REGISTERED No.

3"
L.-7646

tat gmette of flaithstatt

EXTRAORDINARY
PUBLISHED BY AUTHORITY

ISLAMABAD, TUESDAY, NOVEMBER 7,2017

PART I

Acts, Ordinances, President's Orden. and Regulations

SENATE SECRETARIAT

Islamabad. Ow 66 November, 2017

No. F. 9(23)2017-Legis.—The following Act of Alpilis-e-Shoora

(Parliament) received the ascent of the President on and November, 2017 and is
hereby published for gmeral information:—

AnNo X XXVI m2017

An AO to providr a mechanism for public Inlerest disclosures WU( protection of

persons making such disclacuree

WHEREAS it is expedient to provide a mechanism for public interest

disclosures to proynt corruption and corrupt practices, protect persons making
such disclosures and for mattsm connected Therewith or ancillary thereto

. It is hereby enacted as .

05891

Price: Rs 10.50
[1918(2017) Ex Dual
I g90 THE GAZEl It OF pAKI TPA., N MBER 1. 2017 [Pun

CI IAPTER I

PRELIMINARY

Short title, extent and commencement 1) This Act may be

called the Public Interest Disclosures Auk MIT

(2) It extends to the whole of Pakistan.

ri) It shall come into force at once

Deftnitions.—In this Ack unless there anything repugnant in the

subject or context.--

(a). -Competent Authority' means he respective Head of the

Organtation,

(b) "complainant- means a person •making complaint relating to

disclosure under this Act;

(0 -disclosure" means a complaint relating to,—

(i) willful misuse of power or willful misuse of discretion by

virtue of which substantial loss is caused to the Government
or substantial wrongful gain accrues to the public servant or
to third party: arid

(if) commission of or an attempt to commit an offence of

corruption or &irrupt practices as defined in the National
Accountability Bureau Ordinance, 1999 ENV III of I 9999 or
any other law relating to conniption and includes the offence
cornmined through electronic mail or device

(e) Government- means the Federal Gokemment.

(d) "Head of Organization" means the Head of Ormmization

concerned with disclosure:

(0 a Ministry, Division Department or an Office of the

Government;

(ii) a corporation. CUMPulY, body. an institution or entity

controlled or established by the Government;
Pan p THE GAZOITE OF PAKISTAN, EXTRA.. NOVEMBER 7, 2017 1591

institutions established under the Constitution except the

institudons which exclusively relate to Province;

any other public sector authority. body, institution or entity

not covered under paragraphs •(0 and (iii) above which the
Government may, by notification in the official Gazette.
specify for the purposes of this Act

any private sector body, company or entity including NCIOs

ol' AaliOnai and public impoitance which the Government
may, by notification in the offinial Gann°, specify for the
purposes of this Act,

"person'. means any person who is., or has been holding or has held. n
post or office in any public corporation, bank, financial institution,
undertaking or other organization established. controlled or
administered by or under the authority of Government;

"public servant" for the purposes of this Act means a public

servant as defined in section 21 of the Pakistan Penal Code. 1860
(Act VA' of I 860) and includes an employee of any corporation
or other body or organization setup, controlled or administered by,
or under the authority of the Government; and

(Et 'prescribed" moans prescribed by rules made by the Government

under this Act.

CHAP] Eft II

PUBLIC INTEREST DISCLOSURE AND INQUIRY IN RELATION

THERETO

3. Public interest disclosure.-- (1) Any person may make a public

interest disclosure before the Competent Authority.

A disclosure under sub-section (1) shall he Inade in good

Faith and shall be substantiated by a dcalaration that the information being disclosed
or allegations being leveled by him are aue to the best of his knowledge and belief.

The disclosum shall he in ilie procvibed form and duly

supported by relevant documents. or other materials, if any.

The Competent Authority may, if' it deems fit. call %r

JO rther information or partieulam from the Cornplainant.
1592 ]HE GAZETTt OF PAKISTAN, EXTRA NOVEMBER 7, 2017 [ErtaT I

Anonymous or pseudonymous disclosures shall not• be

entertained or processed by the Competent Authority.

The Competent Authority may designate or appoint such

officers as may be notified any officer not below BPS-I 7 or equivalent to
receive complaints.

4. Preliminary inquiry.—The Competent Authority shall conduct a

preliminary inquiry into the disclosure to ascertain the identity and credibility of
the Complainant in prescribed manner.

5. Matters not to be inquired by Competent Authority—The

Competent Authority shall not inquire into following matters,namelx—

any matter specified or an issue raised in a disclosure has been

determined by a court or tribunal authorized to determine the same; or

matter in respect of which a formal and public inquiry has been

ordered under the law;

in respect of.a matter which has been referred for inquiry wider the
law.

(2) Nothing in this Act shall be construed as empowering the

Competent Authority to question. in any inquiry under this Act, any bunco fide
action or harm fide discretion including administrative or statutory discretion
exercised in discharge of duty by the employee or person concerned.

6. Exemption from disclosure.— Disclosure shall not be made if the

infonnation.—

(i) is likely to prejudicially affect,—

the sovereignty and integrity of Pakistan;

the security, strategic or economic intermts of the Pakistan: or

relations with foreign stains;

(ii) may lead to incitement to offence:

(iii) contains Cabinet or Cabinet Committees papers including records

of deliberations of the Cabinet Ministers, Secretaries and other
offices except as permitted by the Cabinet Secretary:
Pi'acr II THE CALCITE OF PAKISTAN EXTRA, NOVEMBER]. 2017 1593

has been expressly forbidden to be published by a court or tribunal.

or if the disclosure of information may result in• contempt of court;

cause a breach of privilege of Parliament or Provincial Assembly;

(v0 relates to trade secrets, intellectual property (and such disclosure

would harm a competitor), except ir such information is permitted
under the law relating to right of information:

is available to the person making the disclosure in his fiduciary

capacity, except if such information is permitted under the law
relating to right of information;

is received in confidence from a foreign government;

impede the process of investigation or apprehension or prosecution

of offenders;

endanger the life or physical safety of a person, or identify the

source off information given in confidence for law enforcement or
sway purposes; and

contains disclosure of personal information and it has no

relationship with any public interest or if it causes unwarranted
invasion of privacy, except if it is permitted under the law relating
to right of information.

CHAPTER HI

COMPETENT AUTHORITY

7. Powers of Competent Authority.—(1) For Me purpose of inquiry

(including lb e preliminary inquiry), the Competent Authority shall have all the
powers of a Civil Court while Eying a suit under the Code of Civil Procedure,
1908 (Act V of 1908. 1 in respect of the following matters, namely.—

summoning and enforcing the attendance of any person and

examining him on oath;

requiring the discovery and production of any documenn

receiving evidence on affidavits;

requisitioning any public record or copy thereof from any court or

°Mem
 i504 Fl IL cAZin IP Of PAKISTAN. EXI RA NOVFMRFR 2017 [PART t

(C) issuing contmissions for the examination of witnesses or

documents: and

(I) such other matters as may be prescribed.

The Competent Authority shall be deemed to be a civil court for

the purpose of section 195 and Chapter XXVI of the Code of Criminal
Procedure. 1898 (Act V of 1898), and every proceedine before The Competent
Authority shall be deemed to be a judicial proceeding within the meaning of
sections 183 and 228 and section 196 of the Pakistan Penal Code. 1860 (Act
XLV of 1860).

No claim for ally privilege etc., shall be accepted in a proceeding

under this Act.

'The Ctornpetent Authority. shall take all necessary steps to protect

the disclosure of identity ante Complainant while proceeding under this Ad.

Organizations de., lo establish systems—All oreanization shall

establish proper and adequate systeins for dealing with inquiry and processing of
diselostires.

All authorities to assist Coinpelent Authority.—For the purpose

of making discreet inquiry or obtaining information from the organization
concerned, the Competent Authority may take assistance of the Police
authorities or any other authority or agency as may be considered necessary, to
render necessary astisliince to complete. the inquiry within the prescribed time
pursuant' to the disclosure received by the Competent Authority. A person who
makes disclosure shall also assist in the inquiry under this Act.

Cl IAPTER TV

PROTECTION OF CONIPLALNANT AND WITNESSES

Protection against adverse actions ctc.—(I) -Fhe Government

shall covert: that neither any adverse action shall be taken against a Complainant
nor shall he he victimized by initiation of any proceedings or otherwise merely
on the pound that he made a disclosure or rendered assistance in inquiry under
this Act. A person shall be considered victimized if,—

(i) dismissed;

suspended;

(iii) denied promotion;

Path- FE 111F (JAILIll_ OF PAMS rAN, F XTR A bOb BLit 7 71J17 '59(

(1V) demoted;

(V) made redundant:

(v1) harassed(

inlimidateth

threatened with any of the matters set out in (i) to (vii); and

subjected to a discriminatory or other adverse measure by the

employer or a fellow employee.

If any person is being victimized or likely to be victimized on the

bask of his filing a complaint or making a disclosure or rendering assistance in
inquiry under this Act, he may make an application to the Competent Authority
seeking redress in alto mercer, and such authority shall take such action, as
deemed fit and may give suitable directions to the concerned public servant or
the Organization. as the case may be, to protect him from being victimized or
avoid his victimization.

The Competent Authority shall. before giving any such direction to

the Organization, give all opportunity of hearinn to the complainant and the
Organization,.as the case may be:

Provided that in auy such hearing, the burden of proof that the alleged
action on the part of die Organization is not victimisation, shall lie on the
Organization.

•Ile Organization shall be bound by every direction given under

sub-eel:lion CO.

Notwithstanding anything contained in any other law for the thne

being in force, the power to give directions under sub-section (2). in relation to a
public servant, shall inelude the power to direct the restoration of the public
servant making the disclosure, to the status quo unie.

Any person who willfully does not comply with the direction of the
Competent Authority under sub-section (2), shall be liable to a penalty which
may extend up to five hundred thousand rupee.

II. Protection of witnesses etc.- If the Competent Author it, either

on the application of the complainant, or witnesses, or on the basis of
information gathered, is of the opinion [hal either the complainant or public
servant or the witnesses or any person rendering assistance for inguith, under this
Act need protection, the Competent Authority shall issue appropriate directions
1596 •I IIE GAZOFTE OF PAKISTAN, k,X IRA , NOVEMI1ES 7, 2017 [PART'

to the concerned Government authorities (including Police) which shall take

necessary steps, through is agencies, to protect such complainant or public
servoit or persons eoncerned

12 Protection of identity or complainant—The Competent Authority

shall, nonvithsumding any law for the time being in force, conceal, as required under
this Act, the identity of Me complainant god the documents or information furnished
by him, for the purposes of inquiry under this Act, unless decided otherwise by the
Competent Authority itself or it became necessary to reveal or produce the same by
virtue of the order of the court

Power to issue interim ordern—In case the Competent Authority

is of the view that after disclosure, any corrupt practice is required to be stopped,
during the pendency of any inquiry it may pass such interim orders as deem
appropriate, to prevent the continuation of such practice.

CHAPTER V

OFFENCES AND PENALTIES

Penalty for furnishing incomplete or incorrect or misleading

comments or expianation or report.—(l) Where the Competent Authority is
of the opinion that the Organization ur official concerned has not furnished the
report within the specified time, without any reasonable cause, or malafidely
refused to submit the report or knowingly submitted incomplete, incorrect or
misleading or false report or destroyed record or information which was the
subject of the disclosure or obstructed in any manner in thrnishing the report. it
may impose where the Organisation or olTicial concerned

without any reasonable cause, has not furnished the report within
the specified time or rnalafldely refused to submit the report_ a
minimum penalty which may extend to tenS thousand rupees for
each day till report is furMshed:

has knowingly given incomplete_ incorrect or misleading or false

report or destroyed record or information which was the subject of the
disclosure or obstructed in any manner the furnishing of the n:pon, a
penalty which may extend to one hundred thousand rupees:

Provided that no penalty shall be imposed against any person

unless he has been given an opportunity of being heard.

(2) Any person aggrieved by order of Competent Authority under

sub-section (I) may within thirty days of order prefer an appeal to the next higher
authority or an authority a: may be prescribed for the purposes antis section.
 Poi I] THE GAZETTE OF PAKISTAN, EXTRA., NOVEMBER 7, 2017 1597

I. Punishment for revealing identity of complainant —Any person.

who negligently or malafidely reveals the identity of a complainant shalt without
prejudice to the other provisions of this Act, be punishable with imprisonment for
. a term which may extend to six months or with fine or with both.

Punishment for false or frivolous•diselesure.—Any person who

makes any disclosure malafidely and knowingly that it was incorrect or false or
misleading shall be punishable with imprisonment fort term which may extend to
one year and also to fine which may extend up to one hundred thousand rupees.

Punishment for Head of Organization.—(1) Where an offence

under this Act has been committed by any Organization of Government, the.
Head of the Organization shall be liable unless he proves that the offence was
. committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an

offence under this Act has been committed by an Organization of Government
and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any officer, such officer shall also be deemed
to be guilty of that offence and shall be liable to he proceeded against and
punished accordingly.

IS. Offences by companies.—(1) Where an offence under this Act has

been committed by a company every Berson who at the time of commission of
the offence was in charge of, and was responsible to the company for the
conduct of the business of the company as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:

Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the
offence was committed without his knowledge or that he has exercised all due
diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), where an

offence under this Act has been committed by a company Sand it is proved that
the offence has been committed with the consent or connivance of. or is
attributable to. any neglect on the part of any director. manager. secretary or
other officer of the company, such director, manager, secretary or other officer
shall also be deemed to he guilty of the offence and shall he liable to be
proceeded against and punished accordingly.

Explanation.— For the purposes of tint seetionc

1598 THE GAZETTE OF PAKISTAN. EX IRA , NOVEMBER 7, 2017 Wert I

(a) s company- ItICIEEns any body uorporate and inc Eu des a firm or
other association of individuals, and

HO -director'. In relation roe tem, means a paHner in the firm

19. Court taillike cognizance-41).Na notirkshall pike cognizance of

any offence punishable iunder this Act or the rules or regulations made
thereunder, except on. a complaint made by the Competent Authority .or any.
officer or person authorized by it in wridng.

No court inferior to that of •a Cote of Sessions khan try any

offence punishable under this AO and OH provisions of the Code of Criminal
Procedure, 1893 (Act V of 1898) shall. IIIIaLdIZI mutandis, apply 10 the trial of
such offences.

No Court shall have jurisdiction in respect of any matter which the

Competent Authority is empowered by or under this Act to determine and no
injunction shall he panted by any court or other authority in respect of any action
taken or to he taken in pursuance of nny•power conferred by or under this Act.

CIIMOER VI

MISCELLANEOUS

20. Protection of action taken in good fitith.—No suit, prosecution

or other legal proceedings shall lie against the comment ALLthprity or against
any officer, employees, agency or person acting on its behalf or any other
person, in respect of knotting which is its good faith done or intended to be done
under this Act.

21. Export on disclosures--H I) The Competent Authority shall

prepare a consolidated animal report of the perromianeti of ilf ticlivitics in such
form as Luny be prescribed and forward it to the Gout:outrank

Provided that Identity of the cc (II planiam if not necessary nhidl nrs be
disclosed in the Report

(2) On receipt of GIL ...meal report under oisbNecIton (1), the

Government shall cause a copy thereof to be laid before each House of Parliament.

22. Power. of Government In make rulcs.-0 ) De Gm comsat

may, by metrication in the official Colette, make rules , tor carry mg out the
purposes of this Act

(2) In pelcuular, and without prejudice to the generality of the foregoing

potter. such Mies may provide for all orally of the following matters, namely;'-
PARE Il THE GAZffil E OF FAKES I AN. VC fRA NOVEMBER 7. 2017 1599

the procedure for disclosure under section 3;

the manner mid the time within which the inquiry

shall be conducted by the Competent Authority;

the additional matter in respect of which the Competent Authority

may exercise the powers of a Civil Court under section 6;

the loon of annual report under sub-section (1) of section 21,

promoting awareness mechanism for protection of persons making

public interest disclosures and the financial incentives which may
be offered to such persons; and

(f) any other matter which is required to be, or may be, prescribed.

23. Power of Competent Authority to make regulation:n-11m

Competent Authority may. with the previous approval of the Government, by
notification in die Official Gazette, make regulations not inconsistent with the
pmvisions of the Act and the rules made thereunder to provide. for all matters for
which provision is expedient for the purposes of giving effect to die provisions of
This Act.

24 Rules to be laid before Parliament—The rules made by the

Government under this Act shall be laid, as soon as may be filar they are issued,
before each House of Parliament.

Overriding effect—The provisiods of this Act shall have effect

notwithstanding anything contained in any other law for the time Inek

Removal of difficulty—(t)1f any difficulty arises in giving effect

to any of the provisions of the Act, the Government may. by order not
inconsistent with the provisions of this Act remove the difficulty:

Provided that no [HMI order shall be made after the expiry era period of
three years frarn the date of the commencement of this Act.

(2) Every order made under this section shall, as soon as may he after
it is made, be laid before each House of Parliament.

AMJED PERVEZ,
Secretary

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