1. (1) This Act may be called the Whistle Blowers Protection Act, 2011.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint; and different dates may be appointed for different provisions
of this Act and any reference in any provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
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.
Short title,
extent and
commencement.
Provisions of
this Act not to
apply to Special
Protection
Group.
34 of 1988.
EXTRAORDINARY
PART II — Section 1
PUBLISHED BY AUTHORITY
No. 19] NEW DELHI, MONDAY, MAY 12, 2014/VAISAKHA 22, 1936 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 12th May, 2014/Vaisakha 22, 1936 (Saka)
The following Act of Parliament received the assent of the President on the
9th May, 2014, and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
3. In this Act, unless the context otherwise requires,—
(a) "Central Vigilance Commission" means the Commission constituted under
sub-section (1) of section 3 of the Central Vigilance Commission Act, 2003;
(b) "Competent Authority" means—
(i) in relation to a Member of the Union Council of Ministers, the
Prime Minister;
(ii) in relation to a Member of Parliament, other than a Minister, the Chairman
of the Council of States if such Member is a Member of the Council of States or
the Speaker of the House of the People if such Member is a Member of the
House of the People, as the case may be;
(iii) in relation to a Member of the Council of Ministers in a State or Union
territory, the Chief Minister of the State or Union territory, as the case may be;
(iv) in relation to a Member of Legislative Council or Legislative Assembly
of a State or Union territory, other than a Minister, the Chairman of the Legislative
Council if such Member is a Member of the Council or the Speaker of the
Legislative Assembly if such Member is a Member of the Assembly, as the case
may be;
(v) in relation to—
(A) any Judge (except a Judge of the Supreme Court or of a High
Court) including any person empowered by law to discharge, whether by
himself or as a member of any body of persons, any adjudicatory functions;
or
(B) any person authorised by a court of justice to perform any duty,
in connection with the administration of justice, including a liquidator,
receiver or commissioner appointed by such court; or
(C) any arbitrator or other person to whom any cause or matter has
been referred for decision or report by a court of justice or by a competent
public authority,
the High Court;
(vi) in relation to—
(A) 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 service or
pay of a society or local authority or any corporation established by or
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
(B) 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 of an election in relation to elections to
Parliament or a State Legislature; or
(C) any person who holds an office by virtue of which he is authorised
or required to perform any public duty (except Ministers and Members of
Parliament); or
Definitions.
45 of 2003.
1 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(D) any person who is the president, secretary or other office-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 company as defined in
section 617 of the Companies Act, 1956 owned or controlled or aided by
the Central Government; or
(E) any person who is a chairman, member or employee of any Central
Service Commission or Board, by whatever name called, or a member of
any selection committee appointed by such Commission or Board for the
conduct of any examination or making any selection on behalf of such
Commission or Board; or
(F) any person who is a Vice-Chancellor or member of any governing
body, professor, associate 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 examinations; or
(G) 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 Central Government or any local or other public authority,
the Central Vigilance Commission or any other authority, as the Central
Government may, by notification in the Official Gazette, specify in this behalf
under this Act;
(vii) in relation to—
(A) any person in the service or pay of the State Government or
remunerated by the State Government by way of fees or commission, for
the performance of any public duty except Ministers, Members of
Legislative Council or Legislative Assembly of the State, or in the service
or pay of a society 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
(B) 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 of an election in relation to municipality or
Panchayats or other local body in the State; or
(C) any person who holds an office by virtue of which he is
authorised or required to perform any public duty in relation to the affairs
of the State Government (except Ministers and Members of Legislative
Council or Legislative Assembly of the State); or
(D) any person who is the president, secretary or other office-bearer
of a registered co-operative society engaged in agriculture, industry, trade
or banking, 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
1 of 1956.
1 of 1956.
1 of 1956.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(E) 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 for the
conduct of any examination or making any selection on behalf of such
Commission or Board; or
(F) any person who is a Vice-Chancellor or member of any governing
body, professor, associate professor, assistant professor, reader, lecturer
or any other teacher or employee, by whatever designation called, of any
University established by a Provincial or State Act or established or
controlled or funded by the State Government and any person whose
services have been availed of by such University or any such other public
authority in connection with holding or conducting examinations; or
(G) 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 Official
Gazette, specify in this behalf under this Act;
(viii) in relation to members or persons referred to in clause (a) or
clause (b) or clause (c) or clause (d) of article 33 of the Constitution, any authority
or authorities as the Central Government or the State Government, as the case
may be, having jurisdiction in respect thereof, may, by notification in the Official
Gazette, specify in this behalf under this Act;
(c) "complainant" means any person who makes a complaint relating to disclosure
under this Act;
(d) "disclosure" means a complaint relating to,—
(i) an attempt to commit or commission of an offence under the Prevention
of Corruption Act, 1988;
(ii) wilful misuse of power or wilful 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;
(iii) attempt to commit or commission of a criminal offence by a public
servant,
made in writing or by electronic mail or electronic mail message, against the public
servant and includes public interest disclosure referred to in sub-section (2) of
section 4;
(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;
(f) "Government company" means a company referred to in section 617 of the
Companies Act, 1956;
(g) "notification" means a notification published in the Gazette of India or, as
the case may be, the Official Gazette of a State;
(h) "public authority" means any authority, body or institution falling within the
jurisdiction of the Competent Authority;
49 of 1988.
1 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(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.