Procedure and Policy of Anti Bribery and Anti Corruption
1.0 Purpose:
SDEW takes its responsibility for ensuring the establishment and maintenance of systems of internal control for the prevention and detection of fraud, irregularities and corruption as non- negotiable and will not tolerate fraud, corruption or abuse of position for personal or institutional gain.
It is a criminal offence to offer, promise or provide, or request or accept a bribe from the organizations in where SDEW has business. It is also an offence to fail to prevent an incident of bribery committed either by SDEW or by someone associated with it in order to obtain or retain a business advantage.
2.0 Scope:
This anti-bribery and corruption policy applies to the Proprietor , all members of staff / employees whether temporary or permanent, all agents, contractors, consultants and intermediaries whether or not they are based in the Tamilnadu.
Where bribery may be seen as part of the way business is done or as a “local practice” it must be clear that SDEW will not participate in or condone any form of bribery.
3.0 List of Abbreviations :
SDEW – Sri Durga Engineering Works (Company name)
4.0 Terms and Definitions:
Bribery: Bribes can come in many forms and are not limited simply to acceptance of cash by an individual. Donations to SDEW, sponsorship arrangements, personal gifts, hospitality and entertainment can be bribes if they are intended to influence SDEW decision making.
Corruption includes dishonest and or illegal behavior, perversion of integrity, and bribery
Supplier : Who supplies Raw material, Consumables, other bought-out materials etc., to SDEW are referred as suppliers.
Sub-Supplier : Who do job-work (Labor) to SDEW are referred as Sub Suppliers.
Logistics : Who provide service to SDEW for Material transport to its Customer / Supplier / Sub- supplier. Logistics service provided by both External agency and Own vehicle of SDEW.
1. Responsible:
The Proprietor Mr. P Vinayagamurthy and each employees are committed to full compliance with the provisions of this procedure. SDEWS’s Anti -Bribery and Anti -Corruption policy confirms this commitment. No form of bribery or corruption will be tolerated. This commitment is underpinned by SDEWS’s values of honesty and openness.
2. Examples of Bribery and Corruption :
5.1.1 For Marketing Manager & Executive(s) :
Offering bribes / Gift / Payments to any Representative at Customer’s end to avail new business, Quotation approval, Schedule increase, Competitor’s Price sharing etc.,
Sharing our Quotation to other companies.
Sharing our new inquires to other companies.
Sharing our client details to other companies.
5.1.2 For Purchase Manager & Executive(s) :
1. Shouldn’t get or accept gift / cash etc., from any supplier in order to make them benefit for the following.
Ordering non-consumable product.
Placing high volume than actual requirement.
To enroll disqualified Supplier in Approved list.
Approving Supplier quotation by doing Eye wash negotiation.
Encourage or influencing any Quality/Production representative to pass on the defective part.
Not raising Penalty for shortages identified during Material Reconciliation.
Getting fake tenders and approving the price of None source.
2. Use of SDEW funds, in the form of payments or gifts and hospitality for any unlawful, unethical or improper purpose.
5.1.3 For Quality & Production People :
Applicable to : Quality control, Supervisor, Department heads, Operators, Helpers etc.,
1. Shouldn’t get or accept gift / cash etc., from any supplier in order to make them benefit for the following.
Accepting inferior productIssuing gauge/instrument etc., without proper correspondence.
To enroll disqualified Supplier in Approved list.
Sharing Product /process / Standard / Specification / drawing information to any Supplier/Customer without proper approval from Department’s head.
Involving in Theft activities like carrying company’s information, product, scrap etc., outside the company campus without approval from relevant department’s head. Involving colleagues /
2. Involving colleagues / Supervisor / Security for theft assistance.
3. Supporting theft activities or hiding from Top management / Department head without sharing any theft / illegal activity performed by colleagues / Supervisor / department head etc.,
5.1.4 For Logistics People (Driver & Assistant) :
1. Shouldn’t get or accept gift / cash etc., from any supplier in order to make them benefit for the following.
Selling job / Raw material / Crate etc., to outside party.
Carrying job/Crate/Raw material / Scrap without SDEW’s delivery challan / Invoice / Gate Pass.
Going for outside load without Top management approval.
Claiming for false vehicle service with or without bill.
Demanding conveyance from supplier for Loading and unloading raw material / job or for accepting Extra load.
Making fault entries in Trip sheet.
6.0 The offences and penalties:
The four offences under the Bribery Act are:
A general offence covering offering, promising or giving a bribe.
A general offence covering requesting, agreeing to receive or accepting a bribe. A distinct offence of bribing a foreign public official to obtain or retain business. Failure to prevent bribery by those acting on their behalf.
7.0 Wide interpretation
Failing to prevent a bribe is widely interpreted. SDEW is responsible for, and guilty of, an offence if a person associated with SDEW bribes another person, intending to obtain or retain business or a business advantage for SDEW. An associated person may include, for example, any employee, any supplier, any sub-supplier, logistics.
8.0 SDEW defense to failure to prevent bribery offence
SDEW will be able to defend itself against the offence of failure to prevent bribery where it is able to show it has “adequate procedures” in place ensuring that those who act for SDEW are fully aware that bribery is not acceptable. These adequate procedures include the implementation of an appropriate anti bribery policy which is why this policy is so important for SDEW.
9.0 Individual day to day guidance
The following guidance is provided to assist in preventing bribery and corruption but does not replace the clear and careful review of each scenario by each individual to ensure that on each occasion that everyone acts to prevent bribery and or corruption.
Compliance with this Anti-Bribery and Anti- Corruption Policy;
Adherence to SDEW values of openness and honesty;
Compliance with SDEW requirements concerning any conflicts of interest;
That all activities and transactions are accurately, completely and transparently recorded;
That all appropriate due diligence and risk mitigation procedures are followed before proceeding with any contract or other arrangement;
That any suspected or actual breaches of this policy are accurately and promptly reported to their line manager or Compliance Officer;
10.0 Training
SDEW will provide training to ensure that those who are potentially exposed to the risks are aware of these risks and act appropriately. The responsibility of ensuring that relevant training is received lies with all employees and with their line managers.
Training will be organised by The Human Resources Department. A separate register will be retained by the Human Resources Department detailing the date when training was given.
11.0 Communication of policy and internal communications
This policy will be publicly available on the SDEW website. Communications will be made to staff when it is reviewed
This policy is fully supported by Proprietors who will ensure effective cross communication between departments, Suppliers, Sub suppliers, so that there are no“silos” in relation to potential bribery or corruption.
12.0 Compliance Officer
A Compliance Officer who is a Plant Manager of the SDEW will set up and manage and maintain the Notification Memo which will be a permanent confidential record of all reports of suspicious activities. The Notification Memo will be kept securely by the plant manager.
The Notification Memo, Donations Register and the Gifts and Hospitality will each be audited for the purposes of this policy on an annual basis by the Compliance Officer and a report made on these registers to the Audit and Risk Committee.
13.0 Changes to policy
SDEW reserves the right to modify or add to this policy at any time. Any material changes will be considered, reviewed and communicated appropriately.
