Question 3 (b) part ii

Whistle-blowing in an LLP

3 marks

Time to write
About 6 minutes
Notes
Crux notes

Question

Question 3 (b) part ii · 3 marks

Write short notes on: (3+3=6)

  1. Whistle-blowing

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

6 minfor 3 marks

Read from the question

  • short notesA note opens with the meaning, then two or three key points. No long introduction.

What the paper leaves open

The paper prints 3 marks for each of the two notes; each is answered here as a part on its own.

Write it in this order

  1. 1 Meaning of whistle-blowing 1 mark 1 min
  2. 2 Protection under section 31 2 marks 5 min

Easy marks

  • Meaning of whistle-blowing (step 1, 1 mark): a definition in one or two lines. It opens the answer, so it takes a minute or two.

Short on time? Cut step 2 short rather than leave anything out.

Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

(ii) Whistle-blowing. Whistle-blowing is the disclosure, by a partner or an employee of an LLP, of information about wrongdoing in the LLP, whether during an investigation of the LLP or outside it. Section 31 of the LLP Act, 2008 encourages such disclosure by rewarding and protecting the person who makes it.

Picture itWhistle-blowing in an LLP

1Late night at the office: two partners feed the records to the shredder—and Asha sees it.

Whistle-blowingWhistle-blowing is the disclosure, by a partner or an employee of an LLP, of information about wrongdoing in the LLP.

2She hands the blue file to the investigator; what she knows changes the case.

Reduction or waiver of penaltyHe has provided useful information during an investigation of the LLP.

3The angry partner moves to sack her—the law steps between them.

No victimisationA partner or employee may not be discharged, demoted, suspended, threatened, harassed or discriminated against.

Protection given by section 31:

  1. Reduction or waiver of penalty (s. 31(1)). “The Court or Tribunal may reduce or waive any penalty leviable against” a partner or employee of an LLP if it is satisfied that he has provided useful information during an investigation of the LLP, or that information given by him, whether or not during an investigation, leads to the LLP, or any of its partners or employees, being convicted under the LLP Act or any other Act.
  2. No victimisation (s. 31(2)). A partner or employee may not be discharged, demoted, suspended, threatened, harassed or discriminated against in any other manner in the terms of his partnership or employment merely because he provided, or caused to be provided, such information.

Where the 3 marks sit

#ComponentMarks
1Meaning of whistle-blowing1
2Protection under section 312
Total3
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