CORPORATE OVERVIEW : WHISTLE BLOWER POLICY
CORPORATE OVERVIEW : WHISTLE BLOWER POLICY
The Company has adopted the Code of Ethics & Business Conduct, which lays down the principles and standards that should govern the actions of the Company and its employees. Any actual or potential violation of the Code, howsoever insignificant or perceived as such, would be a matter of serious concern for the Company. The role of employees in pointing out such violations of the Code cannot be undermined. Accordingly, this Whistleblower Policy (“the Policy”) has been formulated with a view to provide a mechanism for employees of the Company to raise concerns on any violations of legal or regulatory requirements, incorrect or misrepresentation of any financial statements and reports, etc.
The Company is committed to adhere to the highest standards of ethical, moral and legal conduct of business operations. To maintain these standards, the Company encourages its employees who have concerns about suspected misconduct to come forward and express these concerns without fear of punishment or unfair treatment. This policy aims to provide an avenue for employees to raise concerns on any violations of legal or regulatory requirements, incorrect or misrepresentation of any financial statements and reports, etc.
The Whistleblower policy intends to cover serious concerns that could have grave impact on the operations and performance of the business of the Company.
The policy neither releases employees from their duty of confidentiality in the course of their work, nor is it a route for taking up a grievance about a personal situation.
“Disciplinary Action” means any action that can be taken on the completion of /during the investigation proceedings including but not limited to a warning, imposition of fine, suspension from official duties or any such action as is deemed to be fit considering the gravity of the matter.
“Employee” means every employee of the Company
“Protected Disclosure” means a concern raised by a written communication made in good faith that discloses or demonstrates information that may evidence unethical or improper activity. Protected Disclosures should be factual and not speculative in nature.
“Subject” means a person or group of persons against or in relation to whom a Protected Disclosure is made or evidence gathered during the course of an investigation under this Policy.
“Whistleblower” is someone who makes a Protected Disclosure under this Policy.
“Whistle Officer” means an officer who is nominated/ appointed to conduct detailed investigation of the disclosure received from the whistleblower and recommend disciplinary action.
“Company” means, “Tamboli Capital Limited”.
“Good Faith”: An employee shall be deemed to be communicating in “good faith” if there is a reasonable basis for communication of unethical and improper practices or any other alleged wrongful conduct. Good Faith shall be deemed lacking when the employee does not have personal knowledge or a factual basis for the communication or where the employee knew or reasonably should have known that the communication about the unethical and improper practices or alleged wrongful conduct is malicious, false or frivolous.
“Policy” means, “Whistleblower Policy.”
Various stakeholders of the Company are eligible to make Protected Disclosures under the
Policy. These stakeholders may fall into any of the following broad categories:
▪ Employees of the Company
▪ Employees of other agencies deployed for the Company‟s activities, whether working from any of the Company‟s offices or any other location
▪ Contractors, vendors, suppliers or agencies (or any of their employees) providing any material or service to the Company
▪ Customers of the Company
▪ Any other person having an association with the Company
A person belonging to any of the above mentioned categories can avail of the channel provided by this Policy for raising an issue covered under this Policy.
The Policy covers malpractices and events which have taken place/ suspected to take place involving:
1. Abuse of authority
2. Breach of contract
3. Negligence causing substantial and specific danger to public health and safety
4. Manipulation of company data/records
5. Financial irregularities, including fraud or suspected fraud or Deficiencies in Internal Control and check or deliberate error in preparations of Financial Statements or Misrepresentation of financial reports
6. Any unlawful act whether Criminal/ Civil
7. Pilferation of confidential/propriety information
8. Deliberate violation of law/regulation
9. Wastage/misappropriation of company funds/assets
10. Breach of Company Policy or failure to implement or comply with any approved
Policy should not be used in place of the Company grievance procedures or be a route for raising malicious or unfounded allegations against colleagues.
To ensure that this Policy is adhered to, and to assure that the concern will be acted upon seriously, the Company will:
1. Ensure that the Whistleblower and/or the person processing the Protected Disclosure is not victimized for doing so
2. Treat victimization as a serious matter, including initiating disciplinary action on person/(s) indulging in victimisation
3. Ensure complete confidentiality
4. Not attempt to conceal evidence of the Protected Disclosure
5. Take disciplinary action, if any one destroys or conceals evidence of the Protected
Disclosure made/to be made
6. Provide an opportunity of being heard to the persons involved especially to the
Whistleblowers must put their names to allegations as follow-up questions and investigation may not be possible unless the source of the information is identified. Disclosures expressed anonymously will ordinarily NOT be investigated.
|Protection to Whistle Blower:
1. If one raises a concern under this Policy, he/she will not be at risk of
suffering any form of reprisal or retaliation. Retaliation includes
discrimination, reprisal, harassment or vengeance in any manner. Company‟s
employee will not be at the risk of losing her/ his job or suffer loss in any
other manner like transfer, demotion, refusal of promotion, or the like
including any direct or indirect use of authority to obstruct the
Whistleblower's right to continue to perform his/her duties/functions
including making further Protected Disclosure, as a result of reporting under
this Policy. The protection is available provided that:
|Accountabilities - Whistle Blowers:
a) Bring to early attention of the Company any improper practice they become
|Accountabilities - Whistle Officer:
a) Conduct the enquiry in a fair, unbiased manner
|Rights of a Subject:
a) Subjects have the right to be heard and the Whistle Officer must give
adequate time and opportunity for the subject to communicate his/her say on
|Management Action on False Disclosures:
An employee who knowingly makes false allegations of unethical & improper practices or alleged wrongful conduct shall be subject to disciplinary action, up to and including termination of employment, in accordance with Company rules, policies and procedures. Further this policy may not be used as a defense by an employee against whom an adverse personnel action has been taken independent of any disclosure made by him and for legitimate reasons or cause under Company rules and policies.
|Procedure for Reporting & Dealing with Disclosures:|
|Access To Reports and Documents:
All reports and records associated with „Disclosures‟ are considered confidential information and access will be restricted to the Whistleblower, and Whistle Officer. “Disclosures” and any resulting investigations, reports or resulting actions will generally not be disclosed to the public except as required by any legal requirements or regulations or by any corporate policy in place at that time.
|Retention of Documents:
All Protected Disclosures in writing or documented along with the results of investigation relating thereto shall be retained by the Company for a minimum period of 5 years.
A quarterly status report on the total number of complaints received during the period, with summary of the findings of the Whistle offer and the corrective actions taken will be sent to the CMD of the Company.