Punish Indian, foreign entity guilty of bribing public servants: Panel

NEW DELHI: A Parliamentary committee today recommended that any Indian or foreign entity found guilty of bribing a public servant in the country shall be liable for punishment besides a fine, going beyond the provisions of a bill in this regard.

The Standing Committee on Law and Personnel in its report on the Prevention of Corruption Act (Amendment) Bill, 2013 has also endorsed a move to provide certain shield to retired bureaucrats who face allegations of wrongdoing while in service.

The committee, in its report tabled in Parliament today, recommended the timeline for trial in corruption cases.

The bill states that any entity whether incorporated in India or abroad but having business in India, and providing services including charitable work, would now be liable to prevent corruption by an individual associated with it.

The bill provides for punishment between three and seven years in jail to a person associated with a business entity who bribes a public servant to further business interests.

A senior official of the entity can also be jailed for a period of three to seven years if bribery can be attributed to his connivance or negligence.

However, commercial entity is punishable with fine only. "The committee desires that the punishment prescribed for commercial organisation should be in addition to punishment prescribed to individual associated with it and in charge of the commercial organisation," the report said.
The committee has supported a provision in the bill which makes it mandatory for an investigating agency to seek permission from the government before questioning them.

"The Committee is in agreement with the provision of the bill extending the protection to the honest public servant who ceased to be government servant for the bonafide omission/ commission during their term in office," says the report.

According to the bill, an investigating agency may have to seek prior permission from the government before questioning a retired bureaucrat in a corruption case.

The provision is aimed at protecting retired bureaucrats from frivolous complaints.

At present, there is no legal provision for investigating agencies to seek permission to quiz a former government employee.

The amended bill fixes a time-frame of three months for the government to decide on a probe agency's request seeking sanction for prosecution against government officials.

An additional one month may also be given in case the government needs to consult the Attorney General or the Advocate General.

The changes in the Prevention of Corruption Act will have a bearing on Delhi Special Police Establishment Act which governs the functioning of CBI.

Prior sanction of competent authority is proposed to safeguard public servants from the vexatious prosecution after their retirement or remittance of office in the bona fide omission or commission in the discharge of their official duty, the bill says.

As per rules, probe agencies like CBI and others have to seek prior permission to launch investigation against an officer of the level of Joint Secretary and above.

The Committee has also asked the Ministry of Personnel to synchronise the minimum punishment for "habitual offenders" under the Prevention of Corruption Act and the Lokpal and Lokayukta Act by enhancing it from three to five years of jail extendable to ten years in the proposed legislation.