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Report No. 179

7.19 Matters excluded from the purview of the Competent Authorit.- (proposed section 6.-

Certain matters are proposed to be excluded from the purview of the competent authority such as where an inquiry has been ordered under the Public Servants Inquiry Act, 1850 or under the Commission of Inquiry Act (proposed sub section (1)).

Under proposed sub section (2), any disclosure

(a) which is made after expiry of 12 months from the date on which the action complained against becomes known to the complainant or

(b) (b) where 5 years have expired between date of 'action' complained against and date of 101 disclosure, shall not be entertained unless sufficient cause is made out for the delay in the case of disclosure falling under Clause (a).

Sub-section (3) of the proposed section 6 provides that subject to the provision of sub-section (2) referred to above, the provisions of the Act shall apply to all disclosable conduct committed before the commencement of this Act.

Sub-section (4) of the proposed section 6 states that nothing in the Act shall be construed as empowering the competent authority to question, in any inquiry under the Act, any administrative or statutory action taken in exercise of a discretion except where it is satisfied that the discretion is so exercised because of the 'disclosable conduct'.

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