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Regulation 100 of the International Financial Services Centres Authority (Employees' Service) Regula...
Each person must lodge an appeal separately and in that person's own name. The appeal must be presented to the authority to which it lies, with a copy forwarded to the authority that made the challenged order. It must contain all material statements and arguments relied upon, be complete in itself, and avoid disrespectful or improper language. The originating authority must forward the appeal, comments, and relevant records to the appellate authority without avoidable delay and without awaiting directions.
Regulation 99 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Appeals under the disciplinary and appeals framework must be filed within forty-five days from delivery to the appellant of a copy of the challenged order. The appellate authority may admit an appeal after expiry of that period only where it is satisfied that sufficient cause prevented timely filing, allowing condonation of a justified delay.
Regulation 98 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Appellate authority for disciplinary orders depends on the identity of the competent authority that made the order. Employees and former employees may appeal specified orders to the Authority, the Chairperson or a whole-time member, or the concerned Executive Director, as applicable. Appeals from common disciplinary proceedings follow a special route to the immediately superior authority. If the order-maker subsequently becomes the appellate authority, the appeal must be made to that person's immediately superior authority.
Regulation 97 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Subject to Regulation 96, employees may appeal suspension orders, specified disciplinary penalties and enhanced penalties. Appeals also cover adverse orders concerning pay, allowances, pension, other service conditions, interpretations of regulations or agreements, efficiency-bar stoppage, non-penal reversion, pension entitlement, subsistence allowances, and determinations of pay, allowances or duty status for periods of suspension or between service actions and reinstatement. The term employee includes former employees, while pension includes additional pension, gratuity and other retirement benefits.
Regulation 96 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 96 bars appeals against orders made by the Authority, interlocutory orders or steps assisting final disposal of disciplinary proceedings, and orders passed by an inquiring authority during an inquiry. The appeal bar for interlocutory or step-in-aid orders does not apply to an order of suspension.
Regulation 95 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Borrowed employees facing suspension or disciplinary proceedings require prompt communication to the lending authority. Where specified penalties are contemplated following disciplinary findings, the disciplinary authority may act after consulting the lending authority. A disagreement between the borrowing and lending authorities requires the employee's services to be returned to the lending authority. For penalties specified under Regulation 87(1)(b)(i) to (v), the employee's services and inquiry proceedings must be referred to the lending authority for necessary action.
Regulation 94 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees lent to other organisations are subject to a divided disciplinary framework. The borrowing authority may suspend the employee and conduct disciplinary proceedings, while promptly informing the lending authority. For one specified group of penalties, the borrowing authority may make orders after consultation; disagreement requires the employee to be placed at the lending authority's disposal. For the other specified group, the employee and inquiry record must be returned to the lending authority for action by the competent disciplinary authority, subject to prescribed safeguards and any further inquiry considered necessary.
Regulation 93 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Regulation 93 permits the disciplinary authority to depart from the ordinary inquiry procedure where an employee's conduct has led to criminal conviction, a written finding shows that inquiry is not reasonably practicable, or State security makes inquiry inexpedient. The authority may consider the circumstances and make appropriate orders. In conviction-based cases, the employee may be given an opportunity to represent against the proposed penalty before an order is made.
Regulation 92 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Common disciplinary proceedings may be ordered for two or more employees concerned in the same case by the authority competent to impose dismissal on all of them. Where different authorities hold that power, the highest authority may order joint action with the consent of the others. The order must designate the disciplinary authority, specify the penalties it may impose, and identify the applicable disciplinary procedure.
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...
An order imposing a specified minor penalty requires written notice of the proposed action and imputations, a reasonable opportunity for representation, consideration of the representation and inquiry record, and findings on every imputation. An inquiry is mandatory before withholding pay increments where pension may be adversely affected, the withholding exceeds three years, or it has cumulative effect. The record must include the intimation, imputations, representation, evidence, findings, any Commission advice, and reasoned order.
Regulation 89 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Where the disciplinary authority is not the inquiring authority, it may remit the matter for further inquiry after recording written reasons. The employee must receive the inquiry report and any tentative reasons for disagreement, and may submit a written representation within fifteen days. The disciplinary authority must consider that representation and record findings before imposing penalties under the applicable categories in Regulation 87. No separate opportunity to represent on a proposed penalty is required for penalties within Regulation 87(b).
Regulation 88 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Major-penalty disciplinary proceedings require an inquiry before the specified penalties may be imposed. The disciplinary authority may inquire itself or appoint an inquiring authority; the Internal Complaints Committee is the inquiring authority for sexual-harassment complaints where no separate procedure applies. Definite articles of charge, supporting facts, documents and witnesses must be served, with time for written defence and representation. The employee may inspect relevant records, seek production of relevant documents, cross-examine witnesses, lead defence evidence, and submit briefs; non-compliance may permit an ex parte inquiry.
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.
Regulation 86 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee suspension may be ordered where disciplinary proceedings are contemplated or pending, State security is prejudiced, or a criminal case is under investigation, inquiry, or trial. Suspension may also arise by deemed operation upon qualifying detention or conviction and imprisonment. It continues until modified or revoked, subject to periodic review and time-limited extensions. During suspension, the employee receives subsistence allowance at prescribed rates, with enhanced allowance subject to absence of employee-attributable delay. The suspension period may be treated as duty or leave where the employee is not dismissed, removed, or compulsorily retired.
Regulation 85 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Sexual harassment of a 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 establish its procedure, initiate a reasoned inquiry, frame charges, receive the employee's defence, and issue an inquiry report. The Committee may also provide counselling or support to the complainant. The Competent Authority initiates disciplinary 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.