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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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
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From India, Delhi
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Respected Sir,
Your admirable and laudable service in supporting all the members of Cite HR is truly appreciated. I seek your valuable views on EPFO Circulars, specifically EPFO Circular No. Pension- 1/12/33/EPS Amendment/96/Vol.II/ 34007 dated 23.03.2017 issued by the EPFO Head Office in compliance with the Honorable Supreme Court's Order in SLP No.33032-33033 of 2015 dated 04.10.2016.
Could you please clarify if the above circular is applicable to Exempted Entities under PF or to Unexempted Entities? A line in reply would be highly appreciated.
Regards,
From India, Mumbai
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Your admirable and laudable service in supporting all the members of Cite HR is truly appreciated. I seek your valuable views on EPFO Circulars, specifically EPFO Circular No. Pension- 1/12/33/EPS Amendment/96/Vol.II/ 34007 dated 23.03.2017 issued by the EPFO Head Office in compliance with the Honorable Supreme Court's Order in SLP No.33032-33033 of 2015 dated 04.10.2016.
Could you please clarify if the above circular is applicable to Exempted Entities under PF or to Unexempted Entities? A line in reply would be highly appreciated.
Regards,
From India, Mumbai
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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.
Regards,
Ashok Aggarwal
From United Arab Emirates, Dubai
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Regards,
Ashok Aggarwal
From United Arab Emirates, Dubai
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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
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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.
Thanks
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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Are amended provisions of PCA applicable to the cases pending before trial courts?
From United Arab Emirates, Dubai
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From United Arab Emirates, Dubai
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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 the above circular apply to Exempted Entities under PF or to Unexempted Entities? A line in reply is appreciated.
Regards,
From India, Mumbai
Acknowledge(0)Amend(0)
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 the above circular apply to Exempted Entities under PF or to Unexempted Entities? A line in reply is appreciated.
Regards,
From India, Mumbai
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Gratuity Act(Amendment) 28.3.2018.pdf