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Report No. 179

2.Definition.-

In this Act unless the context otherwise requires-

(a)"action" means action taken by way of decision, recommendation or finding or any other proceeding and includes failure to act and all other expressions connoting action or act shall be construed accordingly;

(b)" Competent Authority" in relation to ,-

(i) a Minister, means any Authority notified by the President in this behalf;

(ii) any other public servant, means the Central Vigilance Commission constituted under the Central Vigilance Commission Ordinance, 1999 which ceased to operate, and continued under the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No.371/20/99-AVD-III dated the 4th April, 1999;

(c) "disclosure" means a disclosure of information that the person making the disclosure reasonably believes, that it tends to show disclosable conduct ;

(d) "disclosable conduct" means such conduct as a public servant may engage in or has engaged or is engaging, or proposes to engage in, which amounts to,-

(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;

(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 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 interest in any manner;or

(vi) where such action is outside the authority of law or amounts to violation of systems and procedures.

(f) "Minister" means 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;

(g) "prescribed" means prescribed by rules made under this Act;

(h)"public servant" denotes a person falling under any of the descriptions hereinafter following, namely:-

(i) every Minister;

(ii) every officer who is appointed to a public service or post in connection with the affairs of the Union;

(iii) every person in the service or pay of.-

(A) any local authority in any Union territory, (which is notified by the Central Government in this behalf in the Official Gazette),

(B) any corporation (not being a local authority) established by or under a Central Act and owned or controlled by the Central Government,

(C) any Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty-one per cent. of the paid up share capital is held by the Central Government, or any company which is a subsidiary of a company in which not less than fifty-one per cent. of the paid up share capital is held by the Central Government,

(D) any cooperative society receiving any financial aid from the Central Government;or

(E) any society registered under the Societies Registration Act, 1860, which is subject to the control of the Central Government and which is notified by that Government in this behalf in the Official Gazette;

(i) "victimisation" with all its grammatical variations, in relation to a public servant other than a Minister, shall includ.-

(A) suspension pending inquiry, transfer, dilution or withdrawal of duties, powers and responsibilities, recording adverse entries in the service records, issue of memos, verbal abuse, all classes of major or minor punishment specified in the disciplinary rules, orders or regulations applicable to such public servant and such other type of harassment;

(B) any of the acts referred to in sub-clause (A) whether committed by the person against whom a disclosure is made or by any other person or public authority at his instance.



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