Act Number: 17

Act Name: The Whistle Blowers Protection Act, 2014

Year: 2014

Enactment Date: 2014-05-09

Long Title: An Act to establish a mechanism to receive complaints relating to isclosure on any allegation of corruption or wilful misuse of power or wilful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimisation of the person making such complaint and for matters connected therewith and incidental thereto.

Ministry: Ministry of Personnel, Public Grievances and Pensions

Department: Department of Personnel and Training

Section 8: Certain matters exempt from disclosure.
    (1) No person shall be required or be authorised by virtue of provisions contained in this Act to furnish any such information or answer any such question or produce any document or information or render any other assistance in the inquiry under this Act if such question or document or information is likely to prejudicially affect the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign State, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence,—
         (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 clause (b), shall be binding and conclusive.
     (2) Subject to the provisions of sub-section (1), no person shall be compelled for the purposes of inquiry under this Act to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court.
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