| (1) |
Any person who, directly or indirectly. accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person, as— |
| (a) |
an inducement to, personally or by influencing any other person so to act— |
| (i) |
award a tender, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, to a particular person; or |
| (ii) |
upon an invitation to tender for such contract, make a tender for that contract which has as its aim to cause the tenderee to accept a particular tender; or |
| (iii) |
withdraw a tender made by him or her for such contract; or |
| (b) |
a reward for acting as contemplated in paragraph (a)(i), (ii) or (iii), |
is guilty of the offence of corrupt activities relating to procuring and withdrawal of tenders.
| (2) |
Any person who, directly or indirectly— |
| (a) |
gives or agrees or offers to give any gratification to any other person, whether for the benefit of that other person or the benefit of another person, as— |
| (i) |
an inducement to, personally or by influencing any other person so to act, award a tender, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, to a particular person; or |
| (ii) |
a reward for acting as contemplated in subparagraph (i); or |
| (b) |
with the intent to obtain a tender in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, gives or agrees or offers to give any gratification to any person who has made a tender in relation to that contract, whether for the benefit of that tenderer or for the benefit of any other person, as— |
| (i) |
an inducement to withdraw the tender; or |
| (ii) |
a reward for withdrawing or having withdrawn the tender, |
is guilty of the offence of corrupt activities relating to procuring and withdrawal of tenders.
Gas Regulator Levies Act, 2002
