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
1442From India, Malappuram
Respected Sir, Indeed admirable and laudable Yeoman’s Service in support of another Noble Cause. Thank you for sharing. Kritarth Team, 27.7.18
From India, Delhi
From India, Delhi
Respected Sir,
Indeed admirable and laudable Service you are doing to support all the members of Cite Hr
Need your valuable views on EPFO Circulars namely
EPFO Circular No. Pension- 1/12/33/EPS Amendment/96/Vol.II/ 34007 dated 23.03.2017 of the EPFO Head Office in pursuance of the Honorable Supreme Court's Order in SLP No.33032-33033 of 2015 dated 04.10.2016.
Does above circulars is applicable to Exempted Entity under PF OR to Unexempted Entity.
A line in reply is appreciated.
Regards,
From India, Mumbai
Indeed admirable and laudable Service you are doing to support all the members of Cite Hr
Need your valuable views on EPFO Circulars namely
EPFO Circular No. Pension- 1/12/33/EPS Amendment/96/Vol.II/ 34007 dated 23.03.2017 of the EPFO Head Office in pursuance of the Honorable Supreme Court's Order in SLP No.33032-33033 of 2015 dated 04.10.2016.
Does above circulars is applicable to Exempted Entity under PF OR to Unexempted Entity.
A line in reply is appreciated.
Regards,
From India, Mumbai
This site is really very useful and informative. Can you let us know if and when GoI has notified the date on which the PCA (Amendments) Act, 2018 comes into force in t/o sec 1(2) of the Act.
Regards
Ashok Aggarwal
From United Arab Emirates, Dubai
Regards
Ashok Aggarwal
From United Arab Emirates, Dubai
I have see the notification dated 26/07/2018 notifying the effective date of PCA (Amendments) Act,1988 as 26/07/18. Thanks. Regards Ashok Aggarwal
From United Arab Emirates, Dubai
From United Arab Emirates, Dubai
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 offence, 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 offences including taking bribe habitually, getting anything free or at a concession, obtaining pecuniary advantage for oneself or for another without public interest.
Under the amendment to the Act, criminal misconduct will now include only two offences (already mentioned above):
* misappropriating of 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 relevant authority or government to begin 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 offences done while in office. The decision on sanction request is to be made under three months which may be extended by a month. Centre 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
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 offence, 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 offences including taking bribe habitually, getting anything free or at a concession, obtaining pecuniary advantage for oneself or for another without public interest.
Under the amendment to the Act, criminal misconduct will now include only two offences (already mentioned above):
* misappropriating of 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 relevant authority or government to begin 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 offences done while in office. The decision on sanction request is to be made under three months which may be extended by a month. Centre 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
Are amended provisions of PCA applicable to the cases pending before trial courts?
From United Arab Emirates, Dubai
From United Arab Emirates, Dubai
P C Agrawal
B.Com., LL.B., CAIIB, FCS
Aurangabad (Maharashtra).
Need your valuable views on EPFO Circulars namely.
EPFO Circular No. Pension- 1/12/33/EPS Amendment/96/Vol.II/ 34007 dated 23.03.2017 of the EPFO Head Office in pursuance of the Honorable Supreme Court's Order in SLP No.33032-33033 of 2015 dated 04.10.2016.
Does above circulars is applicable to Exempted Entity under PF OR to Unexempted Entity.
A line in reply is appreciated.
Regards,
From India, Mumbai
B.Com., LL.B., CAIIB, FCS
Aurangabad (Maharashtra).
Need your valuable views on EPFO Circulars namely.
EPFO Circular No. Pension- 1/12/33/EPS Amendment/96/Vol.II/ 34007 dated 23.03.2017 of the EPFO Head Office in pursuance of the Honorable Supreme Court's Order in SLP No.33032-33033 of 2015 dated 04.10.2016.
Does above circulars is applicable to Exempted Entity under PF OR to Unexempted Entity.
A line in reply is appreciated.
Regards,
From India, Mumbai
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