Whistle Blower Policy
In order to uphold the principles of better governance and to facilitate compliance throughout the organization structure a reporting mechanism has been framed for Directors and employees of the Company, to report their genuine concerns and / or issues pertaining to Compliance in confidence to the higher echelon of management. The efficacy of the reporting mechanism and its successful implementation as a tool for initiating preventive / corrective action, however, is dependent and based upon the following understandings, covenants, rationale, procedures etc.:
- Directors / employees can report their genuine concerns and / or any incidence of unethical behavior, violation or potential violation of the Company’s Compliance Code, any actual / suspected fraud, any actual or potential lapse, default in compliance and the like without fear of retribution or victimization.
- Directors / employees can make such report in writing (save and except in case of any exigency, when verbal communication will be considered as adequate) to their respective departmental heads, who in turn, will place, furnish, communicate such reports to / before the Compliance Committee and / or the Chief Compliance Officer and / or the Nominated Director or any other constituent Member thereof, for consideration and suitable action.
- Directors / employees alternatively can make such report in writing (save and except in case of any exigency, when verbal communication will be considered as adequate), directly to the Chief Compliance Officer and / or the Nominated Director or any of the Members of the Compliance Committee, as per the contact particulars stated in the Compliance Code of Conduct.
- The reports received either by the Chief Compliance Officer and / or the Nominated Director or any of the Members of the Compliance Committee, whether through the concerned departmental heads or directly, will be placed before the subsequent meeting of the Compliance Committee for deliberation, redressal and consequent action. The Compliance Committee shall be the competent authority for and on behalf of the Company, to take any preventive / corrective action, or remedial measure, in the context and with regard to the subject reporting mechanism. Where any such report makes any allegation against any of the Members of the Compliance Committee, any such Member shall forthwith recuse himself from participating in the proceedings of the Compliance Committee in so far as consideration of the said report is concerned and such Member shall not in any manner try and influence any of the other Members of the Compliance Committee.
- The Compliance Committee, wherever necessary may refer the concerned matters / issues to any other competent forum, professional experts, legal counsels etc., whether internal or external, for requisite review, analysis, investigation and consequent guidance / opinions / advises, if any, so as to take an effective, rational and unbiased redressal measure with regard to such concerned matters / issues.
- It is emphasized that this mechanism is for facilitating the principles of better governance and seeks to provide well established in-house forum for redressal of genuine concerns and for taking preventive / corrective measures and thereby ensuring consequent compliance at all levels. In this view, the Directors / employees are expected to blow their whistles, that is, to raise the alarm bell and / or to voice their concerns, without any fear or apprehension, whenever they apprehend any potential danger and / or to seek redressal of their genuine concerns. Directors / employees should therefore, adhere to the letter and spirit of the Code and principles of Law and equity. The concerned reporting Directors / employees should always act in good faith and be prudent and reasonable in his approach. There should not be any ‘Malice’ in their reporting.
- There will not be any retaliation against or victimization of the reporting Directors / employees (provided there is no ‘Malice’ reporting), as the mechanism is to facilitate preventive / corrective action based on rationale and confidence, which certainly, calls for the honesty / integrity of the concerned Directors / employees making the said report.
- Every effort will be made to protect the identity of the reporting Directors / employees, subject to legal constraints. Concerns expressed anonymously will not be usually taken into cognizance but subject to the seriousness of the issue raised, the Compliance Committee or the Nominated Director at their discretion, jointly and / or severally, may initiate such independent action as may be considered necessary. Malicious or frivolous allegations by Directors / employees may result in suitable action including reprimand.
- Notwithstanding anything contained hereinabove and in addition to the procedures / provisions aforementioned, Directors / employees can also directly report in writing, any incident, event or cause of lapse, default, non-compliance, unethical conduct, fraud or any violation of Company’s Compliance Code of Conduct and / or any genuine concerns, whether actual or potential, at the dedicated Compliance related Email address firstname.lastname@example.org. This dedicated Compliance Email address is accessed directly by the Managing Director (“Chief Compliance Officer”), Nominated Director (“Member”) and Executive Chairman (“Member”). After receiving the concerned report / mail information, wherever required, the Managing Director/ Executive Chairman / Nominated Director, jointly and / or severally, may take requisite steps including placing the said report / information before the Compliance Committee for redressal / necessary action. The Compliance Committee thereafter, will follow the mechanism, procedures mentioned herein and all guiding principles, rationale, covenants, procedures, etc shall be applicable accordingly.
- Notwithstanding anything contained herein, in case of Sexual Harassment within the Workplace as defined and interpreted in Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as ‘the Act’) and / or the applicable guidelines, in addition to the protection / redressal mechanism prescribed in the Act / guidelines, a Complaint may be made on the happening of any such event, in writing by the aggrieved women or some other person on her behalf to the Compliance Committee and / or any of its Members through the dedicated e-mail address as above or otherwise, as may be necessary.The Compliance Committee and / or its concerned Member (through the Compliance Committee), will refer the matter to such prescribed authorities, entities and / or adopt, pursue such mechanism, procedures, measures as may be necessary, for proper justice and governance, in terms and as prescribed under the Act / guidelines.
The Whistle Blower Policy / Vigil Mechanism of MCC PTA India Corp. Private Limited has been amended comprehensively, taking into consideration the principles detailed in the Compliance Code of Conduct of the Company, Companies Act 2013 and the Rules framed thereunder, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and other applicable statutory enactments and accordingly, adopted vide Board Resolution dated July 11, 2014.