Question 4 OR (c) part ii

Whistle blower in an LLP

3 marks

Time to write
About 6 minutes
Notes
Crux notes

Question

Question 4 OR (c) part ii · 3 marks

Write a note on:

  1. Whistle Blower

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

  • Write a noteA note opens with the meaning, then two or three key points. No long introduction.

What the paper leaves open

Only a combined mark of 18 is printed for parts (a) to (c); each part is reckoned here at 6 marks (inferred). Part (c) as a whole is reckoned at 6 marks (inferred, as above); its two notes are answered here as parts of 3 marks each (marks inferred).

Write it in this order

  1. 1 Who is a whistle blower 1 mark 2 min
  2. 2 Protection under section 31 2 marks 4 min

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 blower. A whistle blower is a partner or an employee of an LLP who discloses information about wrongdoing in the LLP, whether during an investigation of the LLP or outside it. Section 31 of the LLP Act, 2008 rewards and protects him.

Picture itWhistle blower 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” him 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)). He 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
1Who is a whistle blower1
2Protection under section 312
Total3
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