Bribery & Anti-corruption

Any consideration accorded with dishonest intentions to take undue favour in any proceedings either legal or otherwise called 'Bribe'. Anti-corruption laws are based on act and intentions and the amount of gratification does not make any impact on punishment. Now days the multinational groups, corporate bodies etc are very much concern about ABC policy, which often reflects in their contracts and employment policies. ABC policy is also known as Anti Bribery & Corruption Policy, which reflects zero tolerance for bribery and similarly prohibit facilitation payments and should be driven by the tone from the top.

In India the Law is codified and has many legislation to prohibit corruption and bribery at any level, which not only help us to understand its procedure & technicalities, but also provides fair and transparent opportunity to contest. Though the law is very vast but to give a brief idea the relevant and important legislations, related to the subject, are :-

• The Prevention of Corruption Act, 1988
• Prevention of Money-Laundering Act, 2002
• Prevention of Money-Laundering (the Manner of Forwarding a Copy of the Order of Provisional Attachment of Property along with the Material, and Copy of the Reasons along with the Material in Respect of Survey, to the Adjudicating Authority and its Period of Retention) Rules, 2005
• Prevention of Money-Laundering (Receipt and Management of Confiscated Properties) Rules, 2005
• Prevention of Money-Laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Rules, 2005
• Prevention of Money-Laundering (Forms, Search and Seizure and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) Rules, 2005
• Prevention of Money-Laundering (the Forms and the Manner of Forwarding a Copy of Order of Arrest of a Person along with the Material to the Adjudicating Authority and its Period of Retention) Rules, 2005
• Prevention of Money-Laundering (the Manner of Forwarding a Copy of the Order of Retention of Seized Property along with the Material to the Adjudicating Authority and the Period of its Retention) Rules, 2005 Prevention of Money-Laundering (Manner of Receiving the Records Authenticated Outside India) Rules, 2005
• Prevention of Money-Laundering (Appeal) Rules, 2005
• Adjudicating Authority Regulations, 2006
• Prevention of Money-Laundering (Appointment and Conditions of Service of Chairperson and Members of Appellate Tribunal) Rules, 2007
• Prevention of Money-Laundering (Appointment and Conditions of Service of Chairperson and Members of Adjudicating Authorities) Rules, 2007
• Prevention of Money-Laundering (Salaries, Allowances and Other Conditions of Service of the Employees of Adjudicating Authorities) Rules, 2007
• Prevention of Money-Laundering (Salaries, Allowances and Other Conditions of Service of the Employees of Appellate Tribunal) Rules, 2008
• Public Records Act, 1993
• Public Records Rules, 1997
• Public Servants (Inquiries) Act, 1850
• The Foreign Contribution Regulation Act, 2010
• The Right to Information Act, 2005
• The Central Vigilance Commission Act, 2003
• The Lokpalans Lokayukats Act, 2013
• The Companies Act, 2013
• The Black Money (Undisclosed Foreign Income &Assets) and Imposition of Tax, Act 2015
• The Fugitive Economic Offenders, Act 2018
• Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972
• Benami Transactions (Prohibition) Act, 1988