1. Purpose:
The Company believes in the conduct of the affairs to be
fair and transparent manner by adopting highest
standards of professionalism, honesty, integrity and
ethical behaviour. Accordingly, the Company has adopted
the Code of Conduct (“the Code”), which lays down the
principles and standards that should govern the actions
of the Company and its employees / Vendors. Any actual
or potential violation of the Code, howsoever
insignificant or perceived as such, would be a matter of
serious concern. The role of any person in pointing out
such violations of the Code cannot be undermined.
The purpose of this Whistle Blower Policy (“the Policy”)
is to provide a mechanism including but not limited to
employees, customers, and/or third-party intermediaries
such as agents and consultants, vendors of the Company
to submit confidential and/or anonymous complaints about
possible irregularities, governance weaknesses,
financial reporting issues or other such matters.
This Policy allows for disclosure by employees,
customers and/or third-party intermediaries of such
matters internally, without fear of retaliation,
discrimination or adverse employment consequences, and
also permits the Company to address such disclosures or
complaints by taking appropriate action, including but
not limited to, disciplining or terminating the
employment and/or services of those responsible.
The purpose of this Policy is to provide a framework to
promote responsible and secure Whistle Blowing. The
Policy neither releases employees, customers and/or
third-party intermediaries 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.
2. Definitions
a) “Audit Committee” means the Audit Committee
constituted by the Board of Directors of the Company in
accordance with Section 177 of the Companies Act, 2013.
b) “Code” means the PMR’s Code of Conduct as in force
from time to time.
c) “Company” or PMR means PM Relocations Pvt. Ltd.
d) “Employee” means every employee of the Company,
including a Director, Head of each function, employees
on probation, and includes an ex-employee of the
Company.
e) “Investigator” means those persons authorized,
appointed, consulted or approached by the Company to
investigate the complaint.
f) “Protected Disclosure” means any good faith
communication that discloses or demonstrates an
intention to disclose information that may evidence
unethical or improper activity in the organisation.
g) “Subject” means, a person who is, the focus of
investigative fact finding either by virtue of Protected
Disclosure made or evidence gathered during the course
of an investigation.
h) “Whistle Blower” means any person making a protected
disclosure/Complaint under this Policy including but not
limited to Directors, Employees, Agents, Third Party
Service Providers and Intermediaries. He/ She is neither
an investigator nor a finder of facts, nor does he/ she
determine the appropriate corrective or remedial action
that may be warranted.
i) “Internal Complaints Committee (ICC)” mean committee
formed under Prevention of Sexual Harassment (POSH) by
the Company under The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act,
2013.
3. Scope
a) This Policy is an extension of the PMR Code of
Conduct. The Whistle Blower’s role is that of a
reporting party with reliable information. They are not
required or expected to act as investigators or finders
of facts, nor would they determine the appropriate
corrective or remedial action that may be warranted in a
given case.
b) Whistle Blowers should not act on their own in
conducting any investigative activities, nor do they
have a right to participate in any investigative
activities other than as requested by the Managing
Director or the Investigation Committee.
c) Protected Disclosure will be appropriately dealt with
by the Managing Director, as the case may be.
4. Role of Whistle Blower:
The Whistle Blower should, before making a complaint
under this policy, reasonably believe in good faith that
there exists sufficient reason or ground to make such
complaint. However, an employee who becomes aware of the
alleged wrongful conduct is encouraged to make a
disclosure as soon as possible.
5. Procedure for reporting:
a) Protected Disclosures should preferably be reported
in writing so as to ensure a clear understanding of the
issues raised and should either be typed or written in a
legible handwriting in English, Hindi or in the regional
language of the place of employment of the Whistle
Blower.
b) Protected Disclosures should be factual and not
speculative or in the nature of a conclusion and should
contain as much specific information as possible to
allow for proper assessment of the nature and extent of
the concern and the urgency of a preliminary
investigative procedure.
Complaints under this policy may be made to
rajeev[at]pmrelocations(dot)com Or may be sent By Post
to:
Rajeev Bhargava (Managing Director)
PM Relocations Private Ltd.,
Plot 370, 1st Floor,
Udyog Vihar, Phase-4,
Gurugram, 122015
Complaints related to Prevention of Sexual Harassment
(POSH) may be made by writing at
hrsupport[at]pmrelocations(dot)com
6. Investigation Process
a) All complaints received under this Policy will be
thoroughly investigated in accordance with the Code of
Conduct and Company’s policies. The complaints received
under this policy shall be examined within 2 working
days from its receipt. The Company shall ensure to:
i. Accept all complaints appearing prima-facie of
substance;
ii. Not reject any complaint prima-facie of substance
merely for the reason of it being anonymous;
iii. Forward the complaint to the appropriate
Investigators.
b) Depending upon the nature of the complaint,
investigators from the HR, Legal, PMR etc., will be
spearheading the investigation, as the case may be. The
Investigators are required to conduct fact-finding and
analysis related to cases of alleged improper or
unethical activities. Investigators derive their
authority and access rights from the Company when acting
within the course and scope and they shall have the
necessary competency.
a) Technical and other resources may be drawn upon as
necessary to augment the investigation. All
investigators shall be independent and unbiased both in
fact and appearance. Investigators have a duty of
fairness, objectivity, thoroughness, ethical behaviour
and observance of legal and professional standards.
Investigations will be launched only after preliminary
consideration that establishes that:
i. The allegation if true, constitutes an improper or
unethical activity, and;
ii. Either the allegation is accompanied by information
specific enough to be investigated or matters that may
be worthy of the management review.
b) All Protected Disclosure reported under this Policy
will be thoroughly investigated in accordance with the
procedure established.
c) The decision to conduct an investigation is not an
accusation and is to be treated as a neutral
fact-finding process. The outcome of the investigation
may or may not support a conclusion that an improper or
unethical act was committed and, if so, by whom.
Further, depending upon the facts and circumstances, the
Company may at its sole discretion decide on the need to
share the report / outcome with the Whistle Blower, as
may be appropriate.
d) The investigation shall ordinarily, be completed
within 15 to 30 days of the receipt of the disclosures,
and the final decision shall be taken basis the
Company’s disciplinary grid. Time period between the
pendency raised and receipt of requirements shall not be
covered under the said clause. However, if the complaint
falls under any of the matter which is governed by
specific regulation or laws (such as The Sexual
Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, then such
complaint shall be adhere to such timelines, as
specified therein. It is clarified that any disciplinary
or corrective action initiated against the Subject as a
result of an investigation pursuant to this policy shall
adhere to the applicable Code of Conduct and
disciplinary procedures.
e) The final decision on the complaint shall be
implemented by the Company basis the investigation
findings within 15 days after completion of
investigation.
f) The investigation will:
i. subscribe to the principles of fair and natural
justice i.e. a person shall not to be a judge in his own
case and opportunity of being heard shall be given to
the person complained against;
ii. keep records together with supporting evidencing
documents; and
iii. be done expeditiously resulting into a report
clearly stating findings and recommending the remedial
action.
g) The Top management shall be updated on a quarterly
basis, of the status of the Whistle Blowing Complaints
received by the Company.
h) Escalation process:
An appeal against the decision taken can be made within
15 days to the MD & CEO for this purpose. The MD & CEO
shall examine the appeal and grant its decision within 7
days of receipt of such appeal. However, for matters
governed by specific regulation or laws, the appeal
process & timelines enumerated therein shall be
followed.
i) The record of the complaint shall be preserved for 10
years or for a reasonable period in line with Document
retention policy of the Company.
7. Role of Subject:
The following principles shall be adhered to, while
dealing with any Whistle Blower complaint:
a) Subjects have a duty to co-operate with the
Management or any of the investigators during
investigation.
b) Subjects have right to consult with a person of their
choice, save except the investigators and/ or members of
the Audit Committee and/or the Whistle Blower.
c) Subjects have a responsibility not to interfere with
the investigation and to adhere to the directives from
the investigators in this regard. Evidence shall not be
withheld, destroyed or tampered with, and witnesses
shall not be influenced, coached, threatened or
intimidated in any manner.
d) Subjects will normally be informed of the
allegations.
8. Protection:
a) The identity of the Whistle Blower shall be kept
confidential to the extent possible and permitted by
law.
b) A Whistle Blower will not be at a disadvantage or
treated unfairly or discriminated against for the reason
of such whistle blow. The Company, as a policy, condemns
any kind of discrimination, harassment, victimization or
any other unfair employment practice being adopted
against Whistle-blowers. Complete protection will,
therefore, be given to Whistle-blowers against any
unfair practice like retaliation, threat or intimidation
of termination/suspension of service, transfer, demotion
etc.
c) Any other person assisting in the investigation
arising out of whistle blow will also be protected to
the same extent as the Whistle Blower.
d) An employee who retaliates against someone who has
reported a violation in good faith is subject to
disciplinary action up to and including termination of
employment.
e) A Whistle Blower or any other person assisting in the
matter arising out of Whistle Blow may report violation
of above to the HR Manager of the Company as if it is a
complaint under this policy.
f) A whistle-blower is expected to raise only bona-fide
complaints.
g) The protection is available provided that:
i. The communication/ disclosure is made in good faith
ii. Whistle blower reasonably believes that information,
and any allegations contained in it, are substantially
true; and
iii. Whistle blower is not acting for personal gain.
9. Disqualifications:
a) While it will be ensured that genuine Whistle Blowers
are accorded complete protection from any kind of unfair
treatment as herein set out, any abuse of this
protection will warrant disciplinary action.
b) Employee “Whistle Blowers", who make any Protected
Disclosures, which have been subsequently found to be
mala fide, frivolous or malicious shall be penalised in
accordance with the disciplinary policy and procedure.
c) Protection under this Policy would not mean
protection from disciplinary action arising out of false
or fake allegations made by a Whistle Blower knowing it
to be false or bogus or with a mala fide intention.
10. Legitimate employment action:
An employee against whom an adverse action has been
initiated for legitimate reasons or cause under Company
policies shall not use this policy as defence. It shall
not be a violation of this policy to take adverse action
against an employee whose conduct or performance
warrants appropriate action.
11. Concerns that can be raised:
The issues that can be addressed under the policy are
classified under breach of the policy/ misconduct/
misappropriation/ harassment, etc.
Employees are advised to whistle-blow in respect of the
following
a) All unlawful act whether civil or criminal;
b) Breach of or failure to implement or comply with any
Company Policy;
c) Manipulation of Company’s data or records;
d) Knowingly breaching any state/ central law, or
regulations including in personal capacity;
e) Unprofessional conduct or business practice;
f) Fraudulent or corrupt practices (including the
offering or accepting of bribes or otherwise gaining
undue advantage from a relationship with the company);
g) Questionable practices that have in any manner
circumvented the laid down procedures and policies of
the Company;
h) Dangerous practice(s) likely to cause physical harm/
damage to any person/ property;
i) Failure to rectify or take reasonable steps to report
a matter likely to give rise to significant and
avoidable cost or loss to the Company;
j) Abuse of power or authority for any unauthorized or
ulterior purpose;
k) Theft of cash/goods & services
l) Unfair discrimination, coercion, harassment in the
course of the employment or provision of services;
m) Any information on theft, data leakage etc. can also
be reported.
The list is only illustrative and not exhaustive and
shall include other acts pertaining to breach of policy/
misappropriation/harassment, etc.
The Company reserves the right to amend or modify this
policy in whole or in parts, at any time without
assigning any reason whatsoever.
The Company will ensure that the Whistle Blower Policy
is uploaded on the company official website and is
adequately communicated amongst the employees. Further,
the Company shall ensure that all the vendors and
service providers are also adequately informed of the
escalation and handling procedures with regard to
violation of PMR Code of Conduct and there shall be
standard clause in the vendor agreements to this effect.
Note: Policy should not be used in place of the
Company grievance procedures or be a route for raising
malicious or unfounded allegations against colleagues.
12. Confidentiality
The employee may choose to remain anonymous and raise
the concern under this policy. However, the employees
are encouraged to disclose their identities while
raising concerns under this Policy, this will assist in
obtaining additional details or evidence as may be
required during the inquiry or faster investigation.
Disclosures or complaints expressed anonymously may just
be enquired and ordinarily NOT be investigated.
The identity of the complainant and the process of
investigation will be kept confidential and it shall not
be disclosed. This would not have any impact on the
employee's performance appraisal, assignment of work or
other matters related to employment with the Company.
13. Communication & Training
The Company shall adopt various communication and
training initiatives on regular basis to create
awareness on Whistle Blower Policy and educate on
process of reporting of concerns.
14. Ownership and Review of Policy:
(a) This Policy is owned by Managing Director and has
the responsibility to implement and ensure compliance to
this Policy.
(b) The policy shall be reviewed at least once in three
years to keep up to date with the changing requirements.
Updated 21 October 2020
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