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 |