'Pregnant woman can't be forced to appear in court'
PTI, Sep 12, 2010, 09.28am IST
NEW DELHI: A woman who is at an advanced stage of pregnancy cannot be forced to appear in a court, a Delhi court has said.
It came to the help of an expectant mother against whom a non-bailable warrant was issued by a lower court for not appearing in a dowry harassment case.
Additional Sessions Judge R K Gauba expressed the court's displeasure over the lower court judge not exempting the six-month pregnant woman from personally appearing in criminal proceedings.
The court also took exception to the lower court putting a condition as -- either accept the charge or appear before it -- on the lawyer representing the woman seeking exemption from appearance.
"The law does not permit the court to put conditions of the kind indicated in the order. The requirement of the law for appearance of the accused is subject to just exceptions which include physical impossibility," ASJ Gauba said.
"This requirement (of appearance) cannot be used to arm-twist the accused or her counsel to accept the charge. I find the language used to be rather loose," the court said.
Granting relief to 25-year-old Meenakshi, who is facing charges in a dowry case, the ASJ set aside the lower court's order and exempted her from personal appearance in the case.
During the proceedings in the lower court, the woman sought its permission for non-appearance as she was at the advanced stage of pregnancy.
But the lower court issued non-bailable warrant against her. She filed a revision petition before the sessions court challenging the order to issue NBW against her.
"If it was confirmed by proper documents in support, as has been done through the documents in the revision petition indicating the petitioner to be under ante-natal care since January 13 this year, the exemption deserved to be granted," the court said.
SOURCE:TIMES OF INDIA
IMPORTANT ISSUES/JUDGEMENTS ON LABOUR, HUMAN RIGHTS AND SOCIAL ASPECTS CAN BE ACCESSED IN THIS BLOG-P.ESAKKIMUTHU,CITU ON "LABOUR"
Sunday, September 12, 2010
NHRC intervention helps an employee of Bihar State Seeds Corporation, get his dues
A former employee of the Bihar State Seeds Corporation, Patna, has
received his dues from his employers on intervention from the National
Human Rights Commission. The case relates to one Ram Babu Ravidas who
filed a complaint with the Commission in 2005 alleging that since May
1999 he had not been paid any salary. He had threatened to commit
suicide if the salary was not paid to him and requested for the
Commission's intervention.
Following this, the Commission directed that the complaint be
transmitted to the concerned authority for appropriate action and the
action taken be reported within six weeks. However, despite reminders
the Commission till recently did not receive any report from the
State. As a result, the Commission summoned Secretary, Department of
Agriculture, Bihar to appear before it on June 27, 2008. The
Secretary, Agriculture Department, Bihar, Shri C.K. Anil appeared
before the Commission today and submitted a report. He apologized for
the delay in submission of report and the inconvenience caused to the
Commission. The report submitted said that the affected, Ram Babu
Ravidas had been issued a Cheque worth Rs 1,08,401/- last month and a
letter had been sent to him in this regard.
The Commission observed as the necessary Cheque towards dues of the
complainant had been issued and sent to him, no further action was
called for and the case was now closed.
Saturday, September 11, 2010
Mrs. Binapani, a victim of medical negligence, finally gets five lakh rupees as monetary relief on NHRC's recommendation
Mrs. Binapani, a victim of medical negligence, finally gets five lakh
rupees as monetary relief on NHRC's recommendation
The Government of Orissa has complied with the NHRC's recommendations
and paid a monetary relief of five lakh rupees to Mrs. Binapani Khatua
of Orissa, a victim of medical negligence due to which she suffered
severe pain for four years and now cannot bear children. The
Commission, on the basis of the material evidence provided by the
State Government also recorded in its proceeding on 24th August, 2009
that the departmental action against the two erring doctors is in the
process of being finalized.
The NHRC took up the matter on 15th June, 2007 on a complaint filed by
the Mr. B.K. Dash, Director, Collective Initiation for Social
Solidarity (CISS) on 4th June, 2007. The complainant had alleged that
Mrs. Binapani Khatua w/o Mr. Pratap Khatua of Radharamur Village under
Athagarh Police limit in the District of Cuttack (Orissa) was admitted
in Athagarh Hospital on 15th June, 2003 in connection with the
delivery of her first issue. She had to be operated upon for the safe
delivery of her male child. But four days later he died. Post surgery,
Mrs Binapani complained of severe pain in her abdomen and consulted
several doctors, in government and private hospitals. But without
bothering for proper medical investigations to ascertain the real
cause of continued pain to the patient, they simply prescribed her
some medicines.
Finally, after about four years, she got relief from her ordeal but
not without two more surgeries; one leading to a futile exercise of
imputing her uterus meaning that she could no more bear children and
the other, in effect leading to the remedy by removal of a surgical
scissor which an X-ray showed was lodged in her belly . The couple
spent a lot of money on the treatment leading them to a stage of
bankruptcy. The Complainant prayed for an inquiry in the matter,
justice to the victim and action against the surgeon.
On the basis of the enquiry reports provided by the state government
during the course of subsequent proceedings in the matter, the
Commission found that Mrs. Binapani is a victim carelessness of the
doctors who operated upon her for the first time during the course of
her first delivery and left a surgical scissor inside her belly. On
18th December, 2008, it recommended that the State Government pay five
lakh rupees as monetary relief to the victim. The Commission also
called for the status of departmental proceedings drawn up against the
two erring doctors in the matter.
However, it was only after sustained efforts of the Commission that
finally the state government paid monetary relief to the victim and
agreed to draw up disciplinary proceedings against the two Doctors,
namely, Dr. Sarojini Sarangi, Professor, OSG and Dr. Kirtirekha
Mohapatra, Assistant Professor, OSG, SCB Medical College & Hospital,
Cuttack found guilty of medical negligence in an enquiry for alleged
lapses.
*****
please do read and forward it to all
From: ramesh venkatraman <indrameshuiic@gmail.com>
Date: 7 September 2010 22:51 Subject: please do read and forward it to all To: balaagic@gmail.com, gcsekaran.nia@gmail.com, ganesh.subbi@gmail.com, RAJA SEKARAN <rajarul.2006@gmail.com>, Ramanarayanan R <rrnuiic@gmail.com>
V.RAMESH -- V.RAMESH |
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Friday, September 3, 2010
senior officials in future would not be totally oblivious of the problems of the humble and modest employees
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 1429-1430 OF 2010
(Arising out of SLP (C) Nos.6975-6976/2009)
Angad Das .. Appellant
VERSUS
Union of India & Ors. .. Respondents
JUDGMENT
Dalveer Bhandari, J.
1. People in power and authority should not easily lose equanimity, composure and appreciation for the problems ofthe lesser mortals. They are always expected to rememberthat power and authority must be judiciously exercised according to the laws and human compassion. Arrogance and vanity have no place in discharge of their official functions and duties.
2. Delay condoned. Leave granted.
3. Heard the learned Additional Solicitor General and the learned counsel for the appellant at length. Brief facts necessary to dispose of these appeals are recapitulated as under:-
4. The appellant was recruited as a Constable in the Central Reserve Police Force, Balia Police Line in the State of U.P. in the year 1969. He was promoted to the post of Lance Naik,
then as Naik and thereafter to the post of Head Constable.When the appellant was posted as a Head Constable at Jammu and Kashmir, he was served a show cause notice dated 11.4.1995 by the Commandant 51 BN, C.R.P.F.(respondent no.4) alleging that the date of birth as given by him at the time of joining the service was found false. An enquiry was conducted and thereafter the appellant was compulsorily retired from the service by way of punishment byan order dated 14th June, 1996 by respondent no.4. The said order reads as under:-
"After careful thought and keeping in view of his long service career, a family to support and considering natural justice, I hereby impose the punishment of `COMPULSORY RETIREMENT FROM SERVICE WITH FULL PENSIONARY BENEFITS AND GRATUITY' on
No.690298321 HC Angad Dass w.e.f. 31/5/96AN, in pursuance of the authority vested in meunder Section 11(1) of CRPF Act, 1949 read with table below Rule 27 of CRPF Rule 1955."
5. The appellant had sent a very polite letter of request to the Additional District Inspector General, Police (for short,DIG) praying that his request for re-employment be kindly considered because he has enormous responsibility of educating and marrying five daughters. The prayer was made with folded hands and touching his feet. The letter reflected pinnacle of humility. The relevant portion of request letter reads as under:-
"I am burdened with the education and marriages of five daughters and I am the only
earning hand and according to the hereditaryrecord of Gram Panchayat my date of birth is
8.7.47. I had received that record under the order of BDO. I am also having certificate from
the Gram Pradhan. I, therefore, with folded hands and touching the feet praying that I may
be allowed to complete the service and I may be awarded any other punishment otherwise,
seven people will be uprooted and will resort to beggary and will fall on the wrong path for
earning their bread."
6. Respondent No.4 would have been fully justified in either accepting or declining the appellant's request for re-employment, but astonishingly, on 8th October, 1996 the
request letter of the appellant for re-employment was treated as an appeal by the DIG Police, CRPF, Avadi, Madras and the punishment of "compulsory retirement" as awarded by the Commandant, 51 BN, CRPF, was enhanced to that of "removal from service" w.e.f. 31.5.1996. No provision of law permits him to treat a letter of request for re-employment as an appeal.The DIG (Police) has no power or authority to enhance the sentence of the appellant. We fail to comprehend how such an innocuous and polite letter of request seeking re-employment on compassionate ground can ever receive such
an unwarranted and arrogant reaction. The order is wholly arbitrary and illegal.
7. The appellant aggrieved by the said order filed a revision petition before the Special Director General, C.R.P.F.,Hyderabad who unfortunately passed the following order on
2nd August, 1997. The relevant part of the order reads asunder:-
"HC Angad Das of 51 BN CRPF is hereby removed from service with effect from the date
of issue of this order. The intervening period between 31-5-96 (AN) to the date of this orderwill be treated as `Dies Non' for all purposes."
8. We are astonished as to how a simple letter of request for re-employment has been treated as an appeal by the D.I.G.Police, CRPF, and in exercise of his power under Rule 28 of the CRPF Rules, 1955, the punishment of "compulsory retirement"from service has been enhanced to "removal from service"w.e.f. 31.5.1996. The mere letter for re-employment could not have been treated as an appeal under Rule 28 of the CRPF Rules, 1955. The D.I.G. Police, CRPF, was totally unjustified in enhancing the punishment from "compulsory retirement" to"removal from service". The order was legally untenable. The Special Director General has also seriously erred in upholding the order dated 8th October, 1996 passed by the D.I.G. Police,CRPF.
9. In the peculiar facts and circumstances of this case, we are constrained to set aside the orders dated 8th October, 1996and 2nd August, 1997. Consequently, the order dated
21.5.1996 passed by the Commandant, 51 BN, CRPF as amended by order dated 14.6.1996 of compulsory retirement is restored. The appellant would be entitled to all the benefits
which flow from the said order.
10. The appellant and his family have suffered tremendous mental agony and harassment caused to them on account of totally arbitrary orders mentioned above.
11. We also direct that the appellant be paid all the pensionary benefits which have become due and payable to him, with interest at the rate of 9% per annum, within two
months from the date of communication of this order.
12. Consequently, these appeals are allowed. RespondentNo.1, Union of India is directed to pay costs of Rs.50,000/- to the appellant within two months.
13. We hope and trust that senior officials in future would not be totally oblivious of the problems of the humble and modest employees and pass similar orders.
..............................J.
(Dalveer Bhandari)
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 1429-1430 OF 2010
(Arising out of SLP (C) Nos.6975-6976/2009)
Angad Das .. Appellant
VERSUS
Union of India & Ors. .. Respondents
JUDGMENT
Dalveer Bhandari, J.
1. People in power and authority should not easily lose equanimity, composure and appreciation for the problems ofthe lesser mortals. They are always expected to rememberthat power and authority must be judiciously exercised according to the laws and human compassion. Arrogance and vanity have no place in discharge of their official functions and duties.
2. Delay condoned. Leave granted.
3. Heard the learned Additional Solicitor General and the learned counsel for the appellant at length. Brief facts necessary to dispose of these appeals are recapitulated as under:-
4. The appellant was recruited as a Constable in the Central Reserve Police Force, Balia Police Line in the State of U.P. in the year 1969. He was promoted to the post of Lance Naik,
then as Naik and thereafter to the post of Head Constable.When the appellant was posted as a Head Constable at Jammu and Kashmir, he was served a show cause notice dated 11.4.1995 by the Commandant 51 BN, C.R.P.F.(respondent no.4) alleging that the date of birth as given by him at the time of joining the service was found false. An enquiry was conducted and thereafter the appellant was compulsorily retired from the service by way of punishment byan order dated 14th June, 1996 by respondent no.4. The said order reads as under:-
"After careful thought and keeping in view of his long service career, a family to support and considering natural justice, I hereby impose the punishment of `COMPULSORY RETIREMENT FROM SERVICE WITH FULL PENSIONARY BENEFITS AND GRATUITY' on
No.690298321 HC Angad Dass w.e.f. 31/5/96AN, in pursuance of the authority vested in meunder Section 11(1) of CRPF Act, 1949 read with table below Rule 27 of CRPF Rule 1955."
5. The appellant had sent a very polite letter of request to the Additional District Inspector General, Police (for short,DIG) praying that his request for re-employment be kindly considered because he has enormous responsibility of educating and marrying five daughters. The prayer was made with folded hands and touching his feet. The letter reflected pinnacle of humility. The relevant portion of request letter reads as under:-
"I am burdened with the education and marriages of five daughters and I am the only
earning hand and according to the hereditaryrecord of Gram Panchayat my date of birth is
8.7.47. I had received that record under the order of BDO. I am also having certificate from
the Gram Pradhan. I, therefore, with folded hands and touching the feet praying that I may
be allowed to complete the service and I may be awarded any other punishment otherwise,
seven people will be uprooted and will resort to beggary and will fall on the wrong path for
earning their bread."
6. Respondent No.4 would have been fully justified in either accepting or declining the appellant's request for re-employment, but astonishingly, on 8th October, 1996 the
request letter of the appellant for re-employment was treated as an appeal by the DIG Police, CRPF, Avadi, Madras and the punishment of "compulsory retirement" as awarded by the Commandant, 51 BN, CRPF, was enhanced to that of "removal from service" w.e.f. 31.5.1996. No provision of law permits him to treat a letter of request for re-employment as an appeal.The DIG (Police) has no power or authority to enhance the sentence of the appellant. We fail to comprehend how such an innocuous and polite letter of request seeking re-employment on compassionate ground can ever receive such
an unwarranted and arrogant reaction. The order is wholly arbitrary and illegal.
7. The appellant aggrieved by the said order filed a revision petition before the Special Director General, C.R.P.F.,Hyderabad who unfortunately passed the following order on
2nd August, 1997. The relevant part of the order reads asunder:-
"HC Angad Das of 51 BN CRPF is hereby removed from service with effect from the date
of issue of this order. The intervening period between 31-5-96 (AN) to the date of this orderwill be treated as `Dies Non' for all purposes."
8. We are astonished as to how a simple letter of request for re-employment has been treated as an appeal by the D.I.G.Police, CRPF, and in exercise of his power under Rule 28 of the CRPF Rules, 1955, the punishment of "compulsory retirement"from service has been enhanced to "removal from service"w.e.f. 31.5.1996. The mere letter for re-employment could not have been treated as an appeal under Rule 28 of the CRPF Rules, 1955. The D.I.G. Police, CRPF, was totally unjustified in enhancing the punishment from "compulsory retirement" to"removal from service". The order was legally untenable. The Special Director General has also seriously erred in upholding the order dated 8th October, 1996 passed by the D.I.G. Police,CRPF.
9. In the peculiar facts and circumstances of this case, we are constrained to set aside the orders dated 8th October, 1996and 2nd August, 1997. Consequently, the order dated
21.5.1996 passed by the Commandant, 51 BN, CRPF as amended by order dated 14.6.1996 of compulsory retirement is restored. The appellant would be entitled to all the benefits
which flow from the said order.
10. The appellant and his family have suffered tremendous mental agony and harassment caused to them on account of totally arbitrary orders mentioned above.
11. We also direct that the appellant be paid all the pensionary benefits which have become due and payable to him, with interest at the rate of 9% per annum, within two
months from the date of communication of this order.
12. Consequently, these appeals are allowed. RespondentNo.1, Union of India is directed to pay costs of Rs.50,000/- to the appellant within two months.
13. We hope and trust that senior officials in future would not be totally oblivious of the problems of the humble and modest employees and pass similar orders.
..............................J.
(Dalveer Bhandari)
Wednesday, September 1, 2010
PUBLIC INTEREST LITIGATION
PUBLIC INTEREST LITIGATION
By : Vishnu on 01 September 2010 Print this
INTRODUCTION
"Public interest Litigation", in simple words, means, litigation filed
in a court of law, for the protection of "Public Interest", such as
pollution, Terrorism, Road safety, constructional hazards etc.
PUBLIC INTEREST LITIGATION is not defined in any statute or in any
act. It has been interpreted by judges to consider the intent of
public at large. Although, the main and only focus of such litigation
is only "Public Interest" there are various areas where a PUBLIC
INTEREST LITIGATION can be filed.
Public Interest Litigation, in Indian law, means litigation for the
protection of public interest. It is litigation introduced in a court
of law, not by the aggrieved party but by the court itself or by any
other private party. It is not necessary, for the exercise of the
court's jurisdiction, that the person who is the victim of the
violation of his or her right should personally approach the court.
Public Interest Litigation is the power given to the public by courts
through judicial activism.
Such cases may occur when the victim does not have the necessary
resources to commence litigation or his freedom to move court has been
suppressed or encroached upon. The court can itself take cognizance of
the matter and precede suo motu or cases can commence on the petition
of any public-spirited individual.
WHAT IS PUBLIC INTEREST LITIGATION
IN BLACK'S LAW DICTIONARY : "Public Interest Litigation means a legal
action initiated in a court of law for the enforcement of public
interest or general interest in which the public or class of the
community have pecuniary interest or some interest by which their
legal rights or liabilities are affected."
Public Interest Litigation's explicit purpose is to alienate the
suffering off all those who have borne the brunt of insensitive
treatment at the hands of fellow human being. Transparency in public
life & fair judicial action are the right answer to check increasing
menace of violation of legal rights. Traditional rule was that the
right to move the Supreme Court is only available to those whose
fundamental rights are infringed.
But this traditional rule was considerably relaxed by the Supreme
Court in its recent rulings:
Peoples Union for Democratic Rights v. Union of India (A.I.R.. 1982, S
C 1473). The court now permits Public Interest Litigation or Social
Interest Litigation at the instance of “Public spirited citizens" for
the enforcement of constitutional & legal rights of any person or
group of persons who because of their socially or economically
disadvantaged position are unable to approach court for relief. Public
interest litigation is a part of the process of participate justice
and standing in civil litigation of that pattern must have liberal
reception at the judicial door steps.
In the Judges Transfer Case - AIR 1982, SC 149: Court held Public
Interest Litigation can be filed by any member of public having
sufficient interest for public injury arising from violation of legal
rights so as to get judicial redress. This is absolutely necessary for
maintaining Rule of law and accelerating the balance between law and
justice.
It is a settled law that when a person approaches the court of equity
in exercise of extraordinary jurisdiction, he should approach the
court not only with clean hands but with clean mind, heart and with
clean objectives.
Shiram Food & Fertilizer case AIR (1986) 2 SCC 176 SC through Public
Interest Litigation directed the Co. Manufacturing hazardous & lethal
chemical and gases posing danger to life and health of workmen & to
take all necessary safety measures before re-opening the plant.
In the case of M.C Mehta V. Union of India (1988) 1 SCC 471 - In
Public Interest Litigation brought against Ganga water pollution so as
to prevent any further pollution of Ganga water. Supreme court held
that petitioner although not a riparian owner is entitled to move the
court for the enforcement of statutory provisions, as he is the person
interested in protecting the lives of the people who make use of Ganga
water.
Parmanand Katara V. Union of India - AIR 1989, SC 2039 :- Supreme
Court held in the Public Interest Litigation filed by a human right
activist fighting for general public interest that it is a paramount
obligation of every member of medical profession to give medical aid
to every injured citizen as soon as possible without waiting for any
procedural formalities.
Council For Environment Legal Action V. Union Of India - (1996)5 SCC
281: Public Interest Litigation filed by registered voluntary
organisation regarding economic degradation in coastal area. Supreme
Court issued appropriate orders and directions for enforcing the laws
to protect ecology.
A report entitled "Treat Prisoners Equally HC" published in THE
TRIBUNE, Aug 23 Punjab & Haryana High Court quashed the provisions of
jail manual dividing prisoners into A , B & C classes after holding
that there cannot be any classification of convicts on the basis of
their social status, education or habit of living .This is a
remarkable ruling given by High Court by declaring 576-A paragraph of
the manual to be " Unconstitutional".
State V. Union Of India - AIR 1996 Cal 181 at 218: Public Interest
Litigation is a strategic arm of the legal aid movement which intended
to bring justice. Rule of Law does not mean that the Protection of the
law must be available only to a fortunate few or that the law should
be allowed to be abused and misused by the vested interest. In a
recent ruling of Supreme Court on " GROWTH OF SLUMS" in Delhi through
Public Interest Litigation initiated by lawyers Mr. B.L. Wadhera & Mr.
Almitra Patel Court held that large area of public land is covered by
the people living in slum area . Departments despite being giving a
dig on the slum clearance, it has been found that more and more slums
are coming into existence. Instead of "Slum Clearance", there is "Slum
Creation" in Delhi. As slums tended to increase; the Court directed
the departments to take appropriate action to check the growth of
slums and to create an environment worth for living.
During the last few years, Judicial Activism has opened up a new
dimension for the judicial process and has given a new hope to the
millions who starve for their livelihood. There is no reason why the
Court should not adopt activist approach similar to Court in America,
so as to provide remedial amplitude to the citizens of India.
Supreme Court has now realised its proper role in welfare state and it
is using its new strategy for the development of a whole new corpus of
law for effective and purposeful implementation of Public Interest
Litigation. One can simply approach to the Court for the enforcement
of fundamental rights by writing a letter or post card to any Judge.
That particular letters based on true facts and concept will be
converted to writ petition. When Court welcome Public Interest
Litigation, its attempt is to endure observance of social and economic
programs frame for the benefits of have-nots and the handicapped.
Public Interest Litigation has proved a boon for the common men.
Public Interest Litigation has set right a number of wrongs committed
by an individual or by society. By relaxing the scope of Public
Interest Litigation, Court has brought legal aid at the doorsteps of
the teeming millions of Indians; which the executive has not been able
to do despite a lot of money is being spent on new legal aid schemes
operating at the central and state level. Supreme Court's pivotal role
in expanding the scope of Public Interest Litigation as a counter
balance to the lethargy and inefficiency of the executive is
commendable.
ORIGIN OF PIL
The term "PIL" originated in the United Statesin the mid-1980s. Since
the nineteenth century, various movements in that country had
contributed to public interest law, which was part of the legal aid
movement. The first legal aid office was established in New York in
1876. In the 1960s the PIL movement began to receive financial support
from the office of Economic Opportunity, This encouraged lawyers and
public spirited persons to take up cases of the under-privileged and
fight against dangers to environment and public health and
exploitation of consumers and the weaker sections.
HISTORY OF PIL IN INDIA
PIL had begun in India towards the end of 1970s and came into full
bloom in the 80s. Justice V.R. Krishna Iyer and Justice PM. Bhagwati,
honourable Judges of the Supreme Court of India. They delivered some
landmark judgements which opened up new vistas in PIL.
OBJECTIVES OF PIL
According to Justice V.R. Krishna Iyer, PIL is a process, of obtaining
justice for the people, of voicing people's grievances through the
legal process. The aim of PIL
is to give to the common people of this country access to the courts
to obtain legal redress.
NATURE OF PIL
According to Justice Bhagwati "PIL is not in the nature of adversary
litigation but it is a challenge and an opportunity to the Government
and its officers to make basic human rights meaningful to the deprived
and vulnerable sections of the community and to assure them social and
economic justice which is the significant tune of our Constitution.
The government and its officers must welcome PIL because it would
provide them an accession to examine whether the poor and the
downtrodden are getting their social and entitlements or whether they
are continuing to remain victims of deception and exploitation at the
hands of strong and powerful sections of the community... when the
court entertains PIL, it does not do so in a cavilling spirit or in a
confrontational mood or with a view to tilting at executive authority
or seeking to usurp it, but its attempt is only to ensure observance
of social and economic rescue programmes, legislative as well as
executive, framed for the benefit of the have-nots and the handicapped
and to protect them against violation of their basic human rights,
which is also the constitutional obligation of the executive. The
court is thus merely assisting in the realization of the
constitutional objective," (AIR 1984 SC 802)
CONSTITUTIONAL BACKING
The new and liberal interpretation of the fundamental rights found in
Part III and the Directive Principles of State Policy in Part IV of
the Constitution of India. They are drawn from the revolutionary
documents like the American Bill of Rights and the Universal
Declaration of Human Rights.
Articles 32 and 228 of the Constitution that give power to any citizen
to move the
Supreme Court or High Courts wherever there is an infringement of a
fundamental right?
.
ISSUES RELATED TO PIL
Issues relating to the following matters can be taken in to PIL
1. Basic amenities such as roads, water, medicines, electricity,
primary school, primary health centre, bus service, etc,
2. Rehabilitation of displaced persons.
3. Identification and rehabilitation of bonded and child labourers.
4. Illegal detention of arrested persons.
5. Torture of persons in police custody.
6, Custodial deaths.
7, Protection of prisoner's rights.
8. Jail reform.
9. Speedy trials of under trials.
10. Ragging in colleges.
11. Atrocities by police.
12. Atrocities against SCs/STs.
13. Neglect of inmates of government welfare homes,
14. Children in custody.
15. Adoption of children.
18, Corruption charges against public servants.
17. Maintenance of law and order,
18. Payment of minimum wages.
10. Legal aid to the poor.
20. Starvation deaths.
21. Indecent television programmes.
22. Prohibition.
23. Environmental pollution.
24. Unauthorised eviction,
25. Protection of pavement and slum dwellers.
28. Dowry deaths.
27. Implementation of welfare laws.
28. Reform of illegal social customs such as sati, child marriage,
devdasi system, etc.
29. Violation of fundamental rights of the weaker sections.
A PIL CAN BE FILED WHEN THE FOLLOWING CONDITIONS ARE FULFILLED:
o There must be a public injury and public wrong caused by the
wrongful act or omission of the state or public authority.
o It is for the enforcement of basic human rights of weaker
sections of the community who are downtrodden, ignorant and whose
fundamental and constitutional rights have been infringed.
o It must not be frivolous litigation by persons having vested
interests.
WHO MAY FILE A PIL?
The Supreme Court (SC), through its successive judgements has relaxed
the strict rule of 'locus standi' applicable to private litigation.
ANY PERSON CAN FILE A PIL PROVIDED:
He is a member of the public acting bona fide and having sufficient
interest in instituting an action for redressal of public wrong or
public injury.
He is not a mere busy body or a meddlesome interloper.
His action is not motivated by personal gain or any other oblique
consideration.
HOW TO FILE A PIL:
A PIL may be filed like a write petition. However, in the past the SC
has treated even letters addressed to the court as PIL. In People’s
Democratic union v Union of India, a letter addressed by the
petitioner organization seeking a direction against the respondents
for ensuring observance of the provisions of famous labour laws in
relation to workmen employed in the construction work of projects
connected with the Asian games was entertained as a PIL.
The SC has encouraged the filing of PIL for tackling issues related to
environment, human rights etc.
DIFFERENT WAYS TO FILE A PIL
The different ways PIL can be filed in the Supreme Court and High
Courts are;
1. Sending letter petitions with relevant facts and documents to
the Chief Justice of the concerned court. The matter must be sent by
registered post.
2. By directly filing the PIL in the court through the Free Legal
Service Committee of the court.
3. Directly filing the case with the help of any PIL lawyer.
4. Filing the case through NGOs or PIL firms.
POINTS TO BE FOLLOWED WHEN FILING PIL
1. Discuss the legal issue with the affected people thoroughly.
2. Find out whether the matter infringes on the fundamental rights of
the people or not. It is also important to specify which fundamental
rights have been violated.
3. Help the people to decide whether legal action must be taken in the
court to enforce their rights or to prevent the violation of their
rights.
4. Write out a petition with all the facts and details, dates, etc,
5. Specify in the petition the type of relief wanted by the people.
8. Get the signatures of all the affected people, if possible.
7, Collect all the available documents, paper clippings, photographs,
investigation reports, certificates and affidavits related to the
issue and attach them to the main petition as annexure.
8. If possible, consult a socially conscious lawyer or the members of
the local legal aid society before sending the petition.
9, Send the registered petition to the Chairman of the High Court
Legal Services Committee of the respective High Court or to the
Chairman of the Supreme Court Legal Services Committee, New Delhi-110
001.
MERITS OF PIL
ü The character of the Indian Constitution. Unlike Britain, India has
a written constitution which through Part III (Fundamental Rights) and
Part IV (Directive Principles of State Policy) provides a framework
for regulating relations between the state and its citizens and
between citizens inter-se.
ü India has some of the most progressive social legislation to be
found anywhere in the world whether it be relating to bonded labor,
minimum wages, land ceiling, environmental protection, etc. This has
made it easier for the courts to haul up the executive when it is not
performing its duties in ensuring the rights of the poor as per the
law of the land.
ü The liberal interpretation of locus standi where any person can
apply to the court on behalf of those who are economically or
physically unable to come before it has helped. Judges themselves have
in some cases initiated suo moto action based on newspaper articles or
letters received.
ü Although social and economic rights given in the Indian
Constitution under Part IV are not legally enforceable; courts have
creatively read these into fundamental rights thereby making them
judicially enforceable. For instance the "right to life" in Article 21
has been expanded to include right to free legal aid, right to live
with dignity, right to education, right to work, freedom from torture,
bar fetters and hand cuffing in prisons, etc.
ü Sensitive judges have constantly innovated on the side of the
poor. for instance, in the Bandhua Mukti Morcha case in 1983, the
Supreme Court put the burden of proof on the respondent stating it
would treat every case of forced labor as a case of bonded labor
unless proven otherwise by the employer. Similarly in the Asiad
workers judgment case, Justice P.N. Bhagwati held that anyone getting
less than the minimum wage can approach the Supreme Court directly
without going through the labor commissioner and lower courts.
ü In PIL cases where the petitioner is not in a position to provide
all the necessary evidence, either because it is voluminous or because
the parties are weak socially or economically, courts have appointed
commissions to collect information on facts and present it before the
bench.
CONCLUSION
PIL represents the first attempt by a developing common law country to
break away from legal imperialism perpetuated for centuries. It
contests the assumption that the most western the law, the better it
must work for economic and social development such law produced in
developing states, including India, was the development of under
develop men. The shift from legal centralism to legal pluralism was
prompted by the disillusionment with formal legal system. In India,
however instead of seeking to evolve justice- dispensing mechanism
ousted the formal legal system itself through PIL. The change as we
have seen, are both substantial and structural. It has radically
altered the traditional judicial role so as to enable the court to
bring justice within the reach of the common man. Further, it is
humbly submitted that PIL is still is in experimental stage. Many
deficiencies in handling the kind of litigation are likely to come on
the front. But these deficiencies can be removed by innovating better
techniques. In essence, the PIL develops a new jurisprudence of the
accountability of the state for constitutional and legal violations
adversely affecting the interests of the weaker elements in the
community. We may end with the hope once expressed by Justice Krishna
Iyer, “The judicial activism gets its highest bonus when its orders
wipe some tears from some eyes”.
BIBLIOGRAPHY
1. http://www.sit.edu/
2. http://www.sscnet.ucla.edu/
3. http://www.supremecourtonline.com/
4. Ahuja - People, Law and Justice: Casebook on Public Interest
Litigation, Orient Blackswan, 1997.
5. V.N Shukla - Constitution of India, Eastern Book Company.
6. Madhusudan Saharay - Public interest litigation and human
rights in India, Premier Pub. Co., 2000
Source : ,LAWYERS CLUB OF INDIA
By : Vishnu on 01 September 2010 Print this
INTRODUCTION
"Public interest Litigation", in simple words, means, litigation filed
in a court of law, for the protection of "Public Interest", such as
pollution, Terrorism, Road safety, constructional hazards etc.
PUBLIC INTEREST LITIGATION is not defined in any statute or in any
act. It has been interpreted by judges to consider the intent of
public at large. Although, the main and only focus of such litigation
is only "Public Interest" there are various areas where a PUBLIC
INTEREST LITIGATION can be filed.
Public Interest Litigation, in Indian law, means litigation for the
protection of public interest. It is litigation introduced in a court
of law, not by the aggrieved party but by the court itself or by any
other private party. It is not necessary, for the exercise of the
court's jurisdiction, that the person who is the victim of the
violation of his or her right should personally approach the court.
Public Interest Litigation is the power given to the public by courts
through judicial activism.
Such cases may occur when the victim does not have the necessary
resources to commence litigation or his freedom to move court has been
suppressed or encroached upon. The court can itself take cognizance of
the matter and precede suo motu or cases can commence on the petition
of any public-spirited individual.
WHAT IS PUBLIC INTEREST LITIGATION
IN BLACK'S LAW DICTIONARY : "Public Interest Litigation means a legal
action initiated in a court of law for the enforcement of public
interest or general interest in which the public or class of the
community have pecuniary interest or some interest by which their
legal rights or liabilities are affected."
Public Interest Litigation's explicit purpose is to alienate the
suffering off all those who have borne the brunt of insensitive
treatment at the hands of fellow human being. Transparency in public
life & fair judicial action are the right answer to check increasing
menace of violation of legal rights. Traditional rule was that the
right to move the Supreme Court is only available to those whose
fundamental rights are infringed.
But this traditional rule was considerably relaxed by the Supreme
Court in its recent rulings:
Peoples Union for Democratic Rights v. Union of India (A.I.R.. 1982, S
C 1473). The court now permits Public Interest Litigation or Social
Interest Litigation at the instance of “Public spirited citizens" for
the enforcement of constitutional & legal rights of any person or
group of persons who because of their socially or economically
disadvantaged position are unable to approach court for relief. Public
interest litigation is a part of the process of participate justice
and standing in civil litigation of that pattern must have liberal
reception at the judicial door steps.
In the Judges Transfer Case - AIR 1982, SC 149: Court held Public
Interest Litigation can be filed by any member of public having
sufficient interest for public injury arising from violation of legal
rights so as to get judicial redress. This is absolutely necessary for
maintaining Rule of law and accelerating the balance between law and
justice.
It is a settled law that when a person approaches the court of equity
in exercise of extraordinary jurisdiction, he should approach the
court not only with clean hands but with clean mind, heart and with
clean objectives.
Shiram Food & Fertilizer case AIR (1986) 2 SCC 176 SC through Public
Interest Litigation directed the Co. Manufacturing hazardous & lethal
chemical and gases posing danger to life and health of workmen & to
take all necessary safety measures before re-opening the plant.
In the case of M.C Mehta V. Union of India (1988) 1 SCC 471 - In
Public Interest Litigation brought against Ganga water pollution so as
to prevent any further pollution of Ganga water. Supreme court held
that petitioner although not a riparian owner is entitled to move the
court for the enforcement of statutory provisions, as he is the person
interested in protecting the lives of the people who make use of Ganga
water.
Parmanand Katara V. Union of India - AIR 1989, SC 2039 :- Supreme
Court held in the Public Interest Litigation filed by a human right
activist fighting for general public interest that it is a paramount
obligation of every member of medical profession to give medical aid
to every injured citizen as soon as possible without waiting for any
procedural formalities.
Council For Environment Legal Action V. Union Of India - (1996)5 SCC
281: Public Interest Litigation filed by registered voluntary
organisation regarding economic degradation in coastal area. Supreme
Court issued appropriate orders and directions for enforcing the laws
to protect ecology.
A report entitled "Treat Prisoners Equally HC" published in THE
TRIBUNE, Aug 23 Punjab & Haryana High Court quashed the provisions of
jail manual dividing prisoners into A , B & C classes after holding
that there cannot be any classification of convicts on the basis of
their social status, education or habit of living .This is a
remarkable ruling given by High Court by declaring 576-A paragraph of
the manual to be " Unconstitutional".
State V. Union Of India - AIR 1996 Cal 181 at 218: Public Interest
Litigation is a strategic arm of the legal aid movement which intended
to bring justice. Rule of Law does not mean that the Protection of the
law must be available only to a fortunate few or that the law should
be allowed to be abused and misused by the vested interest. In a
recent ruling of Supreme Court on " GROWTH OF SLUMS" in Delhi through
Public Interest Litigation initiated by lawyers Mr. B.L. Wadhera & Mr.
Almitra Patel Court held that large area of public land is covered by
the people living in slum area . Departments despite being giving a
dig on the slum clearance, it has been found that more and more slums
are coming into existence. Instead of "Slum Clearance", there is "Slum
Creation" in Delhi. As slums tended to increase; the Court directed
the departments to take appropriate action to check the growth of
slums and to create an environment worth for living.
During the last few years, Judicial Activism has opened up a new
dimension for the judicial process and has given a new hope to the
millions who starve for their livelihood. There is no reason why the
Court should not adopt activist approach similar to Court in America,
so as to provide remedial amplitude to the citizens of India.
Supreme Court has now realised its proper role in welfare state and it
is using its new strategy for the development of a whole new corpus of
law for effective and purposeful implementation of Public Interest
Litigation. One can simply approach to the Court for the enforcement
of fundamental rights by writing a letter or post card to any Judge.
That particular letters based on true facts and concept will be
converted to writ petition. When Court welcome Public Interest
Litigation, its attempt is to endure observance of social and economic
programs frame for the benefits of have-nots and the handicapped.
Public Interest Litigation has proved a boon for the common men.
Public Interest Litigation has set right a number of wrongs committed
by an individual or by society. By relaxing the scope of Public
Interest Litigation, Court has brought legal aid at the doorsteps of
the teeming millions of Indians; which the executive has not been able
to do despite a lot of money is being spent on new legal aid schemes
operating at the central and state level. Supreme Court's pivotal role
in expanding the scope of Public Interest Litigation as a counter
balance to the lethargy and inefficiency of the executive is
commendable.
ORIGIN OF PIL
The term "PIL" originated in the United Statesin the mid-1980s. Since
the nineteenth century, various movements in that country had
contributed to public interest law, which was part of the legal aid
movement. The first legal aid office was established in New York in
1876. In the 1960s the PIL movement began to receive financial support
from the office of Economic Opportunity, This encouraged lawyers and
public spirited persons to take up cases of the under-privileged and
fight against dangers to environment and public health and
exploitation of consumers and the weaker sections.
HISTORY OF PIL IN INDIA
PIL had begun in India towards the end of 1970s and came into full
bloom in the 80s. Justice V.R. Krishna Iyer and Justice PM. Bhagwati,
honourable Judges of the Supreme Court of India. They delivered some
landmark judgements which opened up new vistas in PIL.
OBJECTIVES OF PIL
According to Justice V.R. Krishna Iyer, PIL is a process, of obtaining
justice for the people, of voicing people's grievances through the
legal process. The aim of PIL
is to give to the common people of this country access to the courts
to obtain legal redress.
NATURE OF PIL
According to Justice Bhagwati "PIL is not in the nature of adversary
litigation but it is a challenge and an opportunity to the Government
and its officers to make basic human rights meaningful to the deprived
and vulnerable sections of the community and to assure them social and
economic justice which is the significant tune of our Constitution.
The government and its officers must welcome PIL because it would
provide them an accession to examine whether the poor and the
downtrodden are getting their social and entitlements or whether they
are continuing to remain victims of deception and exploitation at the
hands of strong and powerful sections of the community... when the
court entertains PIL, it does not do so in a cavilling spirit or in a
confrontational mood or with a view to tilting at executive authority
or seeking to usurp it, but its attempt is only to ensure observance
of social and economic rescue programmes, legislative as well as
executive, framed for the benefit of the have-nots and the handicapped
and to protect them against violation of their basic human rights,
which is also the constitutional obligation of the executive. The
court is thus merely assisting in the realization of the
constitutional objective," (AIR 1984 SC 802)
CONSTITUTIONAL BACKING
The new and liberal interpretation of the fundamental rights found in
Part III and the Directive Principles of State Policy in Part IV of
the Constitution of India. They are drawn from the revolutionary
documents like the American Bill of Rights and the Universal
Declaration of Human Rights.
Articles 32 and 228 of the Constitution that give power to any citizen
to move the
Supreme Court or High Courts wherever there is an infringement of a
fundamental right?
.
ISSUES RELATED TO PIL
Issues relating to the following matters can be taken in to PIL
1. Basic amenities such as roads, water, medicines, electricity,
primary school, primary health centre, bus service, etc,
2. Rehabilitation of displaced persons.
3. Identification and rehabilitation of bonded and child labourers.
4. Illegal detention of arrested persons.
5. Torture of persons in police custody.
6, Custodial deaths.
7, Protection of prisoner's rights.
8. Jail reform.
9. Speedy trials of under trials.
10. Ragging in colleges.
11. Atrocities by police.
12. Atrocities against SCs/STs.
13. Neglect of inmates of government welfare homes,
14. Children in custody.
15. Adoption of children.
18, Corruption charges against public servants.
17. Maintenance of law and order,
18. Payment of minimum wages.
10. Legal aid to the poor.
20. Starvation deaths.
21. Indecent television programmes.
22. Prohibition.
23. Environmental pollution.
24. Unauthorised eviction,
25. Protection of pavement and slum dwellers.
28. Dowry deaths.
27. Implementation of welfare laws.
28. Reform of illegal social customs such as sati, child marriage,
devdasi system, etc.
29. Violation of fundamental rights of the weaker sections.
A PIL CAN BE FILED WHEN THE FOLLOWING CONDITIONS ARE FULFILLED:
o There must be a public injury and public wrong caused by the
wrongful act or omission of the state or public authority.
o It is for the enforcement of basic human rights of weaker
sections of the community who are downtrodden, ignorant and whose
fundamental and constitutional rights have been infringed.
o It must not be frivolous litigation by persons having vested
interests.
WHO MAY FILE A PIL?
The Supreme Court (SC), through its successive judgements has relaxed
the strict rule of 'locus standi' applicable to private litigation.
ANY PERSON CAN FILE A PIL PROVIDED:
He is a member of the public acting bona fide and having sufficient
interest in instituting an action for redressal of public wrong or
public injury.
He is not a mere busy body or a meddlesome interloper.
His action is not motivated by personal gain or any other oblique
consideration.
HOW TO FILE A PIL:
A PIL may be filed like a write petition. However, in the past the SC
has treated even letters addressed to the court as PIL. In People’s
Democratic union v Union of India, a letter addressed by the
petitioner organization seeking a direction against the respondents
for ensuring observance of the provisions of famous labour laws in
relation to workmen employed in the construction work of projects
connected with the Asian games was entertained as a PIL.
The SC has encouraged the filing of PIL for tackling issues related to
environment, human rights etc.
DIFFERENT WAYS TO FILE A PIL
The different ways PIL can be filed in the Supreme Court and High
Courts are;
1. Sending letter petitions with relevant facts and documents to
the Chief Justice of the concerned court. The matter must be sent by
registered post.
2. By directly filing the PIL in the court through the Free Legal
Service Committee of the court.
3. Directly filing the case with the help of any PIL lawyer.
4. Filing the case through NGOs or PIL firms.
POINTS TO BE FOLLOWED WHEN FILING PIL
1. Discuss the legal issue with the affected people thoroughly.
2. Find out whether the matter infringes on the fundamental rights of
the people or not. It is also important to specify which fundamental
rights have been violated.
3. Help the people to decide whether legal action must be taken in the
court to enforce their rights or to prevent the violation of their
rights.
4. Write out a petition with all the facts and details, dates, etc,
5. Specify in the petition the type of relief wanted by the people.
8. Get the signatures of all the affected people, if possible.
7, Collect all the available documents, paper clippings, photographs,
investigation reports, certificates and affidavits related to the
issue and attach them to the main petition as annexure.
8. If possible, consult a socially conscious lawyer or the members of
the local legal aid society before sending the petition.
9, Send the registered petition to the Chairman of the High Court
Legal Services Committee of the respective High Court or to the
Chairman of the Supreme Court Legal Services Committee, New Delhi-110
001.
MERITS OF PIL
ü The character of the Indian Constitution. Unlike Britain, India has
a written constitution which through Part III (Fundamental Rights) and
Part IV (Directive Principles of State Policy) provides a framework
for regulating relations between the state and its citizens and
between citizens inter-se.
ü India has some of the most progressive social legislation to be
found anywhere in the world whether it be relating to bonded labor,
minimum wages, land ceiling, environmental protection, etc. This has
made it easier for the courts to haul up the executive when it is not
performing its duties in ensuring the rights of the poor as per the
law of the land.
ü The liberal interpretation of locus standi where any person can
apply to the court on behalf of those who are economically or
physically unable to come before it has helped. Judges themselves have
in some cases initiated suo moto action based on newspaper articles or
letters received.
ü Although social and economic rights given in the Indian
Constitution under Part IV are not legally enforceable; courts have
creatively read these into fundamental rights thereby making them
judicially enforceable. For instance the "right to life" in Article 21
has been expanded to include right to free legal aid, right to live
with dignity, right to education, right to work, freedom from torture,
bar fetters and hand cuffing in prisons, etc.
ü Sensitive judges have constantly innovated on the side of the
poor. for instance, in the Bandhua Mukti Morcha case in 1983, the
Supreme Court put the burden of proof on the respondent stating it
would treat every case of forced labor as a case of bonded labor
unless proven otherwise by the employer. Similarly in the Asiad
workers judgment case, Justice P.N. Bhagwati held that anyone getting
less than the minimum wage can approach the Supreme Court directly
without going through the labor commissioner and lower courts.
ü In PIL cases where the petitioner is not in a position to provide
all the necessary evidence, either because it is voluminous or because
the parties are weak socially or economically, courts have appointed
commissions to collect information on facts and present it before the
bench.
CONCLUSION
PIL represents the first attempt by a developing common law country to
break away from legal imperialism perpetuated for centuries. It
contests the assumption that the most western the law, the better it
must work for economic and social development such law produced in
developing states, including India, was the development of under
develop men. The shift from legal centralism to legal pluralism was
prompted by the disillusionment with formal legal system. In India,
however instead of seeking to evolve justice- dispensing mechanism
ousted the formal legal system itself through PIL. The change as we
have seen, are both substantial and structural. It has radically
altered the traditional judicial role so as to enable the court to
bring justice within the reach of the common man. Further, it is
humbly submitted that PIL is still is in experimental stage. Many
deficiencies in handling the kind of litigation are likely to come on
the front. But these deficiencies can be removed by innovating better
techniques. In essence, the PIL develops a new jurisprudence of the
accountability of the state for constitutional and legal violations
adversely affecting the interests of the weaker elements in the
community. We may end with the hope once expressed by Justice Krishna
Iyer, “The judicial activism gets its highest bonus when its orders
wipe some tears from some eyes”.
BIBLIOGRAPHY
1. http://www.sit.edu/
2. http://www.sscnet.ucla.edu/
3. http://www.supremecourtonline.com/
4. Ahuja - People, Law and Justice: Casebook on Public Interest
Litigation, Orient Blackswan, 1997.
5. V.N Shukla - Constitution of India, Eastern Book Company.
6. Madhusudan Saharay - Public interest litigation and human
rights in India, Premier Pub. Co., 2000
Source : ,LAWYERS CLUB OF INDIA
Monday, August 30, 2010
wage of Re 1 for employment under the government's National Rural Employment Guarantee Act (NREGA)
Indian Members of Parliament (MPs) have just had a huge raise in their
salaries. But shockingly, people in Tonk district of Rajasthan are
being paid just one rupee for a whole day's hard labour. And that too
for working under the government's National Rural Employment Guarantee
Act (NREGA). 99 people of Kuruthia Village in Tonk District paid wages
@ Re 11/- per head for 11 days work. The complaint of the villagers
were ignored by the district administration. The Govt.has now ordered
a prob into the matter when the shocking exploitation was brought to light.
The relevant video clippings can be assessed in the following link
http://www.ndtv.com/news/videos/video_player.php?id=160042
salaries. But shockingly, people in Tonk district of Rajasthan are
being paid just one rupee for a whole day's hard labour. And that too
for working under the government's National Rural Employment Guarantee
Act (NREGA). 99 people of Kuruthia Village in Tonk District paid wages
@ Re 11/- per head for 11 days work. The complaint of the villagers
were ignored by the district administration. The Govt.has now ordered
a prob into the matter when the shocking exploitation was brought to light.
The relevant video clippings can be assessed in the following link
http://www.ndtv.com/news/videos/video_player.php?id=160042
Sunday, August 29, 2010
THE PUBLIC INTEREST DISCLOSURE AND PROTECTfON TO PERSONS MAKING THE DISCLOSURES BILL, 2010 ARRANGEMENT OF CLAUSES
Bill No. 97 of 2010
THE PUBLIC INTEREST DISCLOSURE AND PROTECTfON TO
PERSONS MAKING THE DISCLOSURES BILL, 2010
ARRANGEMENT OF CLAUSES
CHAPTER 1
I. Short title,extent and commencement.
2. Definitions.
CHAPTER I1
PUBLIC IKTEREST DISCLOSURE
3. Requirements of public interest disclosure.
CHAPTER 111
INQIN RUELATIIORN TO YPUBL IC INTEREST DISCLOSIIRE
4. Powers and functions of Competent Authority on receipt of public interest disclosure.
5. Maners not to be inquired by Competent Authority.
CHAPTER IV
POWEROSF COMPETENT AUTHORITY
6. Powers of Competent Authority.
7. Certain matters exempt from disclosure.
8. Superintendence of Competent Authority over appropriate machinery.
9. Competent Authority to take assistance of police authorities, etc., in certain cases.
CHAPTER V
PROTECTIOTNO THE PERSONS MAKING DISCLOSURE
10. Safeguards against victimization.
I I. Protection of witnesses and other persons.
12. Protection of identity ofcomplaint.
3 . Power to pass interim orders.
CHAPTER VI
OFFEXES AND PE~ALTIES
14. Penalty for Furnishing incomplete or incorrect or misleading comments or explanation or
report.
15. Penalty for revealin,% identity of complainant.
16. Punishment for false or frivolous disclosure.
7 Punishment to Head of department in certain cases.
18. Offences by companies. .-
19. Appeal to High Court.
20. Barofjurisdiction
21. Court to take cognizance.
CHAPTER vn
MISCELLANEOUS
22. Report on disclosures.
23. Protection o f action taken in pood faith.
24. Pouer ofcentral Government to make rules.
25. Power of State Government to make rules.
26. Powers to make regulations.
27. Notification and rules to be laid before Parliament.
28. Notification issued and rules made by State Government to be laid before State
Legislature.
29. Power to remove difficulties.
30. Repeal and savlngs.
Bill No. 97 of 2010
THE PUBLIC INTEREST DISCLOSURE AND PROTECTION TO
PERSONS MAKING THE DISCLOSURES BILL, 2010
BILL
to esrablrsh a mechanism to receive complaints relating to disclosure on any allegation of
corruption or wilful misuse ofpower or wilful misuse of discretion against any public
servant and to inquire or cause an inquiry into such disclostrre and to provide
adequote safeg~rards against victimization of the person making such complaint and
for matters connected therewith and incidental thereto. 3
BE i t enacted by Parliament in the Sixty-first year ofthe Republicoflndia as follows:-
CHAPTER I
1. ( I ) This Act may be called as the Public Interest Disclosure and Protection to Short title.
5 Persons Making the Disclosures Act, 2010. extent and
commence.
(2) It extends to the whole of India except the State of Jammu and Kashmir. ment.
(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
10 castr-:ed as a referent: !- ?hr corning into Fa:- of that provisicn.
2
2. In this Act, unless the context otherwise requires,-
(a) "Central Vigilance Commission" means the Commission constituted under
sub-section (Io)fs ection 3 ofthe Central Vigilance Commission Act. 2003; 45 of 2003.
(b) "Competent Authority" means in relation to-
(;) any public servant referred to in sub-clause (A) ofclause(r), the Central 5
Vigilance Commission or any other authorityas the Central Government may, by
notification in the Official Gazene, specify in this behalf under this Act;
(it) any public servant referred to in sub-clause (6) of clause (I), the State
Vigilance Commissioner, ifany, or any officer of a State Government or any other
authority as the State Government may, by notification in the official Gazette, 10
specilj 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,-
(1) anattempt to commit or commission ofan offence under the Prevention 15
ofCorruption Act, 1988; 45 of 1988
(1;) wilful misuse of power or wilful misuse of discretion by virtue of
which demonstrable loss is caused to the Government or demonstrable gain
accruesto the pblic servant;
(iii) an-mpt to commit or commission of a criminal offence by a public 2 6
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 3;
: .: .(e).'electronic mail.. or "ekctronic, mail message'. means a message or informa- 25
tioncreated or iranrmined or received on an 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;
V) "Government company" means a company referred to in section 617 ofthe
CompaniesAct. 1956; 3 0 I 01' 1956
(g)"notification" meansa notification published in the Gazette ofIndiaor, 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;
,
(i) "public servant" means any employee of- 3 5
(A) the Central Government or any corporation established by or under
any Central Act, any Government companies, societies or local authorities owned
or controlled by the Central Government and such other categories of employees
as may be notified by the central Government, from time to time, in the
Official Gazette; 40
(B) the State Government or any corporation established by or under any
StateAct,Government companies, Societies or local authorities owned or controlled
by the State Government and such other categories of employees as may
benotified by the State Government, from time to time, in the Official Gazene.
(j).'prescribed means prescribed by rules made by thecentral ~overnmenat nd 45
the State Government, as the case may be. under this Act:
(k) "regulat~ons" means the regulat~onsm ade by the Competent Author~ty
under th~sA ct
CHAPTER ll
PUBLIC INTEREST DISCLOSURE
5 3. (1) Notwithstanding anything contained in the provisions of the Official Secrets Requirements
19 of 1923. Act, 1923, any public servant [other than those referred to in clauses (a) to (&ofarticle :3 of of public
lnferesl
the Constitution] or any other person including any non-governmental organisation, may d,sclosure
make a public interest disclosure before the'competent Authority:
Provided that any public servant, beinga person or member referred to in clause (o)or
10 clause (b) or clause (c) or clause (d) of article 33 ofthe Constitution, may make a public
disclosure if such disclosure does not, directly or indirectly, relate to,--
(a) the members of theAnned Force or any matter relating to Armed Forces; or
(b) the members of the Forces charged with the maintenance of public ordei; or
(c) persons employed in any bureau or other organisation established by the
15 State for purposes o f intelligence or counter intelligence or any matter relating to such
bureau or other organisation;
(d) persons employed in, or in connection with, the telecommunication systems
set up for the purposes of any Force, bureau or organisation referred to inclauses (a)
to (c) or any matter relating to such telecommunication system, bureau or organisation.
2 0 (2) Any disclosure made under this Act shall be treated as public interest disclosure
for the purposes of this Act and shall be made before the Competent Authority.
(3) 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.
25 (4) Every disclosure shall be made in writing or by electronic mail or electronic mail
message in accordance with the procedure a. may be prescribed and contain full particulars
and be accompanied by supporting documents, or other material, if any.
( 5 ) The Competent Authority may, if it deems fit, call for further information or
particulars from the person making the disclosure.
30 (6) No action'shall be taken on public interest disclosure by the CompetentAuthority
if the disclosure does not indicate the identity of the complainant or public servant making
public interest disclosure or the identity of the complainant or public servant is found
incorrect or false.
CHAPTER Ill
35 INQUIR;'IN RELATION TO PllBLlC INTEREST DISCLOSURE
4. (1) Subject to the provisions ofthis Act, the Competent Authority shall, on receipt Powers and
" of a public interest disclosure under section ;,- funclionr of
Competent
(a) ascertain from the complainant or the putilic servant whether he was the Authoflty 011
person or the public servant who made the disclosure or not; rerelpt of
publlr interes,
4 0
(b) conceal the identity of the complainant unless the complainant himself has d'sC1OsU'e
revealed his identity to any other office or authority while making public interest
disclosure or in his complaint or otherwise.
(2) The Competent Authority shall, upon receipt of the complaint and concealing the
identity of the complainant, or the public servant in the first instance, make discreet inquiry,
in such manner as may be prescribed, to ascertain whether there is any basis for proceeding
further to investigate the disclosure.
(3) If the Competent Authority, either as a result of the discreet inquiry, oion the basis 5
ofthe disclosure itselfwithout any inquiry, is oftheopinion that the disclosure requires to be
investigated, it shall seek comments or ekplanation or report from the Head of the Department
of the organisation or authority, board or corporation concerned or ofice concerned
within such t i m & may be specified by it.
(4) While-seeking comments or explanations or report referred to in sub-section (3), 10
the Competent Authority shall not reveal the identity of the complainant or the public servant
and direct the Head of the Department of the organisation concerned or office concerned
not to reveal the identity of thg complainant or public servant:
Provided that if the Competent Authority is of the opinion that it has, for the purpose
of seeking comments or explanation or report from them under sub-section (3) on the public 15
disclosure, become.necessary to reveal the identity of the public servant to the Head of the
Department of the organisation or authority, board or corporation concerned or ofice
concerned, the Competent Authority may reveal the identity of the complainant or public
servant to such Head of the Department of the organisation or authority, board or mrporation
concerned or'offtce concerned for the said purpose. 2 0
(5) The Head of the organisation or office concerned shall not directly or indirectly
reveal the identity of the complainant or public servant who made the disclosure.
(6) ~he' com~ete~nut thor i tyi,f after conducting an inquiry, is o f t he opinion that-
(a) the facts and allegations contained in the disclosure are frivolous or
vexatious; or 2s
(b) there are no sufficient grounds for proceeding with the inquiry,
it shall close the matter.
(7) After receipt of the comments or explanations or report referred to in sub-section
(3), if the Competent Authority is of the opinion that such comments or explanations or
report reveals either wilful misuse of power or wilful misuse of discretion or substantiates 30
allegations ofcorruption, it shall recommend to the public authority to take any one or more
ofthe following measures, namely:-
(I) initiating ploceedings against the concerned public servant;
(ir) taking appropriate administrative steps for redressing the loss caused to the
Government as a result of the corrupt practice or misuse of office or misuse of discre- 35
tion, as the case may be;
(iir) recommend to the appropriate authority or agency for initiation of criminal
proceedings under the relevant laws for the time being in force, ifso warranted by the
facts and circumstances of the case;
(iv) recommend for taking of corrective measures; 4 0
(v) take any other measures not falling under clauses (I) to (IV) which may be
necessary for the purpose of thisAct.
Matters not to 5. (1) Ifany matter specified or an issue raised in a disclosure has been determined by
be inquired by a Court or Tribunal authorised to determine the issue, after consideration of the matters
Competent
Authority. specified or issue raised in the disclosure, the Competent Authority shall not take notice of 45
the disclosure to the extent that the disclosure seeks to reopen such issue.
5
(2) The Competent Authority shall not entertain or inquire into any disclosure-
(a) in respect of which a formal and public inquiry has been ordered under the
37 of 1850. Public Servants (Inquiries) Act, 1850; or
(b) in respect of a matter which has been referred for inquiry under the
60 o f 1952. 5 C~mmissionsoflnquiryAct1, 952.
(3) The Competent Authority shall not investigate, any disclosure involving an
allegation, ifthe complaint is made afler the expiry of five years from the date on which the
action complained against is alleged to have taken place.
(4) Nothing in this Act shall be construed as empowering the Competent Authority to
(0 question, in any inquiry under this Act, any bonajide action or bonajide discretion
(including administrative or statutory discretion) exercised in dischargeofduty by the employee.
CHAPTER lV
POWEROSF COMPETENT AUTHORITY
6. (1) Without prejudice to the powers conferred upon the Competent Authority under Powers of
15 any other law for the time being in force, the Competent Authority, may require, for the Compelenl
Authority. purpose of any inquiry any public servant or any other person who in its opinion shall be
able to furnish information or produce documents relevant to the inquiry or assist in the
inquiry, to furnish any such information or produce any such document as may be necessary
for the said purpose.
2 0 (2) For the purpose of any such inquiry (including the preliminary inquiry), the
Competent Authority shall have all the powers of a civil court while trying a suit under the
5 of 1908. Code of Civil Procedure, 1908, in respectofthe followingmatters, namely:-
(a) summoning and enforcing the attendance of any person and examining him
on oath;
25 (b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(4 requisitioning any public record or copy thereof from any Court or office;
(e) issuing commissions for the examination of witnesses or documents;
V) such other maners as may be prescribed.
30 (3) The Competent Authority shall be deemed to be a Civil Court for the purpose of
2 of 1974. section 195 and Chapter XXVl of the Code of Criminal Procedure, 1973, and every
proceeding before the Competent Authority shall be deemed to be a judicial proceeding
45 of 1860. within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code.
(4) Subject to the provisions of section 7, no obligation to maintain secrecy or other
restriction upon the disclosure of information obtained by or furnished to the Government or
19 of 1923 any public servant, whether imposed by the Official Secrets Act, 1923 or any other law for the
time being in force, shall be claimed by any public servant in the proceedings before the
Competent Authority or any person or agency authorised by it in writing and the Govern-
40 ment or any public servant shall not be entitled in relation to any such inquiry, to any such
privilege in respect of the production of documents or the giving of evidence as is allowed
by any enactment or by any rules made thereunder:
Provided that the Competent Authority. while exercising such powers of the Civil
Court, shall take steps as necessary to ensure that the identity of the person making
45 complaint has not been revealed or compron~ised
Certain malters
exempt
from disclosure.
Superinlendence
of
Campelenl
Authority
over appropriate
machinery
Competenl
Authority to
take assistance
of police
authorities,
elc, in certain
cases.
Safeguards
againsl
victimisation.
7. ( 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 ofthe 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 lndia 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 ( I ) , 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.
8. ( I ) Every public authority shall, for the purposes of dealing or inquiry into the
disclosures sent to it under sub-section (3) of section 4, create an appropriate machinery for
the said purpose.
(2) The Competent Authority shall exercise superintendence over the working of
machinery created under sub-section ( I ) for the purposes of dealing or inquiry into the
disclosures and give such directions for its proper functioning, from time to time, as it may
consider necessary.
9. For the purpose of making discreet inquiry or obtaining information from the
organisation concerned, the Competent Authority shall be authorised 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 specified
time pursuant to the disclosure received by the Competent Authority.
CHAPTER V
10. ( I ) The Central Government shall ensure that no person or a public servant who
has made a disclosure under this Act is victimised 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.
(2) If any person is being victimised or likely to be victimiscd on the ground that he
had filed a complaint or made disclosure or rendered assistance in inquiry under this Act, he
may file an application before the Competent Authority seeking redress in the matter, and
such authority shall take such action, as deemed fit and may give suitable directions to the
concerned public servant or the public authority, as the case may be, to protect such person
from being victimised or avoid his victimisation.
(3) Every direction given under sub-section ( 1 ) by the Competent Authority shall be
binding upon the public servant or the public authority against whom the allegation of
victimisation has been proved.
7
(4) Notwithstanding anything contained in any other law for the time being in force,
the power to give directions under sub-section (2), in relation to a public servant, shall
include the power to direct the restoration ofthe public servant making the disclosure, to the
srarzw quo ante.
5 11. If the Competent Authority either on the application of the complainant, or Pratectlon of
witnesses, or on the basis of information gathered, is ofthe opinion that either the complainant or K'tne"es "ld
other persons.
public servant or the witnesses or any person rendering assistance for inquiry under this Act
need protection, the Competent Authority shall issue appropriate directions to the concerned
Government authorities (including police) which shall take necessary steps, through
10 its agencies, to protect such complainant or public servant or persons concerned.
12. The Competent Authority shall, notwithstanding any law for the time being in Proteetion af
force, conceal, as required under this Act, the identity of the complainant and the Of
conlplainal~t. documents or information furnished by him, for the purposes of enquiry under this Act,
unless so decided otherwise by the Competent Authority itself or it became necessary to
15 reveal or produce the same by virtue of the order of the court.
13. The Competent Authority, at any time after the making of disclosure by the Power to pass
complainant or public servant, if it is ofthe opinion that any corrupt practice required to be Orders.
stopped during the continuation of any inquiry for the said purpose may pass such interim
orders as it may deem tit, to prevent the immediate stoppage of such practice.
20 CHAPTERVI
OFFENCEASN D PEN4LTlES
14. Where the CompetentAuthority, atthe time ofexamining the report or explanations Penally for
or report referred to in sub-section (3) of section 4 on thecomplaint submitted by organisations f ' ~ ' " ' ~ h ' " s inor
officials concerned, is of the opinion that the organisations or officials concerned, without complele or in- cnrrsc, rnis- 25 any reasanable cause, has not furnisKed the report within the specified time or mola,fidely leadirlg
refused to submit the report or knowinsly given incomplete, incorrect or misleading or false nlents or exreport
or destroyed record or information which was the subject of the disclosure or ob- planarioll or
structed in any manner in furnishing the report, it shall impose a penalty which may extend to
two hundred fifty rupees for each day till report is furnished, so, howevcr, the total amount
30 of such penalty shall not excecd fifty thousand rupees:
Provided that no penalty shall be imposed against any person unless he has been
given an opportunity of being heard.
15.Any person, who negligently or ~nala,fidelyr eveals the identity of a complainant penalt? for
shall, without prejudice to the other provisions ofthis Act, be punishable with irnprisonment revealins
35 for a term which may extend up to three years and also to fine which may extend up to fifty ~ ~ ~ ~ ~ i thousand rupees.
16. Any person who makes any disclosure rnala,fidely and knowinsly that it was Puni~hrnent
incorrect or false or misleading shall be punishable with imprisonment for a term which may for fa's' Or
frivolous extend up to two years and also to tine which may extend up to thirty thousand rupees. d,sclosure
40 17. (1) Where an offence under this Act has been committed by any Department of Punirhrnenl ro
Government, the Head of thc Department shall be deemed to be guilty of the offence and )''ad of
shall be liable to be proceeded against and punished accordingly unless he proves that the ~~~~~~L~~~~~
offence was committed without his knowledge or that he exercised all due diligencc to
prevent the commission of such offence.
45 (2) Notwithstanding anything contained in sub-section ( I ) , where an offence under
this Act has been committed by a Department of Government and it is proved that the
offence has been committed with the consent or connivance of, or is attributable, such
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Offences h)
cornpanlcs.
Appeal to
Hlgh Court.
Bar of jurtsd~cflU"
8
IS. ( I ) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to
the company for the conduct of the business ofthe company as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly: 5
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he has exercised all due dili~enceto prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (I), where an offence under (0
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, manager, secretary or other officer of the company, such director, manager.
secretary or other officer shall also be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly. If
Explanation- For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association
of individuals: and
(h) "director", in relation to a firm, means a partner in the firm.
19. Any person aggrieved by any order o f t he Competent ~ u t h o r i t )re lating to impo- 20
sition ofpenalty under section 14 or section 15 may prefer an appeal to the High Couri within
a period of sixty days from the date of the order appealed against:
Provided that the High Court may entertain the appeal after the expiry o f the said
period of sixty days, if it is satisfied that theappellant was prevented by sufficient cause from
preferring the appeal in time. 25
Explanation. For the purposes of this section, the "High Court" means the High
Court within whose jurisdiction the cause of action arose.
20. No civil court shall havejurisdiction in respect of any matter which the Competent
Authority is empowered by or under this Act to determine and no injunction shall begranted
by any court or other authority in respect of any action taken or to be taken in pursuance of 30
any power conferred by or under this Act.
21. ( I ) No co& shall take cognizance of any offence punishable under this Act or the
rules or regulations made thereunder, save on a complaint made by the Competent Authority
or any officer or person authorised by it.
(3) No court inferior to that of a Chief Metropolitan Magistrate or a Chief(Judicia1 35
Magistrate shall try any offence punishable under this Act.
CHAPTERVII
MISCELL~NE~US
22. (1) The Competent Authority shall prepare a consolidated annual report of the
performance of its activities in such form as may be prescribed and forward it to the Central 4 0
Government or State Government, as the case may be.
(3) On receipt of the annual report under sub-section (I), the Central Government or
State Government, as the case may be, shall cause a copy thereof to be laid before each
House of Parliament, or the State Legislature, as the case may be:
Provided that where any other law for the time being in force provides preparing of 45
such annual report by the Competent Authority, then the said annual report shall contain a
separate part on the performance of activities under this Act by the Competent Authority.
23. No suit, prosecution or other legal proceedings shall lie against the ~o6~:tent Proteclion of
Authority or against any officer, employee, agency or person acting on its behalf, it? respect rake"
10 good faith
of anything which is in good faith done or intended to be done under this Act. .;
24. ( I ) Thecentral Government may, by notification in the Official Gazette, make rules Power a f
5 for the purpose of carrying out the provisions of this Act. Central
G-~o~v e r nme n t ~
(2) In particular and without prejudice to the generality of the foregoing power, such to rules.
rules may provide for all or any ofthe following matters, namely:-
(a) the procedure for disclosure by writing or appropriate electronic means under
sub-section (4) of section 3;
10 (b) the manner in which the discreet inquiry shall be made by the Competent
Authority under sub-section (2) of section 4;
(c) the additional matter in respect ofwhich the Competent Authority may exercise
the powers of a civil court under clause V) of sub-section (2) of section 6;
(d) the form of annual report under sub section ( I ) of section 22;
(e) any other matter which is required to be, or may be, prescribed.
I 5 25. The State Government may, by notification in the Official Gazette, make rules for Power of State
the ~ u r ~ o osfe c armine out the ~rovisionso f this Act. Government to
, - make rules.
26. The Competent Authority may, with the previous approval of the Central Powers to
Government or the State Government, as the case may be, by notification in the Oficial regula-
Gazette, make regulations not inconsistent with the provision ofthe Act and the rules made """'
20 thereunder to provide for all matters for which provision is expedient for the purposes of
giving effect to the provisions of this Act.
27. Every notification issued and every rule made by the Central Government and Notification
every regulation made by the Competent Authority under this Act shall be laid, as soon as cErkop:; may be after it is issued or made, before each House of Parliament, while it is in session, for li,m,,,,
25 a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or the rule or the regulation, or both Houses agree that the notification or
the rule or the regulation should not be made, the notification or the rule or the regulation
30 shall thereafter have effect only in such modified form or be ofno effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that notification or rule or regulation.
28. Every notification issued by a State Government and every rule made by a State N o l l f i c a t ~ o n
Government. and every regulation made by the Competent Authority under this Act shall be 'Ss"ed and
35 laid, as soon as may be after it is issued, before the State Legislature. rules made by
State
Governmunt
to be laid
before Stare
Legislalure.
29. ( 1 ) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Power to
Government may, by order, not inconsistent with the provisions of this Act, remove the 'em"ve
diflicult~es difficulty:
Provided that no such order shall be made after the expiry of a period of three years
4 0 from the date of the commencement of this Act.
(2) Every order made ilnder this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
Repeal and 30. (1) The Government of India, Ministry of Personnel, Public Grievances and Pensavtngs
sions (Department of Personnel and Training) Resolution No. 37111212002-AVD-111 dated the
2 1st April, 2004 as amended vide Resolution of even number, dated the 29thApril,2004 is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said 5
Resolution be deemed to have been done or taken under this Act.
STATEMENT OF OBJECTSAND REASONS
Corruptior~ is a social evil which prevents proper and balanced social growth and
economic development. 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 ofpower or wilful misuse ofdiscretion
which causes demonstrable loss to the Government or commission of a criminal offence by
a public servant.
2. The Law Commission of India had in its 179th Report, inreralia, recommended
formulation of a specific legislation titled "The public lnterest Disclosure (Protection of
Informers) Bill, 2002 to encourage disclosure of information regarding corruption or maladministration
by public servants and to provide protection to such complainants. The
Second Administrative Reforms Commission in its 4th Report on "Ethics in Governance"
has also recommended formulation of a legislation for providing protection to whistleblowers.
TheGovernment of India had issued a ResolutionNo. 89, dated the 21stApril,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 whistleblowers
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
suff~ce.
3. In view of the position stated in the foregoing paragraphs, it has been decided to
enact a standalone legislation to, inier alia, provide-
(a) for bringing within the scopeofthe Bill, public servants being theemployees
ofthe 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 ofemployees as may be notified by the Central Government
or, as thecasemay be. the State Government, from time to time, in the Ofiicial Gazette;
(b) adequate protection to the persons reporting corruption or wilful misuse of
power or wilful misuse ofdiscretion 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 inquirt. or cause to inquire into such disclosure and to
provide adequate safeguards against victimisation of the whistle-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 rereeling the identity of a complainant, negligently or mala
Ji
I2
4. The notes on clalises explain in detail the provisions of the Bill
5 . The Bill seeks to achieve the aforesaid objectives.
NEW DELHI;
The 12rh August, 20 10
PRITHVIRAJ CHAVAN
Notes on clauses
Clarlse 1 .-This clause provides for the short title, extent and commencement ofthe
proposed legislation. It is proposed not to extend the provisions ofthe proposed legislation
to the State of Jammu and Kashmir. It further proposed to empower the Central Government
to bring it into force on such date as it may appoint by notification in theofficial Gazette and
the Central Government may appoint different dates for different provisions of the Act.
Clause 2.-This clause defines various expressions used in the proposed legislation
which, inter alia, include the expressions "Central Vigilance Commission", "Competent
Authority", "disclosure", "electronic mail" or "electronic mail message", "Government
company", "public authority" and "public servant".
Clause :.-This clause lays down the requirements of public interest disclosure. It
provides that notwithstanding anything contained in the provisions of the Official Secrets
Act, 1923, any public servant [other than those referred to in clauses (a) to (d) of article 33
of the Constitution] or any other person including any non-governmental organisation,
may make a public interest disclosure before the Competent Authority.
It further provides that any public servant, being a person or member referred to in
clause (a) or clause (b) or clause (c) or clause (d) of article 33 ofthe Constitution, may make
a public disclosure if such disclosure does not, directly or indirectly, relate to, the members
of the Armed Force or any matter relating to Armed Forces; the members of the Forces
charged with the maintenance of public order; persons employed in any bureau or other
organisation established by the State for purposes of intelligence or counter intelligence or
any matter relating to such bureau or other organisation, persons employed in, or in
connection with, the telecommunication systems set up for the purposes of any Force,
bureau or orzanisation or any matter relating to such telecommunication system, bureau or
organisation.
It further provides that any disclosure made under the proposed legislation shall be
treated as public interest disclosure to be made before the Competent Authority which is
made in good faith and the person making such disclosure shall make apersonal declaration
stating that he reasonably believes that the information disclosed by him and allegation
contained therein is substantially true.
It further provides that every disclosure shall be made in writing or by electronic mail
or electronic mail message in accordance with the procedure as may be prescribed which
shall contain full particulars and be accompanied by supporting documents, or other
material and the Competent Authority may, if it deems fit, call for further information or
particulars from the person making such disclosure.
It also provides that no action will be taken on public interest disclosure by the
Competent Authority if the disclosure does not indicate the identity of the complainant or
public servant making public interest disclosure or the identity ofthe complainant or public
servant is found inibrrect or false.
Clarlse 4.- his tlause provides for the powers and functions of the Competent
Authorityon receipt of public interest disclosure. It provides that the Competent Authority
shall, on receipt of a public interest disclosure, ascertain from the complainant or the public
servant whether he was the person or the public servant who made the disclosure or not
and conceal the identityof the complainant unless the complainant himselfhas revealed his
identity to any other office or authority while making public interest disc!osure or in his
comp!aint or otherwise.
14
It further provides that the Competent Authority, upon the receipt of the complaint
and concealing the identity of the complainant, or the public servant in the first instance.
make discreet inquiry, in such manner as may be prescribed, to ascertain whether there is
any basis for proceeding further to investigate the disclosure and in case the Competent
Authority, either as a result ofthe discreet inquiry, or on the basis of the disclosure itself
without any inquiry, is ofthe opinion that the disclosure requires to be investigated, it shall
seek the comments or explanation or report from the Head of the Department of the
organisation or authority, board or corporation concerned or office concerned within such
time as may specified by it and while doing so, the competent authority will not reveal the
identity of the complainant or the public servant. However, ifthecompetent Authority is of
the opinion that it has, for the purpose of seeking comments or explanation or report from
the Head of the Department of the organisation or authority, board or corporation concerned
or office concerned may reveal the identity of the complainant or public servant to such
Head of the Department ofthe organisation or authority, board or corporation concerned or
office concerned.
[t further provides that the Competent Authority, if aher conducting an inquiry is of
the opinion that, the facts and allegations contained in the disclosure are frivolous or
vexatious; or there are no sufficient grounds for proceeding with the inquiry, it shall close
the matter.
It also provides that aher receipt ofthe comments or explanations or report referred to
in sub-clause (3), if the Competent Authority is of the opinion that such commsnts or
explanations or report reveals either wilful misuse of power or wilful misuse of discretion or
substantiates allegations of corruption, it shall recommend to the public authority, for
initiating proceedings against the concerned public servant; or, for taking appropriate
administrative steps for redressing the loss caused to the Government as a result of the
corrupt practice or misuse of office or misuse of discretion, as the case may be; or, to
recommend the appropriate authority or agency for initiation ofcriminal proceedings under
the relevant laws for the time being in force, if so warranted by the facts and circumstances
of the case; or, recommend for taking of corrective measures; or, any other appropriate
measure which may be necessary for the purposes of the proposed legislation.
Clause 5 . Th is clause provides for the matters not be inquired by the Competent
Authority. It provides that if any matter specified or an issue raised in a disclosure has been
determined by a Court or Tribunal authorised to determine the issue, aher consideration of
the matters specified w issue raised in the disclosure, the Competent Authority shall not
take notice of such discloswe to the extent that the said disclosure seeks to reopen such
issue.
It funhcr provides that the Competent Authority shall not entertain or inquire into
any disclosure, in respect of which a formal and public inquiry has been ordered under the
Public Servants (inquiries) Act, 1850 or in respect of a matter which has been referred for
inquiryunder the Commissions of InquiryAct, 1952 and shall not investigate, any disclosure
involving an allegation, ifthe complaint is made aher the expiry of five years from the date
on which the action complained against is alleged tp have taken place.
It also provides that nothing in the proposed legislation shail be construed as
empowering the Competent Authority to question, in any inquiry under the proposed
legislation, any bono-/ide action or discretion (including administrative or statutory
discretion) exercised in discharge of duty by the employee.
Clause 6.-This clause lays down the powers ofthecompetent Authority. It provides
that without prqiudice to the powers conferred upon the Competent Authority under any
other law for the time being in force, the Competent Authority. may require, for the purpose
of any inquiry any public servant or any other person who in its opinion shall be able to
furnish information or produce documents relevant to the inquiry or assist in the inquiry, to
furnish any such information or produce any such document as may be necessary for the
said purpose.
IS
It further provides that for the purpose ofany such inquiry (including the preliminary
inquiry), the Competent Authority shall have all the powers of a civil court while trying a
suit under the Code o f c i v i l Procedure, 1908 and that all proceedings under the proposed
legislation shall be deemed to be proceedings for the purposes of scctions 193 and
228 o f t helndian Penal Codeand for section 195 a n d ~ h a ~ t e r xoxf t ~hel c ode ofcriminal
Procedure, 1973.
It further provides that subject to the provisions ofclause 7, no obligation to maintain
secrecy or other restriction upon the disclosure of information obtained by or furnished to
the Government or any public servant, whether imposed by the Official Secrets Act, 1923 or
any other law for the time being in force, shall be claimed by any public servant in the
proceedings before the Competent Authority or any person or agency authoriscd by it in
writing and the Government or any public servant shall not be entitled in relation to any
such inquiry, to any such privilege in respect of the production of documents or the giving
of evidence as is allowed by any enactment or by any rules made thereunder.
It also provides that the Competent Authority, while exercising the powers of the Civil
Court, shall take steps as necessary to ensure that the identity of the person making complaint
has not been revealed or compromised.
Clause 7.-This clause deals withcertain matters exempted 60m disclosure. It provides
that no person shall be required or be authorised'by virtue of provisions contained in the
proposed legislation 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
the proposed legislation, 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, which might involves the
disclosure of proceedings ofthe Cabinet ofthe Union Government and Cabinet ofthe State
or any Committee of the Cabinet.
It further provides that a certificate issued by a Secretary to the Govcrnment of lndia
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 which might involves the disclosure of proceedings of
the Cabinet of the Union Government and Cabinet of the State or any Committee of the
Cabinet shall be binding and conclusive.
It also provides that no person shall be compelled for the purposes of inquiry under
the proposed legislation to give any evidenceor produce any document which hecould not
be compelled to give or produce in proceedings before a court.
Clause 8.-This clause provides for the superintendence of Competent Authority
over appropriate machinery. It provides that every public authority shall, for the purposes
of dealing or inquiry into the disclosures sent to it under sub-clause (3) of clause 4, create
appropriate machinery for the said purposc and shall exercise superintendence over the
working ofsuch machinery and give suchdirections for its proper functioning, from time to
time, as it may consider necessary.
Clause 9.- This clause makes provisions for the Competent Authority to take
assistance of police authorities in certain cases. It provides that for the purpose of making
discreet inquiry or obtaining information from the organisation concerned, the Competent
Authority shall be authorised to take assistance of the Delhi Special Police Establishment
or the police authorities, or any other authority as may be considered necessary, to rcnder
all assistance to complete the inquiry within the specified time pursuant to the disclosure
received by the competent authority.
Clause 10.-This clause empowers by providingsafeguards against victimization. It
provides that the Central Government shall ensure that ria bersblb dr a public servant who
16
has made a disclosure under the proposed legislation 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 the proposed legislation and if
any person is being victimized or likely to be victimized on the ground that he had filed a
complaint or made disclosure or rendered assistance in inquiry. he may file an application
before the Competent Avthority seeking redress in the matter, and such authority while
taking an action may glve suitable directions to the concerned public servant or the public
authority, as the case may be, to protect such person from being victimized or avoid his
victimization.
It further provides that every direction given under sub-clause (I) by the Competent
Authority shall be binding upon the public servant or the public authority zgainst wlio~n
the allegation of victimization has been proved and notwithstanding anything contained in
any other law for the time being in force, the power to give directions under sub-clause (2).
in relation to a public servant, shall include the power to direct the restoration ofthe public
servant making the disclosure, to the starus quo ante.
Clause I I .-This clause provides for Protection of witnesses and other persons. It
provides that if the Competent Authority either on the application of thc complainant, or
witnesses. or on the basis of information gathered, is of the opinion that either the
complainant or public servant or the witnesses or any person rendering assistance for
inquiry under the proposed legislation need protection, the Competenl Authority shall
issue appropriate directions to the concerned Government authorities, including police.
which shall take necessary steps to protect such complainant or public servant or persons
concerned.
Clause 12.-This clause provides for protection of identity ofcomplainant. It provides
that the Competent Authority shall, notwithstanding anything contairieii in any other law
for the time being in force, conceal, the identity of the complainant and the docutnents or
information furnished by him, for the purposes of enquiry, unless so decided otherwise by
the Competent Authority itself or it became necessary to reveal or produce the same by
virtue of the order ofthe court.
Clause 13.-This clausc empowers the Competent Authority to pass interim orde1.s.
It provides that the Competent Authority, at any time aRer the making ofdisclosure by the
complainant or public servant, if it is of the opinion that any corrupt practice required to be
stopped during the continuation of any inquiry for the said purpose may pass such interim
orders as it may deem fit, to prevent the immediate stoppage ofsuch practice.
Cluuse 14.-This clause makes provision for penalty for furnishing incomplete or
incorrect or misleading comments or explanation or report. It provides that the Competent
Authority, at the time of examining the report or explanations or report on the complaint
submined by organisations or officials concerned, is of the opinion that the organisations
or oficials concerned, without any reasonable cause, has not furnished the report within
thespecified time or malafidely refused to submit the'report or knowingly given incomplete,
incorrect or misleading or false report or destroyed record or information which was the
subject of the disclosure or obstructed in any manner in furnishing the report, shall impose
a penalty which may extend to two hundred fifty rupees for each day till report is furnished,
however, the total amount of such penalty not to exceed fitly thousand rupees but no
penalty shall be imposed against any person without giving him an opportunity of bcing
heard.
Clause 15.- This clause contains tlte prov~sionib r penally for revealing identity o f
complainant. I t provides that any person, who neglige~entlyo r molajidely reveals the
identity of a complainant shall be punishable with imprisonment for a term which may
extend up to three years and also !o fine which may extend up ro fifiy thousand rupees.
Clafrse 16.-This clause provides for punishment for false or frivolous disclosure. It
provides that any person who makes any disclosure mulajidely and knowingly that it was
17
incorrect or false or misleading shall be punishable with imprisonment for a term which may
extend up to two years and also to fine which may extend up to thirty thousand rupees.
Clause 17.-This clause provides for punishment to the Head of the Department in
the Government. It provides that where an offence under the proposed legislation has been
committed by any Department of the 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.
It further provides that if an offence has been committed by a Department ofGovemment
and it is proved that the offence has been eommitted with the consent or connivance of, or
is attributable to any other officer, such officer shall also be deemed to be guilty of that
offence and shall be liable to be proeeeded against and punished accordingly.
('lo?~,s1e8 .---This clause contains provisions for offences by companies. It provides
Illat where an oflencc under the proposed legislalion has been committed by a company,
every person directly in cli:~rge of, and responsible to, the company for the conduct of its
business at the time of commission of offence shall be deemed to be guilty of the ottence
and shall be liable to be proccedcd against and pl~nisheda ccordingly unless he proves that
the offence was committed without his knowledge or that lie exercised all due diligence to
prevent the commission of such ottence. It also provides that where any oflence under the
proposed legislatio~lia s becn co~nmittedw ith thc consent or connivance of, or attributable
to any ~ieglecot n the part of. any director, nianager, secretary or other oficer clfthecompany,
such director, manager. secretan or other officer shall also tie deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. 'The
t:,r~~Ian[rrioton thc clause seeks to define the terms "company" and "director".
Clause 19.-This clause makes provision for filing ofan appeal to the High Court. It
provides that any person aggrieved by an order made by the Competent Authority relating
to imposition of penalty, for furnishing incomplete or incorrect or misleading comments or
explanation or report under clause 14 or for revealing identityofcomplainant under clause
15 may prefer an appeal to the High Court within a period of sixty days from the date of the
order.
It further provides that the High Court may entertain an appeal after the expiry of the
said period of sixty days, if it is satisfied that the appellant had sufficient cause for not
preferring the appeal within the said period.
Clouse 20.-This clause provides for exclusion ofjurisdiction ofcivil courts. It provides
that no civil court shall have jurisdiction in respect of any matter which the Compelent
Authority is empowered by or under the proposed legislation to determineand no injunction
shall be granted by any court or other authority in respect ofany action taken or to be taken
in pursuance of any power conferred by or under the proposed legislation.
Clouse 21.-This clause provides for courts to take cognizance of an offence. It
provides that no court sliall take cognizance of any offence punishable under proposed
legislation, save on a complaint made by the Competent Authority or any officer or person
authorised by it and no court inferior to that of a Chief Metropolitan Magistrate or a Chief
Judicial Magistrate shall try any offence punishable under the proposed legislation,
Clause 22.-This clause seeks to empower the Competent Authority to prepare a
rcport on disclosures. It provides that the Competent Authority shall prepare a consolidated
annual report ofthe performance of its activities in such form as may be prescribed by the
Central Government and forward it to the Central Government or State Government, as the
case may be, which would be laid. before Parliament by the Central Government and; before
State Legislature by the State Government.
I t further provides that ifany other law for the time being in force provides preparm2
of the annual report by the Competent Authority. then the said annual rcport shall contail1
18
a separate part on the performance of activities under the proposed legislation by the
Competent Authority.
Clouse 23.-This clause provides for protection of action taken in good faith. It
provides that no suit, prosecution or other legal proceedings shall lie against the Competent
Authority or against any officer, employee, agency or person acting on its behalf, for
anything which is in good faith done or intended to be done under the proposed legislation.
Clause 24.-This clause confers power on the Central Government to make rules. It
provides that the Central Government may, by notification in the Official Gazene, make rules
to carry out the provisions of the proposed legislation. Sub-clause (2) enumerates matters
for which such rules may be made by the Central Government.
Clause 25.-This clause confers power on the State Government to make rules. It
provides that the State Government may, by notification in the Official Gazene, make rules
for the purpose of carrying out the provisions of the proposed legislation.
Clause 26.-This clause empowers the CompetentAuthority to make regulations. It
providcs that the Competent Authority may, with the previous approval of the Central
Government or the State Government, as the case may be, by notification in the Official
Gazette. make regulations not inconsistent with the provisions of the proposed legislation
and for giving effect to the provisions of the proposed legislation.
Clause 27.-This clause provides for laying of rules, regulations and notifications
before Parliament. It provides that every rule made and every notification issued by the
Central Government and every regulation made by the Competent Authority under the
proposed legislation shall be laid before each House of Parliament.
Clause 28.-This clause provides for laying of rules, regulations and notifications
before the State Legislature. It provides that every rule made and every notification issued
by the State Government and every regulation made by the Competent Authority under the
proposed legislation shall be laid before the State Legislature.
Clause 29.-This clause makes provision for power to remove difficulties. It provides
that if any difficulty arises in giving effect to the provisions of the proposed legislation, the
Central Government may, by order, not ~nconsistentw ith the provisions of the proposed
legislation, remove the difficulty.
It provides that no such order shall be made aRer the expiry of a period of three years
from the date of commencement of the proposed legislation. It also provides that every
order under this clause shall. as soon as may be after it is made, be laid before each House
of Parliament.
Clause 30.-This clause relates to the repeal and savings. It provides for the repeal of
the Resolution of the Government of India, Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training) issued vide No. 371/12/2002-AVD-Ill,
dated the 21stApril. 2004 asamended vide Resolutionofeven number, dated the 29thApri1,
2004.
It further provides that notwithstanding the said repeal, anything done or any action
taken under the said Resolution be deemed to have been done or taken under the proposed
legislation.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (1)of clause 24 empowentheCentral Government to make, by notification
in the Official Gazette, rules for carrying out the provisions of the proposed legislation. Subclause
(2) enumerates the matters in respect of which such rules may be made. These
matters, inter olio, specifies the procedure for disclosure in writing or appropriate electronic
means under sub-clause (4) of clause 5; the manner in which the discreet inquiry is to be
made by the Competent Authority under subslause (2) ofclause 4; the additional matter in
respect of which the Competent Authority may exercise the powers of a civil court under
sub-clause (2) of clause 6; the form of annual report under sub-clause (1) of clause 22.
2. Clause 25 empowers the State Government to make, by notification in the Official
Gazette, rules, for carrying out the provisions of the p;oposed legislation.
3. Clause 26 empowers the Competent Authority, with the previous approval of the
Central Government or the State Government, to make, by notification in the Official Gazette,
regulations. consistent with the provisions of the proposed legislation and the rules made
thereunder to provide for all matters for which provision is expedient for the purposes of
giving effect to the provisions of the proposed legislation.
4. Clause 27 provides that rules and regulations made by the Central Government are
required to be laid before each House of Parliament and rules and regulation made by the
State Government are required to be laid before each House ofthe State Legislature.
5. The matters in respect of which rules and regulations may be made are matters of
procedure or administrative detail and it is not practicable to provide for them in the Bill
itself. The delegation of legislative power is therefore of a normal character.
to establish a meshanism to receive complaints relating to disclosure 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 victimization of the person making such complaint and
for matters connected therewith and incidental thereto.
-- (Shri Prithviroj C h m . Minister of Statefor Persunnel,
Public Grimaxe Md Pensions)
THE PUBLIC INTEREST DISCLOSURE AND PROTECTfON TO
PERSONS MAKING THE DISCLOSURES BILL, 2010
ARRANGEMENT OF CLAUSES
CHAPTER 1
I. Short title,extent and commencement.
2. Definitions.
CHAPTER I1
PUBLIC IKTEREST DISCLOSURE
3. Requirements of public interest disclosure.
CHAPTER 111
INQIN RUELATIIORN TO YPUBL IC INTEREST DISCLOSIIRE
4. Powers and functions of Competent Authority on receipt of public interest disclosure.
5. Maners not to be inquired by Competent Authority.
CHAPTER IV
POWEROSF COMPETENT AUTHORITY
6. Powers of Competent Authority.
7. Certain matters exempt from disclosure.
8. Superintendence of Competent Authority over appropriate machinery.
9. Competent Authority to take assistance of police authorities, etc., in certain cases.
CHAPTER V
PROTECTIOTNO THE PERSONS MAKING DISCLOSURE
10. Safeguards against victimization.
I I. Protection of witnesses and other persons.
12. Protection of identity ofcomplaint.
3 . Power to pass interim orders.
CHAPTER VI
OFFEXES AND PE~ALTIES
14. Penalty for Furnishing incomplete or incorrect or misleading comments or explanation or
report.
15. Penalty for revealin,% identity of complainant.
16. Punishment for false or frivolous disclosure.
7 Punishment to Head of department in certain cases.
18. Offences by companies. .-
19. Appeal to High Court.
20. Barofjurisdiction
21. Court to take cognizance.
CHAPTER vn
MISCELLANEOUS
22. Report on disclosures.
23. Protection o f action taken in pood faith.
24. Pouer ofcentral Government to make rules.
25. Power of State Government to make rules.
26. Powers to make regulations.
27. Notification and rules to be laid before Parliament.
28. Notification issued and rules made by State Government to be laid before State
Legislature.
29. Power to remove difficulties.
30. Repeal and savlngs.
Bill No. 97 of 2010
THE PUBLIC INTEREST DISCLOSURE AND PROTECTION TO
PERSONS MAKING THE DISCLOSURES BILL, 2010
BILL
to esrablrsh a mechanism to receive complaints relating to disclosure on any allegation of
corruption or wilful misuse ofpower or wilful misuse of discretion against any public
servant and to inquire or cause an inquiry into such disclostrre and to provide
adequote safeg~rards against victimization of the person making such complaint and
for matters connected therewith and incidental thereto. 3
BE i t enacted by Parliament in the Sixty-first year ofthe Republicoflndia as follows:-
CHAPTER I
1. ( I ) This Act may be called as the Public Interest Disclosure and Protection to Short title.
5 Persons Making the Disclosures Act, 2010. extent and
commence.
(2) It extends to the whole of India except the State of Jammu and Kashmir. ment.
(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
10 castr-:ed as a referent: !- ?hr corning into Fa:- of that provisicn.
2
2. In this Act, unless the context otherwise requires,-
(a) "Central Vigilance Commission" means the Commission constituted under
sub-section (Io)fs ection 3 ofthe Central Vigilance Commission Act. 2003; 45 of 2003.
(b) "Competent Authority" means in relation to-
(;) any public servant referred to in sub-clause (A) ofclause(r), the Central 5
Vigilance Commission or any other authorityas the Central Government may, by
notification in the Official Gazene, specify in this behalf under this Act;
(it) any public servant referred to in sub-clause (6) of clause (I), the State
Vigilance Commissioner, ifany, or any officer of a State Government or any other
authority as the State Government may, by notification in the official Gazette, 10
specilj 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,-
(1) anattempt to commit or commission ofan offence under the Prevention 15
ofCorruption Act, 1988; 45 of 1988
(1;) wilful misuse of power or wilful misuse of discretion by virtue of
which demonstrable loss is caused to the Government or demonstrable gain
accruesto the pblic servant;
(iii) an-mpt to commit or commission of a criminal offence by a public 2 6
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 3;
: .: .(e).'electronic mail.. or "ekctronic, mail message'. means a message or informa- 25
tioncreated or iranrmined or received on an 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;
V) "Government company" means a company referred to in section 617 ofthe
CompaniesAct. 1956; 3 0 I 01' 1956
(g)"notification" meansa notification published in the Gazette ofIndiaor, 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;
,
(i) "public servant" means any employee of- 3 5
(A) the Central Government or any corporation established by or under
any Central Act, any Government companies, societies or local authorities owned
or controlled by the Central Government and such other categories of employees
as may be notified by the central Government, from time to time, in the
Official Gazette; 40
(B) the State Government or any corporation established by or under any
StateAct,Government companies, Societies or local authorities owned or controlled
by the State Government and such other categories of employees as may
benotified by the State Government, from time to time, in the Official Gazene.
(j).'prescribed means prescribed by rules made by thecentral ~overnmenat nd 45
the State Government, as the case may be. under this Act:
(k) "regulat~ons" means the regulat~onsm ade by the Competent Author~ty
under th~sA ct
CHAPTER ll
PUBLIC INTEREST DISCLOSURE
5 3. (1) Notwithstanding anything contained in the provisions of the Official Secrets Requirements
19 of 1923. Act, 1923, any public servant [other than those referred to in clauses (a) to (&ofarticle :3 of of public
lnferesl
the Constitution] or any other person including any non-governmental organisation, may d,sclosure
make a public interest disclosure before the'competent Authority:
Provided that any public servant, beinga person or member referred to in clause (o)or
10 clause (b) or clause (c) or clause (d) of article 33 ofthe Constitution, may make a public
disclosure if such disclosure does not, directly or indirectly, relate to,--
(a) the members of theAnned Force or any matter relating to Armed Forces; or
(b) the members of the Forces charged with the maintenance of public ordei; or
(c) persons employed in any bureau or other organisation established by the
15 State for purposes o f intelligence or counter intelligence or any matter relating to such
bureau or other organisation;
(d) persons employed in, or in connection with, the telecommunication systems
set up for the purposes of any Force, bureau or organisation referred to inclauses (a)
to (c) or any matter relating to such telecommunication system, bureau or organisation.
2 0 (2) Any disclosure made under this Act shall be treated as public interest disclosure
for the purposes of this Act and shall be made before the Competent Authority.
(3) 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.
25 (4) Every disclosure shall be made in writing or by electronic mail or electronic mail
message in accordance with the procedure a. may be prescribed and contain full particulars
and be accompanied by supporting documents, or other material, if any.
( 5 ) The Competent Authority may, if it deems fit, call for further information or
particulars from the person making the disclosure.
30 (6) No action'shall be taken on public interest disclosure by the CompetentAuthority
if the disclosure does not indicate the identity of the complainant or public servant making
public interest disclosure or the identity of the complainant or public servant is found
incorrect or false.
CHAPTER Ill
35 INQUIR;'IN RELATION TO PllBLlC INTEREST DISCLOSURE
4. (1) Subject to the provisions ofthis Act, the Competent Authority shall, on receipt Powers and
" of a public interest disclosure under section ;,- funclionr of
Competent
(a) ascertain from the complainant or the putilic servant whether he was the Authoflty 011
person or the public servant who made the disclosure or not; rerelpt of
publlr interes,
4 0
(b) conceal the identity of the complainant unless the complainant himself has d'sC1OsU'e
revealed his identity to any other office or authority while making public interest
disclosure or in his complaint or otherwise.
(2) The Competent Authority shall, upon receipt of the complaint and concealing the
identity of the complainant, or the public servant in the first instance, make discreet inquiry,
in such manner as may be prescribed, to ascertain whether there is any basis for proceeding
further to investigate the disclosure.
(3) If the Competent Authority, either as a result of the discreet inquiry, oion the basis 5
ofthe disclosure itselfwithout any inquiry, is oftheopinion that the disclosure requires to be
investigated, it shall seek comments or ekplanation or report from the Head of the Department
of the organisation or authority, board or corporation concerned or ofice concerned
within such t i m & may be specified by it.
(4) While-seeking comments or explanations or report referred to in sub-section (3), 10
the Competent Authority shall not reveal the identity of the complainant or the public servant
and direct the Head of the Department of the organisation concerned or office concerned
not to reveal the identity of thg complainant or public servant:
Provided that if the Competent Authority is of the opinion that it has, for the purpose
of seeking comments or explanation or report from them under sub-section (3) on the public 15
disclosure, become.necessary to reveal the identity of the public servant to the Head of the
Department of the organisation or authority, board or corporation concerned or ofice
concerned, the Competent Authority may reveal the identity of the complainant or public
servant to such Head of the Department of the organisation or authority, board or mrporation
concerned or'offtce concerned for the said purpose. 2 0
(5) The Head of the organisation or office concerned shall not directly or indirectly
reveal the identity of the complainant or public servant who made the disclosure.
(6) ~he' com~ete~nut thor i tyi,f after conducting an inquiry, is o f t he opinion that-
(a) the facts and allegations contained in the disclosure are frivolous or
vexatious; or 2s
(b) there are no sufficient grounds for proceeding with the inquiry,
it shall close the matter.
(7) After receipt of the comments or explanations or report referred to in sub-section
(3), if the Competent Authority is of the opinion that such comments or explanations or
report reveals either wilful misuse of power or wilful misuse of discretion or substantiates 30
allegations ofcorruption, it shall recommend to the public authority to take any one or more
ofthe following measures, namely:-
(I) initiating ploceedings against the concerned public servant;
(ir) taking appropriate administrative steps for redressing the loss caused to the
Government as a result of the corrupt practice or misuse of office or misuse of discre- 35
tion, as the case may be;
(iir) recommend to the appropriate authority or agency for initiation of criminal
proceedings under the relevant laws for the time being in force, ifso warranted by the
facts and circumstances of the case;
(iv) recommend for taking of corrective measures; 4 0
(v) take any other measures not falling under clauses (I) to (IV) which may be
necessary for the purpose of thisAct.
Matters not to 5. (1) Ifany matter specified or an issue raised in a disclosure has been determined by
be inquired by a Court or Tribunal authorised to determine the issue, after consideration of the matters
Competent
Authority. specified or issue raised in the disclosure, the Competent Authority shall not take notice of 45
the disclosure to the extent that the disclosure seeks to reopen such issue.
5
(2) The Competent Authority shall not entertain or inquire into any disclosure-
(a) in respect of which a formal and public inquiry has been ordered under the
37 of 1850. Public Servants (Inquiries) Act, 1850; or
(b) in respect of a matter which has been referred for inquiry under the
60 o f 1952. 5 C~mmissionsoflnquiryAct1, 952.
(3) The Competent Authority shall not investigate, any disclosure involving an
allegation, ifthe complaint is made afler the expiry of five years from the date on which the
action complained against is alleged to have taken place.
(4) Nothing in this Act shall be construed as empowering the Competent Authority to
(0 question, in any inquiry under this Act, any bonajide action or bonajide discretion
(including administrative or statutory discretion) exercised in dischargeofduty by the employee.
CHAPTER lV
POWEROSF COMPETENT AUTHORITY
6. (1) Without prejudice to the powers conferred upon the Competent Authority under Powers of
15 any other law for the time being in force, the Competent Authority, may require, for the Compelenl
Authority. purpose of any inquiry any public servant or any other person who in its opinion shall be
able to furnish information or produce documents relevant to the inquiry or assist in the
inquiry, to furnish any such information or produce any such document as may be necessary
for the said purpose.
2 0 (2) For the purpose of any such inquiry (including the preliminary inquiry), the
Competent Authority shall have all the powers of a civil court while trying a suit under the
5 of 1908. Code of Civil Procedure, 1908, in respectofthe followingmatters, namely:-
(a) summoning and enforcing the attendance of any person and examining him
on oath;
25 (b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(4 requisitioning any public record or copy thereof from any Court or office;
(e) issuing commissions for the examination of witnesses or documents;
V) such other maners as may be prescribed.
30 (3) The Competent Authority shall be deemed to be a Civil Court for the purpose of
2 of 1974. section 195 and Chapter XXVl of the Code of Criminal Procedure, 1973, and every
proceeding before the Competent Authority shall be deemed to be a judicial proceeding
45 of 1860. within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code.
(4) Subject to the provisions of section 7, no obligation to maintain secrecy or other
restriction upon the disclosure of information obtained by or furnished to the Government or
19 of 1923 any public servant, whether imposed by the Official Secrets Act, 1923 or any other law for the
time being in force, shall be claimed by any public servant in the proceedings before the
Competent Authority or any person or agency authorised by it in writing and the Govern-
40 ment or any public servant shall not be entitled in relation to any such inquiry, to any such
privilege in respect of the production of documents or the giving of evidence as is allowed
by any enactment or by any rules made thereunder:
Provided that the Competent Authority. while exercising such powers of the Civil
Court, shall take steps as necessary to ensure that the identity of the person making
45 complaint has not been revealed or compron~ised
Certain malters
exempt
from disclosure.
Superinlendence
of
Campelenl
Authority
over appropriate
machinery
Competenl
Authority to
take assistance
of police
authorities,
elc, in certain
cases.
Safeguards
againsl
victimisation.
7. ( 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 ofthe 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 lndia 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 ( I ) , 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.
8. ( I ) Every public authority shall, for the purposes of dealing or inquiry into the
disclosures sent to it under sub-section (3) of section 4, create an appropriate machinery for
the said purpose.
(2) The Competent Authority shall exercise superintendence over the working of
machinery created under sub-section ( I ) for the purposes of dealing or inquiry into the
disclosures and give such directions for its proper functioning, from time to time, as it may
consider necessary.
9. For the purpose of making discreet inquiry or obtaining information from the
organisation concerned, the Competent Authority shall be authorised 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 specified
time pursuant to the disclosure received by the Competent Authority.
CHAPTER V
10. ( I ) The Central Government shall ensure that no person or a public servant who
has made a disclosure under this Act is victimised 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.
(2) If any person is being victimised or likely to be victimiscd on the ground that he
had filed a complaint or made disclosure or rendered assistance in inquiry under this Act, he
may file an application before the Competent Authority seeking redress in the matter, and
such authority shall take such action, as deemed fit and may give suitable directions to the
concerned public servant or the public authority, as the case may be, to protect such person
from being victimised or avoid his victimisation.
(3) Every direction given under sub-section ( 1 ) by the Competent Authority shall be
binding upon the public servant or the public authority against whom the allegation of
victimisation has been proved.
7
(4) Notwithstanding anything contained in any other law for the time being in force,
the power to give directions under sub-section (2), in relation to a public servant, shall
include the power to direct the restoration ofthe public servant making the disclosure, to the
srarzw quo ante.
5 11. If the Competent Authority either on the application of the complainant, or Pratectlon of
witnesses, or on the basis of information gathered, is ofthe opinion that either the complainant or K'tne"es "ld
other persons.
public servant or the witnesses or any person rendering assistance for inquiry under this Act
need protection, the Competent Authority shall issue appropriate directions to the concerned
Government authorities (including police) which shall take necessary steps, through
10 its agencies, to protect such complainant or public servant or persons concerned.
12. The Competent Authority shall, notwithstanding any law for the time being in Proteetion af
force, conceal, as required under this Act, the identity of the complainant and the Of
conlplainal~t. documents or information furnished by him, for the purposes of enquiry under this Act,
unless so decided otherwise by the Competent Authority itself or it became necessary to
15 reveal or produce the same by virtue of the order of the court.
13. The Competent Authority, at any time after the making of disclosure by the Power to pass
complainant or public servant, if it is ofthe opinion that any corrupt practice required to be Orders.
stopped during the continuation of any inquiry for the said purpose may pass such interim
orders as it may deem tit, to prevent the immediate stoppage of such practice.
20 CHAPTERVI
OFFENCEASN D PEN4LTlES
14. Where the CompetentAuthority, atthe time ofexamining the report or explanations Penally for
or report referred to in sub-section (3) of section 4 on thecomplaint submitted by organisations f ' ~ ' " ' ~ h ' " s inor
officials concerned, is of the opinion that the organisations or officials concerned, without complele or in- cnrrsc, rnis- 25 any reasanable cause, has not furnisKed the report within the specified time or mola,fidely leadirlg
refused to submit the report or knowinsly given incomplete, incorrect or misleading or false nlents or exreport
or destroyed record or information which was the subject of the disclosure or ob- planarioll or
structed in any manner in furnishing the report, it shall impose a penalty which may extend to
two hundred fifty rupees for each day till report is furnished, so, howevcr, the total amount
30 of such penalty shall not excecd fifty thousand rupees:
Provided that no penalty shall be imposed against any person unless he has been
given an opportunity of being heard.
15.Any person, who negligently or ~nala,fidelyr eveals the identity of a complainant penalt? for
shall, without prejudice to the other provisions ofthis Act, be punishable with irnprisonment revealins
35 for a term which may extend up to three years and also to fine which may extend up to fifty ~ ~ ~ ~ ~ i thousand rupees.
16. Any person who makes any disclosure rnala,fidely and knowinsly that it was Puni~hrnent
incorrect or false or misleading shall be punishable with imprisonment for a term which may for fa's' Or
frivolous extend up to two years and also to tine which may extend up to thirty thousand rupees. d,sclosure
40 17. (1) Where an offence under this Act has been committed by any Department of Punirhrnenl ro
Government, the Head of thc Department shall be deemed to be guilty of the offence and )''ad of
shall be liable to be proceeded against and punished accordingly unless he proves that the ~~~~~~L~~~~~
offence was committed without his knowledge or that he exercised all due diligencc to
prevent the commission of such offence.
45 (2) Notwithstanding anything contained in sub-section ( I ) , where an offence under
this Act has been committed by a Department of Government and it is proved that the
offence has been committed with the consent or connivance of, or is attributable, such
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Offences h)
cornpanlcs.
Appeal to
Hlgh Court.
Bar of jurtsd~cflU"
8
IS. ( I ) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to
the company for the conduct of the business ofthe company as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly: 5
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he has exercised all due dili~enceto prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (I), where an offence under (0
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, manager, secretary or other officer of the company, such director, manager.
secretary or other officer shall also be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly. If
Explanation- For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association
of individuals: and
(h) "director", in relation to a firm, means a partner in the firm.
19. Any person aggrieved by any order o f t he Competent ~ u t h o r i t )re lating to impo- 20
sition ofpenalty under section 14 or section 15 may prefer an appeal to the High Couri within
a period of sixty days from the date of the order appealed against:
Provided that the High Court may entertain the appeal after the expiry o f the said
period of sixty days, if it is satisfied that theappellant was prevented by sufficient cause from
preferring the appeal in time. 25
Explanation. For the purposes of this section, the "High Court" means the High
Court within whose jurisdiction the cause of action arose.
20. No civil court shall havejurisdiction in respect of any matter which the Competent
Authority is empowered by or under this Act to determine and no injunction shall begranted
by any court or other authority in respect of any action taken or to be taken in pursuance of 30
any power conferred by or under this Act.
21. ( I ) No co& shall take cognizance of any offence punishable under this Act or the
rules or regulations made thereunder, save on a complaint made by the Competent Authority
or any officer or person authorised by it.
(3) No court inferior to that of a Chief Metropolitan Magistrate or a Chief(Judicia1 35
Magistrate shall try any offence punishable under this Act.
CHAPTERVII
MISCELL~NE~US
22. (1) The Competent Authority shall prepare a consolidated annual report of the
performance of its activities in such form as may be prescribed and forward it to the Central 4 0
Government or State Government, as the case may be.
(3) On receipt of the annual report under sub-section (I), the Central Government or
State Government, as the case may be, shall cause a copy thereof to be laid before each
House of Parliament, or the State Legislature, as the case may be:
Provided that where any other law for the time being in force provides preparing of 45
such annual report by the Competent Authority, then the said annual report shall contain a
separate part on the performance of activities under this Act by the Competent Authority.
23. No suit, prosecution or other legal proceedings shall lie against the ~o6~:tent Proteclion of
Authority or against any officer, employee, agency or person acting on its behalf, it? respect rake"
10 good faith
of anything which is in good faith done or intended to be done under this Act. .;
24. ( I ) Thecentral Government may, by notification in the Official Gazette, make rules Power a f
5 for the purpose of carrying out the provisions of this Act. Central
G-~o~v e r nme n t ~
(2) In particular and without prejudice to the generality of the foregoing power, such to rules.
rules may provide for all or any ofthe following matters, namely:-
(a) the procedure for disclosure by writing or appropriate electronic means under
sub-section (4) of section 3;
10 (b) the manner in which the discreet inquiry shall be made by the Competent
Authority under sub-section (2) of section 4;
(c) the additional matter in respect ofwhich the Competent Authority may exercise
the powers of a civil court under clause V) of sub-section (2) of section 6;
(d) the form of annual report under sub section ( I ) of section 22;
(e) any other matter which is required to be, or may be, prescribed.
I 5 25. The State Government may, by notification in the Official Gazette, make rules for Power of State
the ~ u r ~ o osfe c armine out the ~rovisionso f this Act. Government to
, - make rules.
26. The Competent Authority may, with the previous approval of the Central Powers to
Government or the State Government, as the case may be, by notification in the Oficial regula-
Gazette, make regulations not inconsistent with the provision ofthe Act and the rules made """'
20 thereunder to provide for all matters for which provision is expedient for the purposes of
giving effect to the provisions of this Act.
27. Every notification issued and every rule made by the Central Government and Notification
every regulation made by the Competent Authority under this Act shall be laid, as soon as cErkop:; may be after it is issued or made, before each House of Parliament, while it is in session, for li,m,,,,
25 a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or the rule or the regulation, or both Houses agree that the notification or
the rule or the regulation should not be made, the notification or the rule or the regulation
30 shall thereafter have effect only in such modified form or be ofno effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that notification or rule or regulation.
28. Every notification issued by a State Government and every rule made by a State N o l l f i c a t ~ o n
Government. and every regulation made by the Competent Authority under this Act shall be 'Ss"ed and
35 laid, as soon as may be after it is issued, before the State Legislature. rules made by
State
Governmunt
to be laid
before Stare
Legislalure.
29. ( 1 ) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Power to
Government may, by order, not inconsistent with the provisions of this Act, remove the 'em"ve
diflicult~es difficulty:
Provided that no such order shall be made after the expiry of a period of three years
4 0 from the date of the commencement of this Act.
(2) Every order made ilnder this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
Repeal and 30. (1) The Government of India, Ministry of Personnel, Public Grievances and Pensavtngs
sions (Department of Personnel and Training) Resolution No. 37111212002-AVD-111 dated the
2 1st April, 2004 as amended vide Resolution of even number, dated the 29thApril,2004 is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said 5
Resolution be deemed to have been done or taken under this Act.
STATEMENT OF OBJECTSAND REASONS
Corruptior~ is a social evil which prevents proper and balanced social growth and
economic development. 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 ofpower or wilful misuse ofdiscretion
which causes demonstrable loss to the Government or commission of a criminal offence by
a public servant.
2. The Law Commission of India had in its 179th Report, inreralia, recommended
formulation of a specific legislation titled "The public lnterest Disclosure (Protection of
Informers) Bill, 2002 to encourage disclosure of information regarding corruption or maladministration
by public servants and to provide protection to such complainants. The
Second Administrative Reforms Commission in its 4th Report on "Ethics in Governance"
has also recommended formulation of a legislation for providing protection to whistleblowers.
TheGovernment of India had issued a ResolutionNo. 89, dated the 21stApril,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 whistleblowers
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
suff~ce.
3. In view of the position stated in the foregoing paragraphs, it has been decided to
enact a standalone legislation to, inier alia, provide-
(a) for bringing within the scopeofthe Bill, public servants being theemployees
ofthe 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 ofemployees as may be notified by the Central Government
or, as thecasemay be. the State Government, from time to time, in the Ofiicial Gazette;
(b) adequate protection to the persons reporting corruption or wilful misuse of
power or wilful misuse ofdiscretion 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 inquirt. or cause to inquire into such disclosure and to
provide adequate safeguards against victimisation of the whistle-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 rereeling the identity of a complainant, negligently or mala
Ji
I2
4. The notes on clalises explain in detail the provisions of the Bill
5 . The Bill seeks to achieve the aforesaid objectives.
NEW DELHI;
The 12rh August, 20 10
PRITHVIRAJ CHAVAN
Notes on clauses
Clarlse 1 .-This clause provides for the short title, extent and commencement ofthe
proposed legislation. It is proposed not to extend the provisions ofthe proposed legislation
to the State of Jammu and Kashmir. It further proposed to empower the Central Government
to bring it into force on such date as it may appoint by notification in theofficial Gazette and
the Central Government may appoint different dates for different provisions of the Act.
Clause 2.-This clause defines various expressions used in the proposed legislation
which, inter alia, include the expressions "Central Vigilance Commission", "Competent
Authority", "disclosure", "electronic mail" or "electronic mail message", "Government
company", "public authority" and "public servant".
Clause :.-This clause lays down the requirements of public interest disclosure. It
provides that notwithstanding anything contained in the provisions of the Official Secrets
Act, 1923, any public servant [other than those referred to in clauses (a) to (d) of article 33
of the Constitution] or any other person including any non-governmental organisation,
may make a public interest disclosure before the Competent Authority.
It further provides that any public servant, being a person or member referred to in
clause (a) or clause (b) or clause (c) or clause (d) of article 33 ofthe Constitution, may make
a public disclosure if such disclosure does not, directly or indirectly, relate to, the members
of the Armed Force or any matter relating to Armed Forces; the members of the Forces
charged with the maintenance of public order; persons employed in any bureau or other
organisation established by the State for purposes of intelligence or counter intelligence or
any matter relating to such bureau or other organisation, persons employed in, or in
connection with, the telecommunication systems set up for the purposes of any Force,
bureau or orzanisation or any matter relating to such telecommunication system, bureau or
organisation.
It further provides that any disclosure made under the proposed legislation shall be
treated as public interest disclosure to be made before the Competent Authority which is
made in good faith and the person making such disclosure shall make apersonal declaration
stating that he reasonably believes that the information disclosed by him and allegation
contained therein is substantially true.
It further provides that every disclosure shall be made in writing or by electronic mail
or electronic mail message in accordance with the procedure as may be prescribed which
shall contain full particulars and be accompanied by supporting documents, or other
material and the Competent Authority may, if it deems fit, call for further information or
particulars from the person making such disclosure.
It also provides that no action will be taken on public interest disclosure by the
Competent Authority if the disclosure does not indicate the identity of the complainant or
public servant making public interest disclosure or the identity ofthe complainant or public
servant is found inibrrect or false.
Clarlse 4.- his tlause provides for the powers and functions of the Competent
Authorityon receipt of public interest disclosure. It provides that the Competent Authority
shall, on receipt of a public interest disclosure, ascertain from the complainant or the public
servant whether he was the person or the public servant who made the disclosure or not
and conceal the identityof the complainant unless the complainant himselfhas revealed his
identity to any other office or authority while making public interest disc!osure or in his
comp!aint or otherwise.
14
It further provides that the Competent Authority, upon the receipt of the complaint
and concealing the identity of the complainant, or the public servant in the first instance.
make discreet inquiry, in such manner as may be prescribed, to ascertain whether there is
any basis for proceeding further to investigate the disclosure and in case the Competent
Authority, either as a result ofthe discreet inquiry, or on the basis of the disclosure itself
without any inquiry, is ofthe opinion that the disclosure requires to be investigated, it shall
seek the comments or explanation or report from the Head of the Department of the
organisation or authority, board or corporation concerned or office concerned within such
time as may specified by it and while doing so, the competent authority will not reveal the
identity of the complainant or the public servant. However, ifthecompetent Authority is of
the opinion that it has, for the purpose of seeking comments or explanation or report from
the Head of the Department of the organisation or authority, board or corporation concerned
or office concerned may reveal the identity of the complainant or public servant to such
Head of the Department ofthe organisation or authority, board or corporation concerned or
office concerned.
[t further provides that the Competent Authority, if aher conducting an inquiry is of
the opinion that, the facts and allegations contained in the disclosure are frivolous or
vexatious; or there are no sufficient grounds for proceeding with the inquiry, it shall close
the matter.
It also provides that aher receipt ofthe comments or explanations or report referred to
in sub-clause (3), if the Competent Authority is of the opinion that such commsnts or
explanations or report reveals either wilful misuse of power or wilful misuse of discretion or
substantiates allegations of corruption, it shall recommend to the public authority, for
initiating proceedings against the concerned public servant; or, for taking appropriate
administrative steps for redressing the loss caused to the Government as a result of the
corrupt practice or misuse of office or misuse of discretion, as the case may be; or, to
recommend the appropriate authority or agency for initiation ofcriminal proceedings under
the relevant laws for the time being in force, if so warranted by the facts and circumstances
of the case; or, recommend for taking of corrective measures; or, any other appropriate
measure which may be necessary for the purposes of the proposed legislation.
Clause 5 . Th is clause provides for the matters not be inquired by the Competent
Authority. It provides that if any matter specified or an issue raised in a disclosure has been
determined by a Court or Tribunal authorised to determine the issue, aher consideration of
the matters specified w issue raised in the disclosure, the Competent Authority shall not
take notice of such discloswe to the extent that the said disclosure seeks to reopen such
issue.
It funhcr provides that the Competent Authority shall not entertain or inquire into
any disclosure, in respect of which a formal and public inquiry has been ordered under the
Public Servants (inquiries) Act, 1850 or in respect of a matter which has been referred for
inquiryunder the Commissions of InquiryAct, 1952 and shall not investigate, any disclosure
involving an allegation, ifthe complaint is made aher the expiry of five years from the date
on which the action complained against is alleged tp have taken place.
It also provides that nothing in the proposed legislation shail be construed as
empowering the Competent Authority to question, in any inquiry under the proposed
legislation, any bono-/ide action or discretion (including administrative or statutory
discretion) exercised in discharge of duty by the employee.
Clause 6.-This clause lays down the powers ofthecompetent Authority. It provides
that without prqiudice to the powers conferred upon the Competent Authority under any
other law for the time being in force, the Competent Authority. may require, for the purpose
of any inquiry any public servant or any other person who in its opinion shall be able to
furnish information or produce documents relevant to the inquiry or assist in the inquiry, to
furnish any such information or produce any such document as may be necessary for the
said purpose.
IS
It further provides that for the purpose ofany such inquiry (including the preliminary
inquiry), the Competent Authority shall have all the powers of a civil court while trying a
suit under the Code o f c i v i l Procedure, 1908 and that all proceedings under the proposed
legislation shall be deemed to be proceedings for the purposes of scctions 193 and
228 o f t helndian Penal Codeand for section 195 a n d ~ h a ~ t e r xoxf t ~hel c ode ofcriminal
Procedure, 1973.
It further provides that subject to the provisions ofclause 7, no obligation to maintain
secrecy or other restriction upon the disclosure of information obtained by or furnished to
the Government or any public servant, whether imposed by the Official Secrets Act, 1923 or
any other law for the time being in force, shall be claimed by any public servant in the
proceedings before the Competent Authority or any person or agency authoriscd by it in
writing and the Government or any public servant shall not be entitled in relation to any
such inquiry, to any such privilege in respect of the production of documents or the giving
of evidence as is allowed by any enactment or by any rules made thereunder.
It also provides that the Competent Authority, while exercising the powers of the Civil
Court, shall take steps as necessary to ensure that the identity of the person making complaint
has not been revealed or compromised.
Clause 7.-This clause deals withcertain matters exempted 60m disclosure. It provides
that no person shall be required or be authorised'by virtue of provisions contained in the
proposed legislation 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
the proposed legislation, 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, which might involves the
disclosure of proceedings ofthe Cabinet ofthe Union Government and Cabinet ofthe State
or any Committee of the Cabinet.
It further provides that a certificate issued by a Secretary to the Govcrnment of lndia
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 which might involves the disclosure of proceedings of
the Cabinet of the Union Government and Cabinet of the State or any Committee of the
Cabinet shall be binding and conclusive.
It also provides that no person shall be compelled for the purposes of inquiry under
the proposed legislation to give any evidenceor produce any document which hecould not
be compelled to give or produce in proceedings before a court.
Clause 8.-This clause provides for the superintendence of Competent Authority
over appropriate machinery. It provides that every public authority shall, for the purposes
of dealing or inquiry into the disclosures sent to it under sub-clause (3) of clause 4, create
appropriate machinery for the said purposc and shall exercise superintendence over the
working ofsuch machinery and give suchdirections for its proper functioning, from time to
time, as it may consider necessary.
Clause 9.- This clause makes provisions for the Competent Authority to take
assistance of police authorities in certain cases. It provides that for the purpose of making
discreet inquiry or obtaining information from the organisation concerned, the Competent
Authority shall be authorised to take assistance of the Delhi Special Police Establishment
or the police authorities, or any other authority as may be considered necessary, to rcnder
all assistance to complete the inquiry within the specified time pursuant to the disclosure
received by the competent authority.
Clause 10.-This clause empowers by providingsafeguards against victimization. It
provides that the Central Government shall ensure that ria bersblb dr a public servant who
16
has made a disclosure under the proposed legislation 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 the proposed legislation and if
any person is being victimized or likely to be victimized on the ground that he had filed a
complaint or made disclosure or rendered assistance in inquiry. he may file an application
before the Competent Avthority seeking redress in the matter, and such authority while
taking an action may glve suitable directions to the concerned public servant or the public
authority, as the case may be, to protect such person from being victimized or avoid his
victimization.
It further provides that every direction given under sub-clause (I) by the Competent
Authority shall be binding upon the public servant or the public authority zgainst wlio~n
the allegation of victimization has been proved and notwithstanding anything contained in
any other law for the time being in force, the power to give directions under sub-clause (2).
in relation to a public servant, shall include the power to direct the restoration ofthe public
servant making the disclosure, to the starus quo ante.
Clause I I .-This clause provides for Protection of witnesses and other persons. It
provides that if the Competent Authority either on the application of thc complainant, or
witnesses. or on the basis of information gathered, is of the opinion that either the
complainant or public servant or the witnesses or any person rendering assistance for
inquiry under the proposed legislation need protection, the Competenl Authority shall
issue appropriate directions to the concerned Government authorities, including police.
which shall take necessary steps to protect such complainant or public servant or persons
concerned.
Clause 12.-This clause provides for protection of identity ofcomplainant. It provides
that the Competent Authority shall, notwithstanding anything contairieii in any other law
for the time being in force, conceal, the identity of the complainant and the docutnents or
information furnished by him, for the purposes of enquiry, unless so decided otherwise by
the Competent Authority itself or it became necessary to reveal or produce the same by
virtue of the order ofthe court.
Clause 13.-This clausc empowers the Competent Authority to pass interim orde1.s.
It provides that the Competent Authority, at any time aRer the making ofdisclosure by the
complainant or public servant, if it is of the opinion that any corrupt practice required to be
stopped during the continuation of any inquiry for the said purpose may pass such interim
orders as it may deem fit, to prevent the immediate stoppage ofsuch practice.
Cluuse 14.-This clause makes provision for penalty for furnishing incomplete or
incorrect or misleading comments or explanation or report. It provides that the Competent
Authority, at the time of examining the report or explanations or report on the complaint
submined by organisations or officials concerned, is of the opinion that the organisations
or oficials concerned, without any reasonable cause, has not furnished the report within
thespecified time or malafidely refused to submit the'report or knowingly given incomplete,
incorrect or misleading or false report or destroyed record or information which was the
subject of the disclosure or obstructed in any manner in furnishing the report, shall impose
a penalty which may extend to two hundred fifty rupees for each day till report is furnished,
however, the total amount of such penalty not to exceed fitly thousand rupees but no
penalty shall be imposed against any person without giving him an opportunity of bcing
heard.
Clause 15.- This clause contains tlte prov~sionib r penally for revealing identity o f
complainant. I t provides that any person, who neglige~entlyo r molajidely reveals the
identity of a complainant shall be punishable with imprisonment for a term which may
extend up to three years and also !o fine which may extend up ro fifiy thousand rupees.
Clafrse 16.-This clause provides for punishment for false or frivolous disclosure. It
provides that any person who makes any disclosure mulajidely and knowingly that it was
17
incorrect or false or misleading shall be punishable with imprisonment for a term which may
extend up to two years and also to fine which may extend up to thirty thousand rupees.
Clause 17.-This clause provides for punishment to the Head of the Department in
the Government. It provides that where an offence under the proposed legislation has been
committed by any Department of the 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.
It further provides that if an offence has been committed by a Department ofGovemment
and it is proved that the offence has been eommitted with the consent or connivance of, or
is attributable to any other officer, such officer shall also be deemed to be guilty of that
offence and shall be liable to be proeeeded against and punished accordingly.
('lo?~,s1e8 .---This clause contains provisions for offences by companies. It provides
Illat where an oflencc under the proposed legislalion has been committed by a company,
every person directly in cli:~rge of, and responsible to, the company for the conduct of its
business at the time of commission of offence shall be deemed to be guilty of the ottence
and shall be liable to be proccedcd against and pl~nisheda ccordingly unless he proves that
the offence was committed without his knowledge or that lie exercised all due diligence to
prevent the commission of such ottence. It also provides that where any oflence under the
proposed legislatio~lia s becn co~nmittedw ith thc consent or connivance of, or attributable
to any ~ieglecot n the part of. any director, nianager, secretary or other oficer clfthecompany,
such director, manager. secretan or other officer shall also tie deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. 'The
t:,r~~Ian[rrioton thc clause seeks to define the terms "company" and "director".
Clause 19.-This clause makes provision for filing ofan appeal to the High Court. It
provides that any person aggrieved by an order made by the Competent Authority relating
to imposition of penalty, for furnishing incomplete or incorrect or misleading comments or
explanation or report under clause 14 or for revealing identityofcomplainant under clause
15 may prefer an appeal to the High Court within a period of sixty days from the date of the
order.
It further provides that the High Court may entertain an appeal after the expiry of the
said period of sixty days, if it is satisfied that the appellant had sufficient cause for not
preferring the appeal within the said period.
Clouse 20.-This clause provides for exclusion ofjurisdiction ofcivil courts. It provides
that no civil court shall have jurisdiction in respect of any matter which the Compelent
Authority is empowered by or under the proposed legislation to determineand no injunction
shall be granted by any court or other authority in respect ofany action taken or to be taken
in pursuance of any power conferred by or under the proposed legislation.
Clouse 21.-This clause provides for courts to take cognizance of an offence. It
provides that no court sliall take cognizance of any offence punishable under proposed
legislation, save on a complaint made by the Competent Authority or any officer or person
authorised by it and no court inferior to that of a Chief Metropolitan Magistrate or a Chief
Judicial Magistrate shall try any offence punishable under the proposed legislation,
Clause 22.-This clause seeks to empower the Competent Authority to prepare a
rcport on disclosures. It provides that the Competent Authority shall prepare a consolidated
annual report ofthe performance of its activities in such form as may be prescribed by the
Central Government and forward it to the Central Government or State Government, as the
case may be, which would be laid. before Parliament by the Central Government and; before
State Legislature by the State Government.
I t further provides that ifany other law for the time being in force provides preparm2
of the annual report by the Competent Authority. then the said annual rcport shall contail1
18
a separate part on the performance of activities under the proposed legislation by the
Competent Authority.
Clouse 23.-This clause provides for protection of action taken in good faith. It
provides that no suit, prosecution or other legal proceedings shall lie against the Competent
Authority or against any officer, employee, agency or person acting on its behalf, for
anything which is in good faith done or intended to be done under the proposed legislation.
Clause 24.-This clause confers power on the Central Government to make rules. It
provides that the Central Government may, by notification in the Official Gazene, make rules
to carry out the provisions of the proposed legislation. Sub-clause (2) enumerates matters
for which such rules may be made by the Central Government.
Clause 25.-This clause confers power on the State Government to make rules. It
provides that the State Government may, by notification in the Official Gazene, make rules
for the purpose of carrying out the provisions of the proposed legislation.
Clause 26.-This clause empowers the CompetentAuthority to make regulations. It
providcs that the Competent Authority may, with the previous approval of the Central
Government or the State Government, as the case may be, by notification in the Official
Gazette. make regulations not inconsistent with the provisions of the proposed legislation
and for giving effect to the provisions of the proposed legislation.
Clause 27.-This clause provides for laying of rules, regulations and notifications
before Parliament. It provides that every rule made and every notification issued by the
Central Government and every regulation made by the Competent Authority under the
proposed legislation shall be laid before each House of Parliament.
Clause 28.-This clause provides for laying of rules, regulations and notifications
before the State Legislature. It provides that every rule made and every notification issued
by the State Government and every regulation made by the Competent Authority under the
proposed legislation shall be laid before the State Legislature.
Clause 29.-This clause makes provision for power to remove difficulties. It provides
that if any difficulty arises in giving effect to the provisions of the proposed legislation, the
Central Government may, by order, not ~nconsistentw ith the provisions of the proposed
legislation, remove the difficulty.
It provides that no such order shall be made aRer the expiry of a period of three years
from the date of commencement of the proposed legislation. It also provides that every
order under this clause shall. as soon as may be after it is made, be laid before each House
of Parliament.
Clause 30.-This clause relates to the repeal and savings. It provides for the repeal of
the Resolution of the Government of India, Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training) issued vide No. 371/12/2002-AVD-Ill,
dated the 21stApril. 2004 asamended vide Resolutionofeven number, dated the 29thApri1,
2004.
It further provides that notwithstanding the said repeal, anything done or any action
taken under the said Resolution be deemed to have been done or taken under the proposed
legislation.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (1)of clause 24 empowentheCentral Government to make, by notification
in the Official Gazette, rules for carrying out the provisions of the proposed legislation. Subclause
(2) enumerates the matters in respect of which such rules may be made. These
matters, inter olio, specifies the procedure for disclosure in writing or appropriate electronic
means under sub-clause (4) of clause 5; the manner in which the discreet inquiry is to be
made by the Competent Authority under subslause (2) ofclause 4; the additional matter in
respect of which the Competent Authority may exercise the powers of a civil court under
sub-clause (2) of clause 6; the form of annual report under sub-clause (1) of clause 22.
2. Clause 25 empowers the State Government to make, by notification in the Official
Gazette, rules, for carrying out the provisions of the p;oposed legislation.
3. Clause 26 empowers the Competent Authority, with the previous approval of the
Central Government or the State Government, to make, by notification in the Official Gazette,
regulations. consistent with the provisions of the proposed legislation and the rules made
thereunder to provide for all matters for which provision is expedient for the purposes of
giving effect to the provisions of the proposed legislation.
4. Clause 27 provides that rules and regulations made by the Central Government are
required to be laid before each House of Parliament and rules and regulation made by the
State Government are required to be laid before each House ofthe State Legislature.
5. The matters in respect of which rules and regulations may be made are matters of
procedure or administrative detail and it is not practicable to provide for them in the Bill
itself. The delegation of legislative power is therefore of a normal character.
to establish a meshanism to receive complaints relating to disclosure 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 victimization of the person making such complaint and
for matters connected therewith and incidental thereto.
-- (Shri Prithviroj C h m . Minister of Statefor Persunnel,
Public Grimaxe Md Pensions)
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