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Disciplinary Procedure 

1. Any member against whom an allegation of misconduct is made, shall be informed in writing by the President of the Institution of the allegation and shall be given an opportunity to vindicate himself of the charges (Vide By Law 33). Such allegation may be in writing by an individual or by an institution. The President shall in consultation with the President - Elect will decide on whether the member has vindicated himself.

2. If the member is unable to vindicate himself, his case shall be referred to a Disciplinary Committee to investigate and report to the Council.

3. Disciplinary Panel and Disciplinary Committee

3.1 The Council at its first meeting for each session, will nominate six Fellows to constitute a Disciplinary Panel from whom a Disciplinary Committee (Vide By Law 31) will be selected to hear any disciplinary inquiry concerning the member.
3.2 A Disciplinary Committee shall comprise three Fellows who will be nominated by the Council. The Council will determine the terms of reference of such Disciplinary Committee and will also nominate a Chairperson.

4. Notification to MemberThe member shall be notified in writing by the Executive Secretary of the charge or charges of misconduct preferred against him. The member shall also be informed of the following:

4.1 That charges have been formulated for determination by the Disciplinary Committee;
4.2 The names of the members of the Disciplinary Committee;
4.3 That he is required to respond to the charges in writing to the Chairman of the Disciplinary Committee within fourteen days from the date of such notification;
4.4 That he is required to appear in person before the Disciplinary Committee at the time fixed for the hearing of the charges;
4.5 The schedule of evidence including the list of witnesses to be presented to the Disciplinary Committee in support of the charges;
4.6 The date, place and time fixed for commencement of the inquiry and the hearing of the charges by the Disciplinary Committee.

5. The member shall be given an opportunity to object against any member of the Disciplinary Committee on the grounds of prejudice. Reasons for such objection needs to be clearly stated. Such objections shall be considered by a committee comprising the President, the President - Elect and a senior Vice President who will be empowered in their discretion to select another person from the panel of qualified persons nominated by the Council to replace such person.

6. The Executive Secretary or a senior officer of the Institution nominated by him shall present the case against the member at the first meeting of the Disciplinary Committee.

7. The Disciplinary Committee shall permit the member against whom the complaint is made, to be represented at the disciplinary inquiry by a Corporate Member of the Institution or he may decide to conduct his own defense.

8. The Disciplinary Committee shall sit as frequently as possible until it arrives at a decision and shall endeavour to complete the inquiry within one month.

9. If the member against whom the complaint is made absents himself without a valid reason, the inquiry shall be adjourned and he shall be warned in writing by the Executive Secretary that proceedings will be held ex-parte.

10. Detailed Inquiry

On the documentary evidence provided if the Disciplinary Committee considers it is not necessary to conduct an inquiry it may so decide. If a detailed inquiry is decided upon, the following considerations will apply:

10.1 Inquiry shall unless the Council otherwise determines, be held in camera.
10.2 Where the complainant appears at the inquiry, he shall be given the opportunity to lead his evidence first.
10.3 At the conclusion of the evidence against the member, the member shall be entitled to lead his evidence.
10.4 If supporting oral evidence is required to arrive at a decision such evidence may be tested for veracity by cross-examination.
10.5 A member against whom a complaint is made should also have the right of cross-examination and shall be provided with an opportunity to do so. He shall be required to submit a list of witnesses and a schedule of evidence.
10.6 The Committee shall have power to restrict the examination and cross – examination of witnesses, by disallowing questions which are not relevant to the subject matter of the inquiry, or which are scandalous or needlessly offensive in form.
10.7 The member shall not be compelled to give evidence, but may be required by the Committee to produce documents relevant to the subject matter of the inquiry.
10.8 The Disciplinary Committee at any stage of the inquiry may seek legal advice if thought necessary with the approval of the President/ Council.

11. The decision of the Disciplinary Committee on any matter of procedures or any objection raised on procedural grounds shall be final.

12. The decision and any recommendations of the Disciplinary Committee made at the conclusion of the inquiry shall be submitted to the President of the Institution within three weeks thereafter. The President shall submit the decision and recommendation of the Disciplinary Committee to the Council for action.

13. Order of the Council

The order of the Council on the recommendation of the Disciplinary Committee shall be notified to the member by the Executive Secretary. The member shall be entitled within one month of the date of receipt of such notification to make written appeal as to why disciplinary action should not be taken against him. The Council may refer such appeal to the Disciplinary Committee for their observations. The decision of the Council shall be final and shall be conveyed to the member by the Executive Secretary.

Annex to the Disciplinary Procedure

Adverse reports published in the media against members of IESL

In case of adverse reports in the media against members of IESL, which in the opinion of the Council merits further investigation, the member concerned should be first written to for his views. If the response received is not satisfactory, then the Institution should write to the immediate superior officer of the member concerned requesting clarification.