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Report No. 179

7.10 (d) 'disclosable conduct' [proposed section 2(d ).-

The Australian Public Interest Act, 1994 defines 'disclosable conduct' while section 43B of the U.K. Employment Rights Act, 1996 (as amended by the U.K. Public Interest Disclosure Act, 1998) defines 'qualifying disclosure' (i.e. disclosure which is disclosable and which qualifies for protection). On those lines, we propose to define 'disclosable conduct' to include disclosure regarding past actions, present actions and proposed actions. The definition of 'disclosable conduct' of a public servant in regard to which the disclosures can be made, is proposed as follows:

"Section 2(d): 'disclosable conduct' means such conduct as a public servant may engage in or has engaged in or is engaging, or proposes to engage in, which amounts t.-

(i) abuse or misuse of power or discretion vested in him; or

(ii) an attempt to commit or the commission of an offence under the Prevention of Corruption Act, 1988, the Indian Penal Code, 1860 or any other law for the time being in force; or

(iii) mal-administration."

7.11 (e) 'Mal-administration'[proposed section 2 (e )] This word occurs in clause (iii) of proposed section 2 (d) and has, therefore, to be defined.

There is a definition of 'mal administration' in the Lok Pal and Lok Ayuktas Bill 1969 in section 2(g). This definition also refers to past and present acts or acts proposed. We propose to adopt the a definition of 'mal administration' as found in section 2 (8) of the above Bill as follows:

"Section 2(e): 'mal-administration' includes any action taken or purporting to have been taken or being taken or proposed to be taken in the exercise of administrative or statutory power or discretion,-

(i) where such action is unreasonable, unjust, oppressive or improperly discriminatory;

(ii) where there has been negligence or undue delay in taking such action;

(iii) where there has been reckless, excessive or unauthorized use of power in taking such action;

(iv) where such action amounts to breach of trust;

(v) where such action involves the conduct of a public servant which would result in wastage of public funds or causes loss or prejudice to the State or is prejudicial to public funds or causes loss or prejudice to the State or is prejudicial to public interest in any manner; or

(vi) where such action is outside the authority conferred by law or amounts to violations of systems or procedure."

7.12 (f) 'Minister': (proposed section 2(f)). 'Minister' is proposed to be defined as a Member of the Council of the Ministers for the Union and includes the Minister of State and Deputy Minister but does not include the Prime Minister.

The Prime Minister is proposed to be excluded in as much as separate provisions appears to have been made in the proposed The Lok Pal Bill, 2001 so far as the Prime Minister is concerned.

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