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Action on the inquiry report
Act Rules Indian Laws
Regulation 89 of the International Financial Services Centres Authority (Employees' Service) Regulat...
The disciplinary authority may remit an inquiry for further inquiry on recorded written reasons. The employee must receive the inquiry report and any tentative reasons for disagreement with findings, and may make a written representation within fifteen days. The disciplinary authority must consider that representation and record findings before imposing an applicable penalty. Penalties falling within the specified categories may be imposed, with no separate opportunity required to represent against a proposed penalty in the latter category.

Regulation 88 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 88 makes a formal inquiry, conducted as far as practicable under its prescribed process, a precondition to imposing the specified major penalties. Proceedings commence with definite and distinct articles of charge, supporting imputations, relevant facts, and lists of proposed documents and witnesses. The employee must receive these materials and may file a written defence and seek a personal hearing within the stipulated period. Where charges remain disputed or no defence is filed, the disciplinary authority may itself inquire or appoint an inquiring authority and a Presenting Officer.

Penalties
Act Rules Indian Laws
Regulation 87 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee misconduct may attract minor penalties, including censure, withholding promotion or increments, recovery of pecuniary loss, and limited non-cumulative pay-stage reduction, or major penalties, including specified reduction in pay, grade, post or service, compulsory retirement, removal, or dismissal. Established charges of disproportionate assets or unlawful gratification ordinarily require removal or dismissal, subject to exceptional recorded reasons. Recovery of quantified pecuniary loss may be made through lawful means without exceeding that loss. Specified administrative, probationary, retirement, and contractual employment actions are not penalties.

Suspension
Act Rules Indian Laws
Regulation 86 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee suspension may be ordered for contemplated or pending disciplinary proceedings, conduct prejudicial to State security, or a criminal investigation, inquiry, or trial. Deemed suspension follows detention or qualifying imprisonment after conviction. Suspension continues unless modified or revoked and requires review before ninety days, with further extensions subject to periodic review. Subsistence allowance is payable at prescribed rates, with an enhanced rate after six months where delay is not attributable to the employee. If no penalty is imposed, the employee receives the difference between subsistence allowance and otherwise payable emoluments.

Regulation 85 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Sexual harassment of any woman employee at the workplace is prohibited, with its meaning governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Complaints are handled by the Internal Complaints Committee, which may initiate a reasoned inquiry, frame charges, receive the employee's defence and issue an inquiry report. The Committee may provide counselling or support services to the complainant, while the disciplinary authority initiates proceedings and imposes penalties for proven violations.

Regulation 84 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Misuse of Authority-granted facilities and concessions, including allotted residential accommodation, is prohibited. Residential accommodation may not be sub-let, leased, or occupied by another person unless expressly permitted. An employee must vacate allotted residential accommodation upon determination or cancellation of the allotment within the specified period.

Regulation 83 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must not, through broadcasts, electronic media, named or anonymous publications, press communications or public utterances, make statements of fact or opinion adversely criticising any current or recent policy or action of the Authority or Government. The prohibition applies regardless of the medium used or whether publication is made in the employee's own name, pseudonymously or through another person.

Regulation 82 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee service discipline prohibits an employee from addressing an appeal, representation or petition to any outside authority or person concerning a matter relating to the employee's service in the Authority. Such external communication is deemed a breach of discipline.

Regulation 81 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees require prior sanction to approach a court or the press to vindicate an official act subjected to adverse criticism or defamatory attack. If no response is received within 30 days of the Competent Authority receiving the request, permission may be assumed. Actions to vindicate private character or acts done in a private capacity are not restricted, but the employee must report such action to the Competent Authority.

Regulation 80 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Arrest or detention for debt or on a criminal charge places an employee under deemed suspension, with payment subject to later adjustment according to whether the period is treated as duty or leave. Full pay and allowances require treatment as on duty and acquittal or proof that no improper conduct caused detention. Committal for debt or conviction involving moral turpitude or official duties may result in dismissal or other penalties. Acquittal after a higher court sets aside the conviction requires reinstatement.

Employees in debt
Act Rules Indian Laws
Regulation 79 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must avoid habitual indebtedness or insolvency and promptly disclose debt-recovery or insolvency proceedings to the Competent Authority. Employees deemed to be in debt must provide signed half-yearly financial statements identifying corrective steps. False statements, failure to submit statements, inability to liquidate debts within a reasonable time, or seeking insolvency-court protection may attract disciplinary action.

Regulation 78 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must comply with local law on intoxicating drinks and drugs and ensure that no influence affects official-duty performance. They must not appear intoxicated in a public place or habitually use intoxicating drinks or drugs in excess. Public places include public conveyances and accessible locations, but exclude premises where lawful consumption is allowed under a valid licence or permit.

Regulation 77 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee participation in Authority-conducted recovery auctions is prohibited, whether undertaken directly or indirectly. The restriction covers auctions for movable and immovable property where the sale is conducted in recovery proceedings initiated under the Act or an enactment listed in the First Schedule to the Act. It prevents employees from acquiring property offered through the Authority's recovery process.

2023 (1) TMI 1552
Case Laws IBC
Financial creditor standing in consortium lending addresses default declarations, security trustee enforcement, inter-se decisions, and continuing guarantee liability.
Financial creditor standing to initiate a section 7 insolvency application in a consortium lending arrangement involves the relationship between an individual lender's declaration of default and collective decision-making under inter-se arrangements. The issues also cover the security trustee mechanism for holding and enforcing security, procedures for recalling facilities and coordinated enforcement, and the scope of a continuing guarantee and guarantor liability. The appeal was dismissed after no error was found in the appellate order.

Not to misuse official position
Act Rules Indian Laws
Regulation 76 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must not misuse their official position, seek or accept favours from an IFSC Unit, or obtain personal favours for themselves, family members, relatives or friends. Meetings with outside-agency representatives at residences or temporary tour headquarters for official discussions are prohibited. Oral or personal discussions on official dealings are allowed only where necessary, with the superior informed, and written communication must ordinarily be used. Employees must avoid conduct or facilities that compromise integrity and fairness in duty discharge.

Raising of subscriptions
Act Rules Indian Laws
Regulation 75 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee involvement in raising subscriptions requires the previous sanction of the Competent Authority. Employees may not ask for or accept contributions, or associate themselves with raising funds or other collections in cash or in kind, without that sanction. The requirement applies regardless of the objective of the fundraising or collection activity.

Regulation 74 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee association membership is restricted where an association's objects or activities prejudice the interests of the Authority, India's sovereignty and integrity, public order, or morality. Employees must neither join such an association nor continue an existing membership. This conduct and discipline obligation safeguards institutional interests and specified national and public-interest concerns, covering both prospective and continuing membership in associations with such prejudicial objects or activities.

Demonstrations
Act Rules Indian Laws
Regulation 73 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must not engage in or participate in demonstrations prejudicial to the Authority's interests, India's sovereignty and integrity, State security, friendly foreign relations, public order, decency or morality. The prohibition also covers demonstrations involving contempt of court, defamation or incitement of an offence.

Lending and Borrowings
Act Rules Indian Laws
Regulation 72 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees acting individually cannot borrow, or allow dependent family members to borrow, from brokers, money lenders, subordinate employees, or entities dealing with the Authority. They cannot incur race-meeting debts, lend privately to an IFSC Unit, or have personal dealings with such a unit for regulated financial services. Private guarantees and indemnities require prior permission. Cooperative credit society loans and surety arrangements are permitted, while debt-instrument subscriptions and prescribed investments or transactions are excluded from prohibited lending or personal dealings.

Regulation 71 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must declare assets and liabilities in the prescribed manner or, pending such prescription, as approved by the Competent Authority. Prior intimation is required for acquisition or disposal of immovable property, while previous sanction is mandatory for dealings with persons having official dealings with the employee. Specified movable-property transactions must be reported within 30 days. A complete property statement, including sources of acquisition, may be required.

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