investigated, it shall seek comments or explanation or report from the Head of the Department of the organization or authority, board or corporation concerned or office concerned .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ainant or public servant the Competent Authority may, with the prior written consent of the complainant or public servant, reveal the identity of the complainant or public service to such Head of the Department of the organization or authority, board or corporation concerned or office concerned for the said purpose; In case the complainant or public servant does not agree to his name being revealed to the Head of the Department, in that case, the complainant or public servant shall provide all t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ty is of the opinion that such comments or explanations or reports reveals either willful misuse of power or willful misuse of discretion or substantives allegations of corruption, it shall recommend to the public authority to take any one or more of the following measures: Initiating proceedings against the concerned public servant; Taking appropriated administrative steps for redressing the loss caused to the Government as a result of the corrupt practice or misuse of office or misuse of discr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

such recommendation, or within such extended period not exceeding three months, as the Competent Authority may allow on a request made by the public authority; In case the public authority does not agree with the recommendations of the Competent Authority, it shall record the reasons for such disagreement; The Competent Authority shall, after making an inquiry, inform the complainant or public servant about the action taken on the complaint and the final outcome thereof; In case where, after ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ry to furnish any such information or produce any such document as may be necessary for the said purpose. The Competent Authority shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely: summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof fro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ions for its proper functioning, from time to time, as it may consider necessary. The Competent Authority shall be authorized to take assistance of the Delhi Special Police Establishment or the police authorities or any other authority as may be considered necessary, to render all assistance to complete the inquiry within the prescribed time pursuant to the disclosure received by the Competent Authority. Section 14 gives powers to the Competent Authority to pass interim orders. The Competent Aut .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rovides protection of witnesses and other persons. Section 13 provides for the protection of identity of the complainant. Section 11(1) provides that the Competent Authority shall ensure that no person or a public servant who has made a disclosure under this Act is victimized by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under this Act. Section 11(2) provides that f any person is bei .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

all give an opportunity of hearing to the complainant and the public authority or public servant, as the case may be. In such hearing the burden of proof that the alleged action on the part of the public authority is not victimization, shall lie on the public authority. Every such direction given by the Competent authority shall be binding upon the public servant or the public authority against whom the allegation of victimization has been proved. This power includes the power to direct the rest .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

take necessary steps, through its agencies, to protect such complainant or public servant or persons concerned. Section 13 provides that the Competent Authority shall conceal the identity of the complainant and the documents or information furnished by him, for the purpose of enquiry unless so decided otherwise by the Competent Authority itself or it became necessary to reveal or produce same by virtue of the order of the Court. Offences and Penalties Section 11(5) provides that any person who w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r information which was the subject of the disclosure of the disclosure or obstructed in any manner in furnishing the report, it shall impose- a penalty which may extend to ₹ 250 for each day till report is furnished, so, however the total amount of such penalty shall not exceed ₹ 50,000/-; a penalty which may extend to ₹ 15,000/- in case of incomplete, incorrect or misleading or false report or destroyed record or information which was the subject matter of the disclosure Befo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nment for a term which may extend up to 2 years and also to fine which may extend up to ₹ 30,000/- Section 18 provides that where an offence has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. If it is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless if such person proves that the offence was committed with his knowledge or that he has exercised all due diligence to prevent the commission of such offence. Where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urt may entertain the appeal after the expiry of the said period of 60 days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal. Bar of jurisdiction Section 21 provides that no Civil Court shall have the jurisdiction in respect of any matter which the Competent Authority is empowered by or under the Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version