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NewsleTERRE, Issue 03
March 2019

Anti-Bribery & Anti-Corruption Policy

1. What does your policy cover?

  • 1.1 This anti-bribery policy exists to set out the responsibilities of TERRE Policy Centre and those who work for us in regard to observing and upholding our zero-toleranceposition on bribery and corruption.
  • 1.2 It also exists to act as a source of information and guidance for those working for TERRE Policy Centre. It helps them recognise and deal with bribery and corruptionissues, as well as understand their responsibilities.

2. Policy statement

  • 2.1 TERRE Policy Centre is committed to conducting business in an ethical andhonest manner and is committed to implementing and enforcing systems that ensurebribery is prevented. TERRE Policy Centre has zero-tolerance for bribery andcorrupt activities. We are committed to acting professionally, fairly, and with integrity in allbusiness dealings and relationships, wherever in the country we operate.
  • 2.2 TERRE Policy Centre will constantly uphold all laws relating to anti-bribery andcorruption in all the jurisdictions in which we operate. We are bound by the laws of the India,including Prevention of Corruption (Amendment) Act 2018 which was passed by Parliament, which amended and brought about significant changes to the extant Prevention of Corruption Act 1988., in regard to our conduct both at home and abroad.
  • 2.3 TERRE Policy Centre recognises that bribery and corruption are punishable byup to ten years of imprisonment and a fine. If our company is discovered to have taken partin corrupt activities, we may be subjected to an unlimited fine, be excluded from tenderingfor public contracts, and face serious damage to our reputation. It is with this in mindthat we commit to preventing bribery and corruption in our businessand take our legalresponsibilities seriously.

3. Who is covered by the policy?

  • 3.1 This anti-bribery policy applies to all employees (whether temporary, fixed-term, orpermanent), consultants, contractors, trainees, seconded staff, home workers, casualworkers, agency staff, volunteers, interns, agents, sponsors, or any other person or personsassociated with us (including third parties), or any of our subsidiaries or their employees,no matter where they are located (within or outside of the India). The policy also applies toOfficers, Trustees, Board, and/or Committee members at any level.
  • 3.2 In the context of this policy, third-party refers to any individual or organisation ourcompany meets and works with. It refers to actual and potential clients, customers,suppliers, distributors, business contacts, agents, advisers, and government and publicbodies - this includes their advisors, representatives and officials, politicians, and publicparties.
  • 3.3 Any arrangements our company makes with a third party is subject to clear contractualterms, including specific provisions that require the third party to comply with minimumstandards and procedures relating to anti-bribery and corruption.

4. Definition of bribery

  • 4.1 Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving,accepting, or soliciting something of value or of an advantage so to induce or influence anaction or decision.
  • 4.2 A bribe refers to any inducement, reward, or object/item of value offered to anotherindividual in order to gain commercial, contractual, regulatory, or personal advantage.
  • 4.3 Bribery is not limited to the act of offering a bribe. If an individual is on the receiving endof a bribe and they accept it, they are also breaking the law.
  • 4.4 Bribery is illegal. Employees must not engage in any form of bribery, whether it bedirectly, passively (as described above), or through a third party (such as an agent ordistributor). They must not bribe a foreign public official anywhere in the world. They mustnot accept bribes in any degree and if they are uncertain about whether something isa bribe or a gift or act of hospitality, they must seek further advice from the company'scompliance manager.

5. What is and what is NOT acceptable

  • 5.1 This section of the policy refers to 4 areas:
    • Gifts and hospitality.
    • Facilitation payments.
    • Political contributions.
    • Charitable contributions.
  • 5.2 Gifts and hospitality
    TERRE Policy Centre accepts normal and appropriate gestures of hospitality andgoodwill (whether given to/received from third parties) so long as the giving or receiving ofgifts meets the following requirements:
    • a. It is not made with the intention of influencing the party to whom it is beinggiven, to obtain or reward the retention of a business or a business advantage,or as an explicit or implicit exchange for favours or benefits.
    • b. It is not made with the suggestion that a return favour is expected.
    • c. It is in compliance with local law.
    • d. It is given in the name of the company, not in an individual's name.
    • e. It does not include cash or a cash equivalent (e.g. a voucher or gift certificate).
    • f. It is appropriate for the circumstances (e.g. giving small gifts around Christmasor as a small thank you to a company for helping with a large project uponcompletion).
    • g. It is of an appropriate type and value and given at an appropriate time, takinginto account the reason for the gift.
    • h. It is given/received openly, not secretly.
    • i. It is not selectively given to a key, influential person, clearly with the intentionof directly influencing them.
    • j. It is not above a certain excessive value, as pre-determined by the company'scompliance manager.
    • k. It is not offer to, or accepted from, a government official or representative orpolitician or political party, without the prior approval of the company'scompliance manager.
  • 5.3 Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individualof a certain religion/culture who may take offence), the gift may be accepted so long as it isdeclared to the compliance manager, who will assess the circumstances.
  • 5.4 TERRE Policy Centre recognises that the practice of giving and receivingbusiness gifts varies between countries, regions, cultures, and religions, so definitions ofwhat is acceptable and not acceptable will inevitably differ for each.
  • 5.5 As good practice, gifts given and received should always be disclosed to the compliancemanager. Gifts from suppliers should always be disclosed.
  • 5.6 The intention behind a gift being given/received should always be considered. If there isany uncertainty, the advice of the compliance manager should be sought.
  • 5.7 Facilitation Payments and Kickbacks
    TERRE Policy Centre does not accept and will not make any form of facilitationpayments of any nature. We recognise that facilitation payments are a form of briberythat involves expediting or facilitating the performance of a public official for a routinegovernmental action. We recognise that they tend to be made by low level officials with theintention of securing or speeding up the performance of a certain duty or action.
  • 5.8 TERRE Policy Centre does not allow kickbacks to be made or accepted. Werecognise that kickbacks are typically made in exchange for a business favour or advantage.
  • 5.9 TERRE Policy Centre recognises that, despite our strict policy on facilitationpayments and kickbacks, employees may face a situation where avoiding a facilitationpayment or kickback may put their/their family's personal security at risk. Under thesecircumstances, the following steps must be taken:
    • a. Keep any amount to the minimum.
    • b. Ask for a receipt, detailing the amount and reason for the payment.
    • c. Create a record concerning the payment.
    • d. Report this incident to your line manager.
  • 5.10 Political Contributions
    TERRE Policy Centre will not make donations, whether in cash, kind, or by anyother means, to support any political parties or candidates. We recognise this may beperceived as an attempt to gain an improper business advantage.
  • 5.11 Charitable Contributions
    TERRE Policy Centre accepts (and indeed encourages) the act of donating to charities - whether through services, knowledge, time, or direct financial contributions (cashor otherwise) - and agrees to disclose all charitable contributions it makes.
  • 5.12 Employees must be careful to ensure that charitable contributions are not used tofacilitate and conceal acts of bribery.
  • 5.13 We will ensure that all charitable donations made are legal and ethical under locallaws and practices, and that donations are not offered/made without the approval of thecompliance manager.

6. Employee Responsibilities

  • 6.1 As an employee of TERRE Policy Centre, you must ensure that you read,understand, and comply with the information contained within this policy, and with anytraining or other anti-bribery and corruption information you are given.
  • 6.2 All employees and those under our control are equally responsible for the prevention,detection, and reporting of bribery and other forms of corruption. They are required to avoidany activities that could lead to, or imply, a breach of this anti-bribery policy.
  • 6.3 If you have reason to believe or suspect that an instance of bribery or corruption hasoccurred or will occur in the future that breaches this policy, you must notify the compliancemanager.
  • 6.4 If any employee breaches this policy, they will face disciplinary action and could facedismissal for gross misconduct. TERRE Policy Centre has the right to terminate acontractual relationship with an employee if they breach this anti-bribery policy.

7. What happens if I need to raise a concern?

  • 7.1 This section of the policy covers 3 areas:
    • a. How to raise a concern.
    • b. What to do if you are a victim of bribery or corruption.
    • c. Protection.
  • 7.2 How to raise a concern
    If you suspect that there is an instance of bribery or corrupt activities occurring in relationto TERRE Policy Centre, you are encouraged to raise your concerns at as earlya stage as possible. If you're uncertain about whether a certain action or behaviour can beconsidered bribery or corruption, you should speak to your line manager, the compliancemanager, the director, or the Head of Governance and Legal.
  • 7.3 TERRE Policy Centre will familiarise all employees with its whistleblowingprocedures so employees can vocalise their concerns swiftly and confidentially.
  • 7.4 What to do if you are a victim of bribery or corruptionYou must tell your compliance manager as soon as possible if you are offered a bribe byanyone, if you are asked to make one, if you suspect that you may be bribed or asked tomake a bribe in the near future, or if you have reason to believe that you are a victim ofanother corrupt activity.
  • 7.5 Protection
    If you refuse to accept or offer a bribe or you report a concern relating to potential act(s) ofbribery or corruption, TERRE Policy Centre understands that you may feel worriedabout potential repercussions. TERRE Policy Centre will support anyone who raisesconcerns in good faith under this policy, even if investigation finds that they were mistaken.
  • 7.6 TERRE Policy Centre will ensure that no one suffers any detrimental treatmentas a result of refusing to accept or offer a bribe or other corrupt activities or because theyreported a concern relating to potential act(s) of bribery or corruption.
  • 7.7 Detrimental treatment refers to dismissal, disciplinary action, treats, or unfavourabletreatment in relation to the concern the individual raised.
  • 7.8 If you have reason to believe you've been subjected to unjust treatment as a result of aconcern or refusal to accept a bribe, you should inform your line manager or the compliancemanager immediately.

8. Training and communication

  • 8.1 TERRE Policy Centre will provide training on this policy as part of the inductionprocess for all new employees. Employees will also receive regular, relevant training on howto adhere to this policy, and will be asked annually to formally accept that they will complywith this policy.
  • 8.2 TERRE Policy Centre 's anti-bribery and corruption policy and zero-toleranceattitude will be clearly communicated to all suppliers, contractors, business partners, andany third-parties at the outset of business relations, and as appropriate thereafter.
  • 8.3 TERRE Policy Centre will provide relevant anti-bribery and corruption trainingto employees etc. where we feel their knowledge of how to comply with the Bribery Actneeds to be enhanced. As good practice, all businesses should provide their employees withanti-bribery training where there is a potential risk of facing bribery or corruption duringwork activities.

9. Record keeping

  • 9.1 TERRE Policy Centre will keep detailed and accurate financial records,and willhave appropriate internal controls in place to act as evidence for all payments made. We willdeclare and keep a written record of the amount and reason for hospitality or gifts acceptedand given,and understand that gifts and acts of hospitality are subject to managerial review.

10. Monitoring and reviewing

  • 10.1 TERRE Policy Centre's compliance manager is responsible for monitoring theeffectiveness of this policy and will review the implementation of it on a regular basis. Theywill assess its suitability, adequacy, and effectiveness.
  • 10.2 Internal control systems and procedures designed to prevent bribery and corruption aresubject to regular audits to ensure that they are effective in practice.
  • 10.3 Any need for improvements will be applied as soon as possible. Employees areencouraged to offer their feedback on this policy if they have any suggestions for how it maybe improved. Feedback of this nature should be addressed to the compliance manager.
  • 10.4 This policy does not form part of an employee's contract of employment and TERRE Policy Centre may amend it at any time so to improve its effectiveness atcombatting bribery and corruption.

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