Dear friends, Pl find attached Prevention of Corruption (Amendment) Act 2018 notified on 26.7.2018 alongwith news item giving highlights of the Amendment Act. Thanks
From India, Malappuram
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1446From India, Malappuram
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This site is really very useful and informative. Can you let us know if and when the Government of India (GoI) has notified the date on which the PCA (Amendments) Act, 2018 comes into force in relation to section 1(2) of the Act.
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Ashok Aggarwal
From United Arab Emirates, Dubai
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Regards,
Ashok Aggarwal
From United Arab Emirates, Dubai
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The amendment in provisions can be divided into 5 categories:
1. Bribery (undue advantage defined as gratification other than legal remuneration)
Earlier, there were no specific provisions except as abetment, but under the amendment, giving a bribe is now an offense punishable by a 7-year prison term, except when one is forced to give a bribe. However, it should be reported within 7 days.
2. Criminal misconduct
Earlier, criminal misconduct used to cover offenses including taking bribes habitually, receiving anything free or at a concession, and obtaining a pecuniary advantage for oneself or another without public interest. Under the amendment to the Act, criminal misconduct will now only include two offenses (already mentioned above):
- Misappropriating property entrusted to the banker
- Amassing assets disproportionate to known sources of income
3. Pre-investigation approval
Now, a police officer will need prior approval of the relevant authority or government to begin an investigation. However, the same does not apply when the accused is caught red-handed.
4. Sanction for prosecution
A sanction is needed for prosecuting former officials for offenses committed while in office. The decision on the sanction request is to be made within three months, which may be extended by a month. The center may notify about the guidelines.
5. Forfeiture of property
This section was introduced for the Special Court to attach and confiscate property, which was earlier done under a 1944 ordinance through civil courts. The Act as amended is attached for reference.
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From India, Malappuram
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1. Bribery (undue advantage defined as gratification other than legal remuneration)
Earlier, there were no specific provisions except as abetment, but under the amendment, giving a bribe is now an offense punishable by a 7-year prison term, except when one is forced to give a bribe. However, it should be reported within 7 days.
2. Criminal misconduct
Earlier, criminal misconduct used to cover offenses including taking bribes habitually, receiving anything free or at a concession, and obtaining a pecuniary advantage for oneself or another without public interest. Under the amendment to the Act, criminal misconduct will now only include two offenses (already mentioned above):
- Misappropriating property entrusted to the banker
- Amassing assets disproportionate to known sources of income
3. Pre-investigation approval
Now, a police officer will need prior approval of the relevant authority or government to begin an investigation. However, the same does not apply when the accused is caught red-handed.
4. Sanction for prosecution
A sanction is needed for prosecuting former officials for offenses committed while in office. The decision on the sanction request is to be made within three months, which may be extended by a month. The center may notify about the guidelines.
5. Forfeiture of property
This section was introduced for the Special Court to attach and confiscate property, which was earlier done under a 1944 ordinance through civil courts. The Act as amended is attached for reference.
Thanks
From India, Malappuram
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The Tamil Nadu Labour Welfare Fund (Amendment) Act, 2018 Notification.pd f