Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010” Tabled in Lok Sabha

Public Interest Disclosure and Protection to Persons Making the
Disclosure Bill, 2010” Tabled in Lok Sabha [1 Attachment]

Ministry of Personnel, Public Grievances & Pensions
26-August-2010 19:13 IST
Public Interest Disclosure and Protection to Persons Making the
Disclosure Bill, 2010” Tabled in Lok Sabha

The Public Interest Disclosure and Protection to Persons making the
Disclosure Bill, 2010, was tabled in the Lok Sabha today by Sh.
Prithviraj Chavan, Minister of State for Personnel, Public Grievances
and Pensions. The Bill is a stand alone legislation to, inter-alia,
provide-

(a) for bringing within the scope of the Bill, public servants being
the employees of the Central government or the State Government or any
corporation established by or under any Central Act or any State Act,
Government Companies, Societies or local authorities owned or
controlled by the Central Government or the State Government and such
other categories of employees as may be notified by the Central
Government, or as the case may be, the State Government, from time to
time, in the Official Gazette;
(b) adequate protection to the persons reporting corruption or
wilful misuse of power or wilful misuse of discretion which causes
demonstrable loss to the Government or commission of a criminal
offence by a public servant;
(c) a regular mechanism to encourage such person to disclose the
information on corruption or wilful misuse of power or wilful misuse
of discretion by public servants or commission of a criminal offence;
(d) the procedure to inquire or cause to inquire into such
disclosure and to provide adequate safeguards against victimisation of
the whistler-blower, that is the person making such disclosure;
(e) safeguards against victimisation of the person reporting
matters regarding the corruption by a public servant;

(f) punishment for revealing the identity of a complainant,
negligently or malafidely;
(g) punishment for false or frivolous complaints.

The details of the contents of the Bill will be available on the DOPT
website shortly (www.persmin.nic.in).

Background of this legislation:

Corruption is a social evil and one of the impediments
felt in eliminating corruption in the Government and the public sector
undertakings is lack of adequate protection to the complainants
reporting the corruption or wilful misuse of power or wilful misuse of
discretion which causes demonstrable loss to the Government or
commission of a criminal offence by a public servant.
The Law Commission of India had in its 179th Report, inter-alia, had
recommended formulation of a specific legislation to encourage
disclosure of information regarding corruption or mal-administration
by public servants and to provide protection to such complainants.
The Second Administrative Reforms Commission in its 4th Report on
“Ethics in Governance” also recommended formulation of a legislation
for providing protection to whistle blowers.
The Government of India had issued a Resolution No. 89, dated the 21st
April, 2004 authorising the Central Vigilance Commission as the
designated agency to receive written complaints from whistle-blowers.
The said Resolution also, inter alia, provides for the protection to
the whistle-blowers from harassment, and keeping the identity of
whistle blowers concealed. It has been felt that the persons who
report the corruption or wilful misuse of power or wilful misuse of
discretion which causes demonstrable loss to the Government or
commission of a criminal offence by a public servant need statutory
protection as protection given to them by the said Resolution of the
Government of India would not suffice. It was decided by the
Government to enact a stand alone legislation.
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1 File(s)
DisclosureBill_2010_Eng.pdf

Courtesy to [eGovINDIA] GROUP