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Report No. 179 7.6 (1) Title and extent: (proposed section 1).- The name of he proposed Act will be "Public Interest Disclosure (Protection of Informers) Act, 2002. It applies also to public servants outside India. This provision has also to be read with sub-section (3) of section 6 which states that the provisions of the Act shall apply even to disclosable conduct committed before the commencement of this Act. 7.7 (2) Definitions: (proposed sec.2) (a) "action" [proposed sec 2(a)] Initially, it is necessary to define the word 'action'. This is with reference to the 'action' in regard to which a complaint can be made. The Lok Pal and Lok Ayukta Acts uniformly defined the word 'action'. In the Lok Pal and Lok Ayukta Bill of 1969 and similar enactments in the States, 'action' was defined as "action taken by way of decision, recommendation or finding or in any manner and includes failure to act and all the expressions connecting action shall be construed accordingly." On the same analogy, it is proposed to define 'action' in the proposed Bill as follows: "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."    |
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