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Report No. 258

2. Definitions. -

(1) In this Act, unless the context otherwise requires,-

(a) "Convention" means the United Nations Convention Against Corruption adopted by the Resolutions 58/4 of 31st October, 2003 of the General Assembly of the United Nations;

(b) "foreign country" means a country other than India, and includes:

(i) any political subdivision of that country;

(ii) the government, and any department or branch of the government, of that country or of a political subdivision of that country; and

(iii) any agency of that country or of a political subdivision of that country;

(c) "foreign public official" means:

(i) a person who holds a legislative, executive, administrative or judicial position of a foreign country; or

(ii) a person who performs public duties or public functions for a foreign country, including a person employed by a board, commission, corporation or other body or authority that is established to perform such duty or function on behalf of the foreign country, or is performing such duty or function;

Explanation: For the purpose of this definition:

(A) "public duty" means a duty in the discharge of which the State, the public or the community at large has an interest; and

(B) "public function" means an act or duty of a foreign public official in his capacity as such;

(d) "notification" means a notification published in the Official Gazette;

(e) "official of a public international organisation" means an international civil servant or any person who is authorised by such an organisation to act on behalf of that organisation;

(f) "public international organisation" means an organisation whose members are any of the following:

(i) countries or territories;

(ii) governments of countries or territories;

(iii) other public international organisations; or

(iv) a mixture of any of the above;

(g) "Special Judge" means the Special Judge appointed under section 3 of the Prevention of Corruption Act, 1988 (49 of 1988);

(h) "undue advantage" means any gratification, benefit or advantage, property or interest in such property, reward, fee, valuable security or gift or any other valuable thing (other than legal remuneration), whether pecuniary or non-pecuniary, tangible or intangible;

Explanation: For the purpose of this definition, "legal remuneration" is not restricted to remuneration paid to a foreign public official or official of a public international organisation, but includes all remuneration which he is permitted to receive by the foreign country or the public international organisation which he serves.

(2) The words and expressions used under this Act but not defined and defined under the Prevention of Corruption Act, 1988 (49 of 1988) shall have the meanings respectively assigned to them under that Act.



Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations - A Study and Proposed Amendments Back




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