Report No. 43

7.29. Section 2(6)-Definition of "office under Government" to be omitted.-

Section 2(6) defines the expression 'office under Government', as including any office or employment in or under any department of the Government. We think that the definition is unnecessary. The expression 'office under Government' is well understood. The definition should be omitted.

The definition does not include employment under public enterprises, and hence a person holding office in such enterprise does not fall within that part of the penal provision in section 5(1), which1 relates to information entrusted in confidence by a person 'holding office under Government' or 'information obtained as a person who holds office under Government'. But that part of section 5(1) which refers to prohibited places or information likely to assist the enemy may be attracted. Moreover, where munitions of war are the subject-matter of the information, the specific provision relating to munitions of war in section 5(3) would also come into play. Hence the scope of the Act need not be expanded on this point.

1. Cf. para. 7.61, below.