BRAHMAPUTRA VALLEY FERTILIZER CORPORATION LIMITEDBRAHMAPUTRA VALLEY FERTILIZER CORPORATION LIMITED(A Govt. Of India Undertaking)(A Govt. Of India Undertaking)

ISO 9001:2000, APPROVED BY SWISOISO 9001:2000, APPROVED BY SWISO

A PRESENTATIONON

LAWS RELATED TO VIGILANCE

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THE LAW AND YOUTHE LAW AND YOU

PITFALLS YOU MUST AVOID;

Ignorance of law is no excuse. Negligence, too, is not pardonable. Do not try to take law in your hand. It is an offence to give false information to a

public servant. Giving or taking a bribe is an offence. You must not play with documents. Certain unlawful actions which you might take

due to ignorance.

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THE LAW AND YOUTHE LAW AND YOU

THINGS YOU MUST DO;

Some General Legal Provisions

All are equal.

When does a legal remedy arise?

Abiding by Law does not mean mute suffering.

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THE LAW AND YOUTHE LAW AND YOU

COURTS AND TRIBUNALSCriminal Cases

Judicial Officers.- Non-metropolitan areas- Metropolitan areas- Executive Side

Who can lodge a complaint to a Magistrate? Costs. Re-trial. Compromise and Withdrawal General Procedure Witness.

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THE LAW AND YOUTHE LAW AND YOU

COURTS AND TRIBUNALS (Contd.)Civil Cases

Courts. Procedure.

- Plaint- Presence

Compromise. Appeal. Re-trial. Costs. Execution of Decree.

Time Bar

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LAW RELATING TO VIGILANCELAW RELATING TO VIGILANCE

Some important provisions from Indian Penal Code and Prevention of Corruption Act, 1988

INDIAN PENAL CODE

Public Servant unlawfully engaging in trade (Sec.168).

Shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. (non-cognizable and bailable).

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LAW RELATING TO VIGILANCELAW RELATING TO VIGILANCE

Public Servant unlawfully buying or bidding for property (Sec.169).

Shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated (Non-

cognizable and bailable).

Issuing or Signing false certificate (Sec. 197).Shall be punished in the same manner as if he gave false evidence (Sec.197)

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LAW RELATING TO VIGILANCELAW RELATING TO VIGILANCE

Criminal Breach of Trust by Public Servant, or by Banker, merchant or agent (Sec. 409).

Shall be punished with imprisonment for life, or with imprisonment of either description for a

term which may extend to ten years, and shall also be liable to fine (Cognizable and non-bailable).

Making a false document (Sec.464) Using as genuine a forged document (Sec.

471)

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LAW RELATING TO VIGILANCELAW RELATING TO VIGILANCE Falsification of accounts (Sec.477 A)

Shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Property in possession of wife (Sec.27)When property is in the possession of a person’s wife, Govt. Servant, on account of that person, it

is in that person’s possession within the meaning of this Code.

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PREVENTION OF CORRUPTION PREVENTION OF CORRUPTION ACT 1988ACT 1988

Public Servant taking gratification other than legal remuneration in respect of an official Act (Sec.7)

Shall be punishable with imprisonment, which shall be not less than six-months but which may extend to five years and shall also be liable to fine.

Taking gratification, in order, by corrupt or illegal means, to influence public servant (Sec.8)Shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable

to fine.

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PREVENTION OF CORRUPTION PREVENTION OF CORRUPTION ACT 1988ACT 1988

Taking gratification for exercise of personal influence with public servant (Sec.9)Shall be punishable with imprisonment for a term which shall be not less than six months, but

which may extend to five and shall also be liable to fine.

Punishment for abetment by public servant of offences defined in Section 8 or 9 (Sec.10)Shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable

to fine.

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PREVENTION OF PREVENTION OF CORRUPTION ACT 1988CORRUPTION ACT 1988

Public Servant obtaining valuable things, without consideration from person concerned in

proceeding or business transacted by such public servant (Sec.11).

Criminal misconduct by a Public Servant (Sec.13)

Act to be in addition to any other law (Sec.28)The provisions of this Act shall be in addition to, and not in derogation of any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this Act, be instituted against him.

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VIGILANCE MATTERS :VIGILANCE MATTERS :IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Movable Property (Sec.22)The words ‘Movable Property’ are intended to include

corporeal property of every description except land and things attached to the earth or permanently fastened to any thing which is attached to the earth.

Wrongful Gain (Sec.23)Gain is by unlawful means of property to which the

person gaining is not legally entitled.

Wrongful Loss (Sec.23)Loss by unlawful means of property to which the

person losing it is legally entitled.

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VIGILANCE MATTERS :VIGILANCE MATTERS :IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Dishonesty (Sec.24)Whoever does anything with the intention of causing

wrongful gain to one person or wrongful loss to another person is said to do that thing dishonestly.

Fraudulently (Sec.25)A person is said to do a thing fraudulently, if he does

that thing with intent to defraud but not otherwise.

Valuable Security (Sec.30)It denote a document which is, or purports to be, a

document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledged that he lies under legal liability, or has not a certain legal right.

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VIGILANCE MATTERS :VIGILANCE MATTERS :IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Good faith (Sec.52)Nothing is said to be done or believed in ‘Good

faith’ which is done or believed without due care and attention.

Abetment (Sec.107)A person abets the doing of a thing, who

instigate any person to do that thing, or engages one or more person/persons in any conspiracy for the doing of that thing, or illegal omission takes place in pursuance of that conspiracy or intentionally aids by any act or illegal omission, the doing of that thing.

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VIGILANCE MATTERS :VIGILANCE MATTERS :IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Attempt (Sec.511)Attempt to commit an offence can be said to begin

when the preparations are complete and the culprit commences to do something with the intention of committing the offence the moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence.

ForgeryWhoever makes any false document or part of a

document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

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VIGILANCE MATTERS :VIGILANCE MATTERS :IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Public Duty (Sec.2 (b))Means a duty in the discharge of which the State, the

public or the community at large has an interest. State includes a corporation established by or under a Central Provincial or State Act or an authority or a body owned or controlled or aided by the Government or a Government Company as defined in Sec.617 of the Companies Act, 1956 {Sec.2(b)}

Public Servanti] Any person in the service or pay of a corporation

established by or under a Central Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government Company as defined in Sec.617 of the Companies Act, 1956 {Sec.2©(iii)}.

18VIGILANCE MATTERS :VIGILANCE MATTERS :

IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Public Servant (Contd.)ii] Any person who is an office-bearer or an employee of an

educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Govt. of any State Govt. or local or other public authority {Sec .2 2(a)(i)}

Criminal MisconductA public servant is said to commit the offence of

criminal misconduct :a] If he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in Section 161 of the Indian Penal Code, or

19VIGILANCE MATTERS :VIGILANCE MATTERS :

IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Criminal Misconduct (Contd.)b] If he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceedings or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or

c] if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, or

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VIGILANCE MATTERS :VIGILANCE MATTERS :IMPORTANT DEFINITIONSIMPORTANT DEFINITIONS

Criminal Misconduct (Contd.)d] If he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage, or

e] If he or any person on his behalf is in possession or has, any time during the period of his office, been in possession, for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of

income.

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