2011

16 sections

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Public Interest Information Disclosure (Protection) Act, 2011

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The Public Interest Information Disclosure and Protection Act, 2011 protects whistleblowers who disclose information about wrongdoing in public interest in Bangladesh. It applies to any person who makes a disclosure about an act of corruption, criminal offence, miscarriage of justice, waste of public resources, or threat to public health or safety. The Act establishes a mechanism for receiving and handling public interest disclosures, including the designation of competent authorities to investigate complaints. Key mechanisms include the protection of the whistleblower's identity, protection from victimisation and retaliation including dismissal and harassment, the provision for compensation if the whistleblower suffers damage, the requirement for investigation within a reasonable time, and the right of the person investigated to be heard. Notable provisions include penalties for making false and frivolous disclosures and the requirement for the authority to maintain confidentiality. The Act represents a significant development in anti-corruption law in Bangladesh. It remains in force.

Full text · showing key sections

§ 1Short title and commencement

(1)This Act shall be called the Public Interest Information Disclosure (Protection) Act, 2011.

(2)It shall come into force immediately.

§ 2Definitions

Unless there is anything repugnant in the subject or context, in this Act—

(1)"Appropriate authority" means the head of any organization or the head of any department, directorate or office attached to or subordinate to such organization, or the head or chief executive of the divisional, regional, district, upazila or union office thereof; and the following persons or office-holders shall also be included therein, namely:—

(a) in the case of persons holding constitutional positions, the President;

(b) in the case of Members of Parliament, the Speaker;

(c) in the case of any member of the judicial branch, the Registrar of the Supreme Court;

(d) in case of involvement with corruption, the Anti-Corruption Commission;

(e) in case of involvement with government funds, the Comptroller and Auditor General; and

(f) in case of illegal or unethical acts, the officer-in-charge of the concerned police station.

(2)"Officer" shall also include any person who is or was elected, nominated, contractually or permanently appointed in any organization.

(3)"Public interest" means acts taken for the welfare or benefit of the people or any part thereof, by the Government or on the direction of the Government.

(4)"Public interest information" or "information" means such information of any organization which reveals that an officer—

(a) irregular or unauthorized expenditure of government funds;

(b) mismanagement of government assets;

(c) embezzlement or waste of government assets or funds;

(d) abuse of power or maladministration;

(e) commission of criminal offence or illegal or unlawful acts;

(f) acts harmful or risky to public health, safety or environment; or

(g) corruption—

was, is or may be involved therein.

[Explanation: In this clause, "corruption" shall have the same meaning as "gratification" in section 161 of the Penal Code, 1860 (Act No. XLV of 1860).]

(5)"Whistleblower" means a person who discloses public interest information to the appropriate authority;

(6)"Prescribed" means prescribed by rules;

(7)"Code of Criminal Procedure" means the Code of Criminal Procedure, 1898 (Act V of 1898);

(8)"Organization" means—
(a) any organization established in accordance with the Constitution of the People's Republic of Bangladesh...

§ 3Prevalence of the Act

Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall have prevalence.

§ 4Disclosure of public interest information

(1)Any whistleblower may disclose true public interest information to the appropriate authority, upon reasonable consideration.

(2)A whistleblower shall be deemed to have disclosed true public interest information for the purposes of this Act if—

(a) he has reasonable grounds to believe that the information is true; or

(b) even without reasonable grounds to believe in the truth of the information, he believes that the information may be true and it is proper to verify its truthfulness considering the importance of the information.

(3)Any information mentioned in sub-section (1) may be sent to the appropriate authority in writing, directly by hand, by post, or by any electronic medium for the purpose of disclosure.

(4)Every disclosed information shall, in the first instance, be supported by such supporting documents or materials, if any, as may establish its truth.

§ 5Protection of whistleblower

(1)Where any whistleblower discloses true public interest information under sub-section (1) of section 4, his identity shall not be disclosed without his consent.

(2)No criminal or civil case or, as the case may be, no departmental case shall be instituted against the whistleblower for disclosing true public interest information.

(3)If the whistleblower is an employee, no demotion, harassing transfer or compulsory retirement shall be imposed on him, or any such measure shall be taken that is prejudicial to his mental, financial or social reputation, or any other departmental action or discriminatory treatment shall be taken against him, solely for disclosing public interest information.

(4)Subject to the provisions of sub-section (6), information disclosed under section 4 shall not be admitted as evidence in any civil or criminal case, and the whistleblower shall not be made a witness in any civil or criminal case, and nothing shall be disclosed in the course of proceedings that may reveal or may be capable of revealing the identity of such person.

(5)If any book, document or paper forming part of the evidence in any civil or criminal case contains anything that includes the identity of the whistleblower, the court shall not permit any person to inspect that part of such book, document or paper in which such identity is recorded.

(6)Notwithstanding anything contained in this section, if during the hearing of any case it appears to the court that the whistleblower has intentionally disclosed false and baseless information, or that justice cannot be ensured in such case without disclosing the actual identity of the whistleblower, the court may disclose the identity of the concerned whistleblower and take action against him in case of false and baseless disclosure in accordance with the provisions of section 10.

§ 6Investigation and legal proceedings

(1)Where any whistleblower discloses any information to the appropriate authority under section 4, such authority shall initiate investigation into the matter or, if the matter falls within the jurisdiction of any other appropriate authority, forward it to such authority.

(2)Where any public interest information is disclosed to, or as the case may be, forwarded to the appropriate authority, such authority may itself investigate the matter or cause the matter to be investigated through any other competent authority.

(3)During the investigation of any matter under sub-section (2), the appropriate authority or, as the case may be, the competent authority may, if necessary, collect relevant information and data from the whistleblower.

(4)During the investigation or after its completion, if it appears that—

(a) the actual incident and complaint is of trivial nature, vexatious and baseless; or

(b) there are no sufficient grounds and materials to proceed with investigation and legal proceedings—

then the appropriate authority shall immediately stop the proceedings in the concerned matter, and if the matter is investigated by any other competent authority under sub-section (2), such authority shall send its report to the appropriate authority and the appropriate authority shall take decision accordingly.

(5)After completion of investigation within the prescribed time, if it is found that the complaint against the concerned officer is true and correct, the appropriate authority shall take appropriate action against him in accordance with the existing law.

(6)In case of any investigation under this section, if any investigating officer fails to complete his investigation within the prescribed time limit and requires additional time, and does not apply for extension of time with reasonable grounds, legal and departmental action shall be taken against the concerned officer.

§ 7Assistance in investigation

(1)Where any whistleblower discloses public interest information, he shall assist the police or any other investigating authority in verifying the truth of the relevant information:

Provided thatno whistleblower shall be compelled to assist in any such investigation if his life and physical safety may be endangered or he may otherwise be prejudiced.

(2)For the purposes of this Act, the appropriate authority, competent authority or, as the case may be, the investigating officer, may request assistance from any law enforcement agency or any other government authority or statutory body in the matter of investigation, and such authority or body shall provide assistance accordingly.

§ 8Notification of outcome

Where any public interest information is duly disclosed by a whistleblower to the appropriate authority, the appropriate authority, upon request by the whistleblower, shall inform him of the action taken on the basis of such information, while maintaining his confidentiality.

§ 9Punishment for violation of section 5

(1)If any person contravenes the provisions of section 5, he shall be deemed to have committed an offence under this Act, and for such offence he shall be punished with imprisonment for a minimum term of two (2) years or a maximum term of five (5) years, or with fine, or with both.

(2)If the offender mentioned in sub-section (1) is a government officer, departmental disciplinary action shall also be taken against him in addition to the punishment mentioned in the said sub-section.

§ 10Punishment for false disclosure of information

(1)If any whistleblower intentionally discloses false and baseless information, knowing it to be false or without being fully certain about the truth of the information, which is not public interest information or on the basis of which investigation or judicial proceedings are likely to be conducted under this Act, he shall be deemed to have disclosed false information.

(2)If any whistleblower discloses any false information mentioned in sub-section (1), he shall be deemed to have committed an offence under this Act, and for such offence he shall be punished with imprisonment for a minimum term of two (2) years or a maximum term of five (5) years with hard labour, or with fine, or with both.

(3)If the whistleblower is a government officer and he discloses any false information mentioned in sub-section (1), departmental disciplinary action may also be taken against him in addition to the punishment mentioned in sub-section (2).

§ 11Application of Code of Criminal Procedure

Unless there is anything different in this Act, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall apply in respect of institution, investigation, trial and disposal of cases of offences.

§ 12Cognizability, non-compoundability and bailability of offences

The offences under this Act shall be cognizable, non-compoundable and bailable.

§ 13Conversion of fine to compensation

Notwithstanding anything contained in any other law for the time being in force, the appropriate court may, in lieu of the fine imposed under section 10, treat the same as compensation for the person prejudiced by the false or baseless disclosure of information by the whistleblower, and the amount of fine or compensation shall be recoverable from the convicted whistleblower.

§ 14Reward or recognition, etc.

Where any complaint or offence brought under this Act on the basis of information of a whistleblower is proved by the court, the appropriate authority may confer appropriate reward or recognition upon the concerned whistleblower.

§ 15Power to make rules

The Government may, for the purposes of this Act, make rules by notification in the official Gazette.

§ 16Publication of authentic English text

(1)After this Act comes into force, the Government may, if necessary, publish an authentic English translation of this Act by notification in the official Gazette.

(2)In case of discrepancy between the Bengali and English texts of this Act, the Bengali text shall prevail.