Thursday, 24 September 2020

Prevention Of Bribery

Updated: July 28, 2012 3:28 pm

‘Floating Warrant’ is a concept which was successfully used in USA known as John Doe Lawsuit. When the identity of the culprit is not known we can issue a floating warrant on the unknown person, based on this warrant, the person whose account is in the foreign country and his identity is not known to us can be declared an offender and his information demanded. This warrant gets fixed on the person at a date when his identity becomes known.

And Private Sector Bribery Bill states that corruption and black money has many dimensions. The important aspect is generation. United Nations Convention Against Corruption (UNCAC) has identified certain gaps in our anti-corruption mechanism. We don’t have any act dealing with prevention of bribery in the private sector and NGOs, our provisions also lack with regards to mispricing and valuation of contract and licences etc., gratification and bribery through third party, lobbying and influencing through public policy debate, rules regulation and guidelines to be implemented by private sector to check and control bribery and the bribing of foreign nationals. To tackle these issues effectively we have come out with specific legal provisions in the form of ‘Prevention of Bribery in Private/ NGO Sector Bill’ clearly defining all these terms, issues and provisions. Along with ratification of UNCAC these gaps have to be filled to empower government to exchange information.

On the current economic situation, the main problem is with the implementation of economic policies and not on the conceptual basis. As such concepts of SEZ & PPP models may be good but their implementation is faulty.

Similarly capital formation in the country is also facing problem because unchecked international flows through tax haven is resulting in reverse flight of capital. The government is also resorting to data manipulation in many cases as was done with consumer and wholesale price index and on the reports in the water management sector. BJP is pro-reforms but has a serious objection to the way things are being implemented.

By Gopal K. Agarwal

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