Report No. 179
The Public Interest Disclosure and Protection of Informers
| Contents |
| Chapter I |
Introductory |
|
Reference |
|
Scope of the Report |
| Chapter II |
Phenomenon of Corruption: Causes and effects |
| (a) |
Supreme Court's views on Corruption |
| (b) |
Meaning of the word 'Corruption' |
| (c) |
Causes of corruption |
| (d) |
Effects of corruption |
| (e) |
Transparency International and Corruption Perception Index |
| Chapter III |
Eradication of Corruption and whistle Blowing |
| (A) |
Methods employed for taking action against corrupt public servants |
| (B) |
Gathering information about corrupt public servant |
| (C) |
Whistle blowers |
|
Method of detection of proven fraud and corruption in the NHS, over three years to 1994 |
| Chapter IV |
Freedom of Speech, Right to Know and Right to Privacy |
|
Freedom of Speech, Right to Know and Right to Privacy |
| Chapter V |
Judicial Protection to whistle Blowers In U.K, European Union and USA |
|
English Courts |
|
The learned law Lord also observed |
|
European Court and Commission |
| Chapter VI |
Statutory Protection to whistle Blowers in UK, Australia, New Zealand and USA |
| (A) |
United Kingdom |
| (B) |
Australia: Public Interest Disclosure Act, 1994 |
| (C) |
New Zealand: The Protected Disclosure Act, 2000 |
| (D) |
United States of America |
|
Mr. M. Devine, in the article referred to, states |
| Chapter VII |
The Proposed Bill and Its Basis |
|
Earlier efforts |
|
The Administrative Reforms Commission Report 1967 and the Lok Pal and Lok Ayukta Bill |
|
Title and extent |
|
'Competent Authority' |
|
'disclosure' |
|
'disclosable conduct' |
|
'Prescribed' |
|
'public servant' |
|
Public Interest Disclosure |
|
Procedure on receipt of Public Interest Disclosure |
|
Procedure of Inquiry |
|
Matters excluded from the purview of the Competent Authorit |
|
Powers of Competent Authority |
|
Report on Disclosur |
|
Periods of limitatio |
|
Safeguards against victimization |
|
Transfer of public servant for avoiding victimization |
|
Protection of witnesses and other persons |
|
Power to issue interim order |
|
Burden of proof in certain cases |
|
Protection of action in good faith |
|
Punishment for False or Frivolous Disclosures |
|
Rule making power |
| Annexure |
The Public Interest Disclosure (Protection of Informers) Bill 2002 |
| 1. |
Short title and extent |
| 2. |
Definition |
| 3. |
Requirements of a Public Interest Disclosure |
| 4. |
Procedure on receipt of Public Interest Disclosure |
| 5. |
Procedure of Inquiry |
| 6. |
Matters not subject to inquiry by Competent Authority |
| 7. |
Powers of the Competent Authority |
| 8. |
Report on disclosures |
| 9. |
Time limit for completion of inquir |
| 10. |
Safeguards against victimisation |
| 11. |
Transfer of Public Servant for avoiding victimisation |
| 12. |
Protection of witnesses and other person |
| 13. |
Power to pass interim order |
| 14. |
Burden of proof in certain case |
| 15. |
Protection of action taken in good faith |
| 16. |
Punishment for False or Frivolous Disclosure |
| 17. |
Power to make rules |