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Common Proceedings
Act Rules Indian Laws
Regulation 84 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Common disciplinary proceedings may be directed by the Competent Authority where a case concerns two or more employees. The disciplinary proceedings against all such employees may then be conducted jointly through common proceedings.

Communication of orders
Act Rules Indian Laws
Regulation 83 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Disciplinary or appeal-related orders made by the Competent Authority must be communicated to the employee concerned. Where an inquiry has been conducted, the employee must also be supplied with a copy of the inquiry report.

Regulation 82 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Minor penalty proceedings require written communication to the employee of the alleged lapses and an opportunity to submit a written defence. The defence must be filed within the specified period, which cannot exceed 15 days unless the Competent Authority grants an extension, and must be considered before orders are passed. Where an inquiry is considered necessary, the procedure applicable to major penalties must be followed.

Action on the inquiry report
Act Rules Indian Laws
Regulation 81 of the International Financial Services Centres Authority (Employees' Service) Regulat...
The Competent Authority may remit a disciplinary matter for fresh or further inquiry by recording written reasons, where it is not the Inquiry Officer. If it disagrees with findings on an article of charge, it must record its reasons and may make its own findings where the evidence on record is sufficient. Based on findings on any or all charges, it may impose a prescribed penalty or exonerate the employee where no penalty is warranted.

Regulation 80 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Major penalties may be imposed only after a formal inquiry into alleged misconduct or misbehaviour. Definite charges and supporting imputations must be served on the employee, who may submit a written defence, take assistance from another employee, inspect and seek relevant evidence, cross-examine witnesses, lead defence evidence, and file a written brief. The Inquiry Officer must assess the evidence and record reasoned findings on each charge. Non-compliance may result in an ex parte inquiry. The complete inquiry record must be forwarded to the Competent Authority where it did not conduct the inquiry.

Penalties
Act Rules Indian Laws
Regulation 79 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 79 classifies employee disciplinary sanctions into minor and major penalties for regulatory breaches, negligence, conduct detrimental to the Authority, indiscipline, and misconduct. Minor penalties include censure, withholding promotion or increments, recovery of pecuniary loss, and limited non-cumulative pay reduction. Major penalties include specified pay reduction, reduction in grade, post or service, compulsory retirement, removal, and dismissal. It also excludes specified increment withholding, non-promotion, reversion, employment termination, medical termination, and retirement actions from the meaning of penalty.

Regulation 78A of the International Financial Services Centres Authority (Employees' Service) Regula...
Sexual harassment of women employees at the workplace is prohibited. Complaints are handled by a Complaints Committee chaired by a senior woman employee and constituted with specified male, female and external representation, with at least half its members being women. The Committee may close motivated or frivolous complaints, initiate a reasoned inquiry where grounds exist, exercise inquiry-officer powers, and provide counselling or support services. Its findings are recorded as an inquiry report, while the Competent Authority initiates disciplinary proceedings and imposes penalties for proven conduct-rule violations.

Regulation 78 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 78 prohibits employees from misusing Authority-granted residential accommodation, facilities or concessions. Employees may not sub-let, lease, or allow another person to occupy allotted residential accommodation without the Authority's express permission. Following determination or cancellation of an allotment, the employee must vacate within the period specified by the allotting authority.

Regulation 77 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must not make statements of fact or opinion that adversely criticise a current or recent policy or action of the Authority or Government. The restriction covers broadcasts, electronic media, publications made under any name or anonymously, press communications, and public utterances. It does not apply to statements or views made in an official capacity or while performing assigned duties.

Regulation 76 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee disciplinary rules prohibit 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 conduct constitutes a breach of discipline.

Regulation 75 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 75 requires an employee to obtain prior sanction from the competent authority before approaching a court or the press to vindicate an official act subjected to adverse criticism or defamatory attack. It does not restrict action to vindicate the employee's private character or acts done in a private capacity, but any such action must be reported to the competent authority.

Regulation 74 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Arrest, detention or imprisonment of an employee triggers deemed suspension from the date of arrest or detention for the period directed by the competent authority, with suspension payment subject to adjustment of pay and allowances. Committal to prison for debt or conviction for an offence involving gross moral turpitude or bearing on the Authority's affairs or duties may result in dismissal or another prescribed penalty. Reinstatement follows where a higher court sets aside the conviction and acquits the employee.

Employees in debt
Act Rules Indian Laws
Regulation 73 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must manage private affairs to avoid habitual indebtedness or insolvency and promptly report debt-recovery or insolvency proceedings to the competent authority. Employees in debt must file signed half-yearly financial statements identifying corrective measures. False statements, failure to submit statements, inability to clear debts within a reasonable time, or seeking insolvency-court protection may attract disciplinary action. Debt and inability to liquidate it are determined by prescribed liability, income, personal-resource, expense, and time-based criteria.

Regulation 72 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must comply with laws concerning intoxicating drinks or drugs applicable at their place of posting. They must ensure that intoxicating drinks or drugs do not affect duty performance, must not appear intoxicated in a public place, and must not habitually consume intoxicating drinks or drugs in excess. Public places include qualifying clubs, bars, restaurants, public conveyances, and other places accessible to the public.

Regulation 71A of the International Financial Services Centres Authority (Employees' Service) Regula...
Employee participation in auctions conducted by the Authority for sale of movable or immovable property pursuant to recovery proceedings is prohibited. The restriction applies to both direct and indirect participation.

2026 (9) TMI 1034
Case Laws Income Tax
Section 50 computation fiction permits long-term capital loss set-off against gains from long-term depreciable assets.
Section 50 deems capital gains on transfer of depreciable assets to be short-term only for computing those gains. The deeming fiction does not change the underlying character of a depreciable asset held for more than three years as a long-term capital asset. Accordingly, under Section 74, brought-forward long-term capital loss may be set off against the capital gain computed under Section 50 on transfer of such a long-term depreciable asset.

Not to misuse official position
Act Rules Indian Laws
Regulation 71 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must not misuse their official position in dealings with outside agencies, market intermediaries or the public. Official clarifications should ordinarily be communicated in writing. Office facilities and official letterheads must not be used to seek allotment of shares or securities for family members, friends or associates. Employees must avoid activities, favours or physical facilities that may compromise integrity and fairness in performing official duties. Use of official position for personal favour for oneself, family members, relatives or friends is strictly prohibited.

1961 (11) TMI 89
Case Laws Indian Laws
Jury verdict review permits independent evidence assessment where material misdirection undermines a criminal acquittal on reference.
Section 307 CrPC permits a Sessions Judge to refer a jury acquittal where no reasonable body could have reached that verdict on the evidence, with recorded reasons. On a competent reference, the High Court independently evaluates the entire evidence, giving due weight to both the judge and jury, and may disregard a verdict affected by material misdirection, non-direction, perversity, or conflict with the weight of evidence. Where accident is pleaded, the charge must address the statutory presumption and special burden under Section 105 of the Evidence Act. Grave and sudden provocation requires loss of self-control in a reasonable person and excludes calculated conduct after time for passion to cool.

Raising of subscriptions
Act Rules Indian Laws
Regulation 70 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees must obtain prior sanction from the competent authority before soliciting or accepting contributions or participating in the raising of funds or other collections. The restriction applies to collections in cash or kind and operates irrespective of the purpose for which the funds are sought.

Regulation 69 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 69 prohibits an employee from joining or continuing membership in an association whose objects or activities prejudice the interests of the Authority, India's sovereignty and integrity, public order, or morality.

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