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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


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