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NEW DELHI: With the Centre fine-tuning its draft amendment legislation to make bribery in private sector a criminal offence, two southern states – Tamil Nadu and Kerala — have suggested home ministry to make it more stringent.

Both the states also pitched for widening the definition of “undue advantage” by including foreign trips and fraudulently collection of money by way of shares, debentures or bonds as instruments of ‘bribes’ in the proposed law.

Responding to the draft legislation which was circulated among states for their opinion, Tamil Nadu suggested that the proposed section 160A of the Indian Penal Code (IPC) has to be amplified with various commercial activities of the private sectors.

The state enlisted foreign trip, gift in any form, concession, reduction in rate, selling sub-standard material in a priced rate of labelling as instruments of ‘bribe’ if it relates to any undue advantage.

The state also suggested that there should be separate provision to prosecute the companies and for cancellation/suspension of their licenses/registration. Similarly, Kerala suggested that “the activities of persons coming under the purview of ‘private sector’ who dishonestly or fraudulently collects money by way of shares, debentures, bonds or in whatever form, from the public and misappropriating the same for themselves like money laundering or money chain be brought within the purview” of the proposed legislation as a separate offence prescribing stringent punishment.

Objecting to the proposed punishment clause which prescribes for a term which may extend to either seven years of imprisonment or fine, the state wrote: “Such a provision may help the offender to escape with fine alone”. It, therefore, suggested that the punishment for the offence should be imprisonment which may be extended to seven years with fine.

Both Tamil Nadu and Kerala along with 19 other states have, however, broadly agreed with the proposed amendment in the IPC to make bribery in private sector a criminal offence. Himachal Pradesh is the only state which expressed it “disagreement” with such legislation.

Though six states including Bihar, Madhya Pradesh, Odisha, Uttarakhand, Uttar Pradesh and Andhra Pradesh have not yet sent their ‘formal’ response, officials in the home ministry said these states did not seem to have any objection at this juncture.

Agreeing to the proposed amendment to IPC, Gujarat, on its part, suggested that necessary amendment should also be made in the Prevention of Corruption Act (which deals with bribery in public sector or government organisations) so that Anti-Corruption Bureau (ACB) of states can register case of corruption in private sector.

A home ministry official said: “Most of these suggestions of the states will be suitably incorporated in the draft legislation before sending it to the Cabinet for approval”. He, however, remained non-committal on any time-frame to bring the proposed legislation in the Parliament.

Stating the proposed amendment a “step forward in enlarging the ambit of the Penal Code to cover private sector”, Jammu and Kashmir in its response said that the government was considering amendment on similar lines in the Ranbir Penal Code applicable in the state.

All seven Union Territories have also agreed with the proposed legislation.

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NEW DELHI: Prodded by Congress president Sonia Gandhi into committing to a decision by monsoon session, home minister P Chidambaram on Thursday indicated the demand for inclusion of Bhojpuri in the 8th Schedule could be accepted soon.

In a gesture that seemed to acknowledge the growing electoral clout of migrants in cities across India, Chidambaram spoke in Bhojpuri, saying “hum rauwa sabke bhavna samjhatan (I am mindful of the sentiments of all)” and promised to come back with good news soon.

The demand for Bhojpuri was supported by members across party lines. “We will consider the two reports (by Sitakant Mahapatra Committee and UPSC on the issue) expeditiously. We will be announcing a decision in the monsoon session,” Chidambaram said.

The announcement came after a discussion on a Calling Attention motion with several MPs belonging to BJP, SP, BSP, RJD, JD-U and some others as well trooping into the well, urging Speaker Meira Kumar, who has also been promoting the cause, to direct the government to announce a timeframe.

Initially, the home minister said it would be his endeavour to give the “good news” on the issue “as early as possible”. But this did not satisfy the agitated members, who wanted a firmer assurance. The minister then made a more specific statement after a hurried discussion with Leader of the House Pranab Mukherjee and UPA chairperson Sonia Gandhi who were sitting in the front row of the Treasury Benches.

The Calling Attention was moved by Congress member Jagdambika Pal, Shailendra Kumar (SP), Raghuvansh Prasad Singh and Umashanker Singh (both RJD), saying the “rich” language was spoken not just in India but in several other countries by 20-25 crore people.

The demand is significant as inclusion in the 8th schedule will make Bhojpuri a language option for the civil services exam, which is a long sought after prize for aspirants from east UP and Bihar.

Chidambaram said while 22 languages were in the 8th Schedule, representations for inclusion of 38 more have been received over the years. The languages already part of the Schedule include Assamese, Oriya, Maithili, Nepali, Tamil, Sindhi, Telugu and Urdu.

“The inclusion of a language in the 8th Schedule has, at present, a direct link to the examinations conducted by the UPSC”, he said, adding that it was then decided that the matter be “deferred till a decision is taken by the government on the issue of UPSC exams”.

The UPSC also set up a high-level panel to examine the issue. The panel recommended that the conduct of UPSC examinations be delinked from the inclusion of languages in the 8th Schedule, he said, adding that its report was received in March this year and now under consideration of the Department of Personnel and Training, Chidambaram said.

Jagdambika Pal said it was not correct to keep the decision on an important matter pending for a long time. “Eight years have passed since Sitakant Mahapatra committee submitted its report. …. How long can the issue be kept pending by linking it to the UPSC exams?”

Noting that Bhojpuri language was a “depository of a very rich culture”, Pal and Raghuvansh Prasad Singh (RJD) said some 25 crore people in India and in countries like Mauritius, Maldives, Surinam, South Africa, Jamaica and Nepal, spoke the language.

Shailendra Kumar wanted to know whether the UPSC conducted its exams in all the 22 languages recognized by the Constitution, calling it “only an alibi”.

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