ABILL

to provide/or the establishment ofthe Khyber PakhtunkhwaWhistleblower Protection and Vigilance Commission

in the Province of/he Khyber Pakhtunkhwa.

WHEREAS it isexped\ent to provi_qeJorthe establishment of theKhyber Pakhtunkhwa Whistleblower Protection arid Vigilance Commission toenable the citizens of the Khyber Pakhtunkhwa to make public interestdisclosure that relates to the irregular, illegal or corrupt practices and toprotect them from disadvantageous measures, give them rewards for suchpublic interest disclosure and for matters connected therewith and ancillarythereto;

It is hereby enacted as follows:

Short title, extent and commencementr-(1) This Act may be calledWhistleblower Protection and Vigilance

(2) It shall extend to the whole of the Province of the KhyberPakhtunkhwa.

(3) It shall come into force on such date as the Government may, bynotification in the Official Gazette, appoint and different dates may beappointed for different provisions of this Act.

2. Definitions.---In this Act, unless the context otherwise requires, thefollowing expressions shall have the meanings hereby respectively assigned tothem: ~

(a) "agency" means a company, a firm, an association,corporation, commission, council, any other body oroffice or a non-governmental organization;

(b) "Chairman" means the Chairman of the Commission;

(c) "Commission" means the Khyber PakhtunkhwaWhistleblower Protection and Vigilance Commissionestablished under section 3 of this Act;

(d) "Commissioner" means the Commissioners appointedunder this Act and includes the Chairperson;

(e) "corruption or corrupt practices" shall have the samemeariing as given to them in the Khyber PakhtunkhwaEhtesab Commission Act, 2014 (Khyber Pakhtunkhwa.Act No. I of2014); ..

(f) "Disadvantageous Measures" means and includes thefollowing actions:

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(i) removal from office, release from office,dismissal or any other unfavorable personalaction equivalent to the loss of status atwork;

(ii) disciplinary action, suspension from office.

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reduction in pay, demotion, restriction onpromotion tlnd any other unfair personalactions;

(iii) work reassignment, transfer, denial ofduties, rearrangement of duties or any otherpersonal actions that are against theWhistleblower's will;

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( ivy discriminationevaluation,discriminationbon uses, etc.;

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etc.in the

the performanceand subsequent

payment of wages,

cancelation of education, trairung or otherself-development opportunities; therestriction or removal of budget, work forceor other available resources, the suspension;of access to security information orclassified information; the cancelation ofauthorization to handle security informationor classified information; or any otherdiscrimination or measure detrimental tothe working conditions of theWhistleblower;

(vi) putting the Whistieblowers name on ablack list as well as the release of such ablacklist, bullying, the use of violence andabusive language, or any other action thatcauses psychological or physical harm;

(vii) unfair audit or inspection of thewhistleblower 's work;

(viii) cancellation of a license or permit, or anyother action that causes disadvantage to thewhistleblower;

(IX) termination of contract for goods orservices, or any other measure that causesfinancial losses to the whistleblower;

(x) intimidation; and

(xi) threat of any of the above.

(g) "Government" means the Government of the KhyberPakhtunkhwa;

(h) "prescribed" means prescribed by rules and regulations;

(i) "Public Interest Disclosure" means any declaration ofinformation by any individual or by an agency whoreasonably believes that such information may prevent-

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(i) an action that infringes or likely to infringe thehealth and safety of the public, the environment,consumer interests, fair competition; or

(ii) an action that of corruption or corrupt practices; or

(iii)· an' action that tends to show that a criminal offenceor other unlawful act has been committed or islikely to be committed; or

(iv) an action that may lead to the occurrence ofmiscarriage of justice-

And all such actions are subject to any penal provisionsunder any law for the time being in force .

.) "regulations" mean regulation made under this Act;

(k) "rules" mean rules made under this Act;

(1) "violation of public interest" means the violation of anyaction as provided in the definition of disclosure of publicinterest under this Act irrespective of the fact that the lawapplying to the violation is that of the KhyberPakhturikhwa or of the Federal Government; and

(m) "Whistleblower" means a person or an agency, whodiscloses the public interest informationunder this Act.

3. Establishment of Whistleblowers Protection and VigilanceCommission.---As soon as, after the commencement of this Act, Governmentshall establish a Commission, to be known as the KhyberPakhtunkhwaWhistleblower Protection and Vigilance Commission.

4. Composition of the Commission.---(l) Subject to sub-section(3), theCommission shall consist of three Commissioners, including a Chairman,

.appointed by the Government for a period of three years from the day theyenter their offices and shall not be eligible for reappointment for a second

.term.

(2) No act or proceedings of the Commission shall be invalid byreason of absence of a Commissioner or existence of any vacancy among itsmembers.

(3) A person shall not be appointed as Commissioner unless he:

(a) is a citizen of Pakistan;

(b) is the permanent resident of Khyber Pakhtunkhwa;

(c) is an individual with reputation of high integrity andcompetence;

(d) is honest and a person with a good character;;.•.. ,"

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(c) is IlIcl)(,dly sound;

(i) \1,IS d lsacncl or's Degree and has at least fifteen (IS)years' experience in the field 01" law, or professionals orhigh repute from civil society or has remained a PublicOffice Holder Cor at least twenty years:

(g) is minimum forty five years of age during the year ofappointment or selection;

(11) declares his assets as per requirement of this Act and;

(i) is not a defaulter of Government dues, utility expenses ortl bank.

A Commissioner shall cease 10 hold office if be-

(a) bas been convicted of an offence involving moralturpitude;

(0) has been declared by a Medical Board to be physically ormentally unfit to carry out his functions;

(c) does not attend five consecutive meetings of theCommission without leave of the Commission; or

(d) has been declared insolvent, defaulter of Governmentdues, utility bills or a banking institution during the termof his office.

(5) l\ Commissioner may, by writing under his hand, addressed tothe Government, resign from his office.

(6) A Commissioner shall not, at the time of appointment:

(a) hold any other office in the service of Pakistan orprovince, unless he resigns from such office before thetime of his appointment; or

(b) occupy any other position which may carry conf1ict ofinterest.

(7) DUling his term in office, if a Commissioner has any interest inany matter to be discussed, inquired, investigated or decided by theCommission, he shall, prior to any discussion of the matter, disclose in writingto the Commission, the fact of his interest and the nature thereof.

(8) In connection with the performance of functions under this Act,Government may allow such honoraria and allowances to the Commissioners,as maybe prescribed.

5. Powers and functions of the Commission.---(l) The Commissionshall have the powers to-

(a) approve organizational structure and positions to be filledin by employees appointed under this Act;

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(b)

(c)

(d)

(e)

\ (f)

approve annual budget of the Commission;

conduct proper and transparent inquiry under this Act andmake recommendations to the concerned authorities fortaking action against individual or agencies for violationof public interest under the relevant laws;

appoint employees of the Commission and prescribeterms and conditions of their service and approve thehuman resource policy of the Commission;

seek full and complete assistance and call for all or anydocuments and information relevant to or in connection

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with any matter or inquiry pending before theCommission;

during the course of an inquiry of an action in violation ofpublic interest under this Act-

(i) call for information from any person for thepurpose of determining whether there hasbeen any violation of the provisions of thisAct or any rule or order made thereunder;

.(ii) require any person to produce or deliver

any document or item useful or relevant tothe inquiry un~er process; and

(iii) direct the relevant department to depute anyperson acquainted with the facts andcircumstances of the case beinginvestigated;

(g) appoint advisors, consultants and experts, on payment ofsuch fee or remuneration as may be determined by the

----- ---~--- ---Govel1ln:rem,-oll-rl'nnecommendationof the Chairman ofthe Commission, to assist him in discharge of his dutiesunder this Act; and

(h) exercise such powers and functions as deem necessary forthe implementation of the provisions of this Act.

(2) The Commission may delegate any of its powers and functionsto any officer of the Commission, as it may deem appropriate.

6. Meetings of the Commission.---(l) For any meeting of theCommission, two Commissioners including the chairman shall constitute aquorum.

(2) All decisions of the Commission shall be. taken by majority ofthe Commissioners except as may be otherwise specified-in this Act.

(3) Commission may in the prescribed manner, determine theprocedure of meetings, recording of minutes and other allied matters in thisrespect.

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7. PO'll'rS and functions or Chairman.---( 1) Chairman shall he:c:c;p(IJ\;;ihk f()r the .luy \u day operation and administration of theCllllll1lissillll, lIllkss illilclWisc provided in this Act.

U) (hainll<ll\ shall be the Principal Accounting Officer of theCu J 11 J1l iS~; ion.

(~J Chairman may, with the approval of the Commission re-;lpprul'ridtc i'l.ll1ds Croll! one head to another head of account or sanction':.''lx:nliittll\; Iwm within the budget allocated to the Commission.

8. Financial Autonomy.··--': l ) The remuneration payable to theCommissioners other employees. staff and administrative expenses of theCommission shall be .in expenditure charged upon the Provincial

\ Consul idaicd Fund.

t':.i,;;··,,2~'~ (-n Con:l1\ission shall maintain complete and accurate books of, .\ ....'\,.... ~~ .. ,<" accounts 111 such forms as may be prescribed by It.

'3~~")~~~/' ~"~'",' \ (5) In the mouth of March every year, the Commission shall submit

'\,,'~~.' to Government a statement for ihe estimated receipts and expenditure in\," . ""-....~c:.;pcct or' the next financial year.

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(()) The accounts of the Commission shall be audited every year bythe Auditor General of Pakistan.

9. Inquiry in relation to Public Interest Disclosure.c-ctl ) The officerduly authorized by the Commission shall upon receipt of the Public InterestDisclosure and after concealing the identity of the Whistleblower may, make apreliminary inquiry in such a manner and within such a time as may beprescribed to ascertain whether there is any basis for proceeding further,

(2) Ir alter preliminary inquiry, the concerned officer is of the viewthat-

(i) the matter requires further inquiry, it shall after theapproval from the Commission, start formal inquiry in theprescribed manner and may pass such interim order as itmay deem fit to prevent immediate violation of publicinterest; and

(ii) the facts and allegations contained in the disclosure arefrivolous, vexatious or not made in good faith may, afterapproval from the Commission stop further inquiry in thematter:

Provided that an opportunity of being heard shall be given to theWhistleblower.

10. Actions in violation of public interests.c--f l ) Where a Whistleblowerdiscloses violation of public interest, the officer of the Commission dulyauthorized in this behalf after inquiry into the matter is of the view that theviolation of public interest has taken place, immediately take steps to preventsuch violation of public interest. . ,

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(2.) Where the authorized officer is of the view that the violation ofpublic interest has taken place may, with the approval of the Commission,refer the matter to the concerned authorities in the Province for takingappropriate action under the relevant laws.

11. Protection to the Whistleblower.---( 1) Commission shall ensure thatno Wnistlcbiower is victimized by Disadvantageous Measures orotherwise.mere! y on the ground that such Whistleblower had made a Public InterestDisc iosure or rendered assistance in inquiry under this Act.

(2) If a Whistleblower is being subjected to DisadvantageousMeasures or likely to be subjected to Disadvantageous Measures on theground that he has made Public Interest Disclosure, he may file an applicationbefore the Commission seeking redressal in the matter. The Commission maypass such orders to the concerned authority as deem appropriate.

(3) Every order given under sub-section (2) by the Commissionshall be binding upon the concerned authority against whom the allegation of

, ... \~~ ::o01i:::::::, :,::n :~::::ments....(I) After inquiry>if it has been proved~<" ~.-:~~.><J that a Whistleblower has rightly disclosed the violation of public interest, shall

\. "<,~m~'~';~~-\',be rewarded thirty (30) percent of the recovered amount and certificate of

~~ f.- . appreciation.

• :>. .~ 5 ~""~t :3' 'Explanation: For the purpose of this section, the whistleblower means Ithe< ~ person which does not include agency as defined under clause (n) in section 2o of this Act.

(2) After inquiry, if it has been proved that a Whistleblower haslodged frivolous or rnelafide complaint, he shall be liable to a fine of rupeesone iac (Rs. 1,00,000/-).

13. Imposition of fine.---(1) Any person or agency, who willfully does notcomply with the directions of the Commission, shall be liable tc a fine whichmay extend to rupees twenty-five (25) thousands and 2 years imprisonment.

(2) If the Commission after inquiry is of the view that any personhas revealed the identity of the Whistleblower, may impose a fine which mayextend to rupees twenty-five (25) thousands and shall be paid to thewhistleblower.

(3) The fine collected under sub-section (2) of section 12 and sub-section (1) of this section, shall be made part of the public accounts.

14. Annual report.---( 1) Commission shall prepare a consolidated annualreport of the performance of its activities in such a form as may be prescribedand submit it to the Government preferably in the last month of the year.

(2) The annual report shall be laid before the Provincial Assemblyfor consideration.

15. lndemnity.---No suit, prosecution or other legal proceedings shall lieagainst the Commission or against any officer, employees, agency or personacting on its behalf, .in respect of anything which is in good faith done orintended to be done under this Act. .

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16. Power to make rull's.---Thc Government may, by notification in the:l:lic:i(il (i;l/dtc, 1lI;J!;c 1"1Ik:-. I'm the purpose of carrying. out the provisions of1:1:S /\C1.

: 7. Power to make rcgulation.---Commis<;ion may make regulations, not~:~:,:~',::f"::::\inconsistent 'with the provisions or this Act., ', .<,~.~

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STr\TEMI~NT Of OBJECTS AND REASONS

l t is desirable to establish the Khyber Pakhtunkhwa WhistleblowerProtection and Vigilance Commission in the Province of the KhyberP,il-,htulI\.;hwCl to enable the citizens or the Khyber Pakhtunkhwa to makepuhlic interest disclosure that relates to the irregular, 1I1egaJ or corruptpractices and to protect them from disadvantageous measures, give themrewards fur such public interest disclosure, Hence, this Bill.

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MINISTER-IN-CHARGE

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