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Circular No. PUBLIC NOTICE NO. 12/2020 Dated:- 21-1-2020 Trade Notice Dated:- 21-1-2020 Trade Notice
OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-I) MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TALUKA: URAN, DISTRICT RAIGAD, MAHARASHTRA-400707. F. No. S/22-Gen-402/2017-18/AM(I)Part-II Dated : 21.01.2020 PUBLIC NOTICE NO. 12/2020 DIN 20200178NW00008A15CA Subject :- - reg. Attention of the importers, exporters, Customs Brokers and all other stakeholders is invited to the above mentioned subject. 2. Sound management of electrical and electronic waste (e-wast... ... ...

Form and contents of appeal
Act Rules Indian Laws
Regulation 100 of the International Financial Services Centres Authority (Employees' Service) Regula...
100. (1) Every person preferring an appeal shall do so separately and in her own name. (2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against; the said appeal shall contain all material statements and arguments on which the appellant relies, and shall not contain any disrespectful or improper language, and shall be complete in itself. (3) The authority which made the orde... ... ...

Period of Limitation of appeals
Act Rules Indian Laws
Regulation 99 of the International Financial Services Centres Authority (Employees' Service) Regulat...
99. No appeal preferred under this chapter shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant: Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. =============... ... ...

Appellate Authority
Act Rules Indian Laws
Regulation 98 of the International Financial Services Centres Authority (Employees' Service) Regulat...
98. (1) An employee, including a person who has ceased to be in service of the Authority, may prefer an appeal against all or any of the orders specified in Regulation 97 to the Authority, in case the Chairperson is the Competent Authority; Chairperson or whole-time member of the Authority, in case the Executive Director is the Competent Authority and Executive Director concerned, in all other cases. (2) Notwithstanding anything contained in sub-regulation (1)- (a) an appeal agai... ... ...

Regulation 97 of the International Financial Services Centres Authority (Employees' Service) Regulat...
97. Subject to the provisions of Regulation 96, an employee may prefer an appeal against all or any of the following orders, namely :- (a) an order of suspension made or deemed to have been made under Regulation 86; (b) an order imposing any of the penalties specified in Regulation 87, whether made by the disciplinary authority or by any appellate or revising authority; (c) an order enhancing any penalty, imposed under Regulation 87; (d) an order which- ... ... ...

Regulation 96 of the International Financial Services Centres Authority (Employees' Service) Regulat...
96. Notwithstanding anything contained in this chapter, no appeal shall lie against- (a) any order made by the Authority; (b) any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension; (c) any order passed by an inquiring authority in the course of an inquiry under Regulation 88. =============... ... ...

Regulation 95 of the International Financial Services Centres Authority (Employees' Service) Regulat...
95. (1) Where an order of suspension is made or a disciplinary proceeding is conducted against an employee whose services have been borrowed from another entity, the entity lending services of such employee (hereinafter in this regulation referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of the suspension of the employee or of the commencement of the disciplinary proceeding, as the case may be. (2) In the light of the findings in... ... ...

Regulation 94 of the International Financial Services Centres Authority (Employees' Service) Regulat...
94. . (1) Where the services of an employee are lent to any other authority (hereinafter in this regulation referred to as "the borrowing authority"), the borrowing authority shall have the powers of the appointing authority for the purpose of placing such employee under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceeding against him: Provided that the borrowing authority shall forthwith inform the Authority, (hereinafter in this regulation ... ... ...

Regulation 93 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Special disciplinary procedure permits departure from the ordinary inquiry process following criminal conviction, where an inquiry is not reasonably practicable for recorded written reasons, or where an inquiry is considered inexpedient in the interest of State security. The disciplinary authority may issue appropriate orders after considering the circumstances. In conviction-based cases, the employee may be given an opportunity to represent against the proposed penalty before an order is made.

Common Proceedings
Act Rules Indian Laws
Regulation 92 of the International Financial Services Centres Authority (Employees' Service) Regulat...
92. (1) Where two or more employees are concerned in any case, the authority competent to impose the penalty of dismissal from service on all such employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding. Note : If the authorities competent to impose the penalty of dismissal on such employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the con... ... ...

Communication of Orders
Act Rules Indian Laws
Regulation 91 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Disciplinary orders must be communicated to the concerned employee together with findings on every article of charge. If the disciplinary authority disagrees with the inquiring authority, it must provide its own findings and brief reasons for disagreement, so that the employee receives the basis of the disciplinary determination.

Regulation 90 of the International Financial Services Centres Authority (Employees' Service) Regulat...
90. (1) Subject to the provisions of sub-regulation (4) of Regulation 89, no order imposing on an employee any of the penalties specified in sub-clause (i) to (v) of clause (a) of sub-regulation (1) of Regulation 87 shall be made except after- (a) informing the employee in writing of the proposal to take action against her and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving her reasonable opportunity of making such representation as s... ... ...

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...
88. (1) No order imposing any of the penalties specified in sub-clauses (i) to (v) of clause (b) of sub- regulation (1) of Regulation 87 shall be made except after an inquiry held, as far as may be, in the manner provided in this Regulation. (2) Notwithstanding anything contained under these regulations, whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itsel... ... ...

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.

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