26 Aug 2010 19:13 IST
The Public Interest Disclosure and Protection to Persons making the Disclosure Bill, 2010, was tabled in the Lok Sabha today by Sh. Prithviraj Chavan, Minister of State for Personnel, Public Grievances and Pensions. The Bill is a stand alone legislation to, inter-alia, provide-
(a) for bringing within the scope of the Bill, public servants being the employees of the Central government or the State Government or any corporation established by or under any Central Act or any State Act, Government Companies, Societies or local authorities owned or controlled by the Central Government or the State Government and such other categories of employees as may be notified by the Central Government, or as the case may be, the State Government, from time to time, in the Official Gazette;
(b) adequate protection to the persons reporting corruption or wilful misuse of power or wilful misuse of discretion which causes demonstrable loss to the Government or commission of a criminal offence by a public servant;
(c) a regular mechanism to encourage such person to disclose the information on corruption or wilful misuse of power or wilful misuse of discretion by public servants or commission of a criminal offence;
(d) the procedure to inquire or cause to inquire into such disclosure and to provide adequate safeguards against victimisation of the whistler-blower, that is the person making such disclosure;
(e) safeguards against victimisation of the person reporting matters regarding the corruption by a public servant;
(f) punishment for revealing the identity of a complainant, negligently or malafidely;
(g) punishment for false or frivolous complaints.
The details of the contents of the Bill will be available on the DOPT website shortly (www.persmin.nic.in).
Background of this legislation:
Corruption is a social evil and one of the impediments felt in eliminating corruption in the Government and the public sector undertakings is lack of adequate protection to the complainants reporting the corruption or wilful misuse of power or wilful misuse of discretion which causes demonstrable loss to the Government or commission of a criminal offence by a public servant.
The Law Commission of India had in its 179th Report, inter-alia, had recommended formulation of a specific legislation to encourage disclosure of information regarding corruption or mal-administration by public servants and to provide protection to such complainants. The Second Administrative Reforms Commission in its 4th Report on “Ethics in Governance” also recommended formulation of a legislation for providing protection to whistle blowers.
The Government of India had issued a Resolution No. 89, dated the 21st April, 2004 authorising the Central Vigilance Commission as the designated agency to receive written complaints from whistle-blowers. The said Resolution also, inter alia, provides for the protection to the whistle-blowers from harassment, and keeping the identity of whistle blowers concealed. It has been felt that the persons who report the corruption or wilful misuse of power or wilful misuse of discretion which causes demonstrable loss to the Government or commission of a criminal offence by a public servant need statutory protection as protection given to them by the said Resolution of the Government of India would not suffice. It was decided by the Government to enact a stand alone legislation. ***** RS/-
"Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010” Tabled in Lok Sabha
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