Code of Conduct
Introduction
Mai Hu Na Charitable Trust is a non-governmental charitable organisation registered in Thane, Maharashtra, India. The organisation is fully committed to the principle of honesty, integrity and fair play in the delivery of services to the public. The Trustees and the staff should ensure that the businesses of Mai Hu Na Charitable Trust, such as applications for services, procurement or staff recruitment, are dealt with in an open, fair and impartial manner. This Code of Conduct sets out the basic standard of conduct expected from all the Trustees and staff and the organisation’s policy on matters like acceptance of advantages and declaration of conflict of interest by the Trustees and staff in connection with their official duties. This Code also applies to temporary or part-time staff employed by the organisation. A Trustee or any staff / employee of an organisation who solicits or accepts an advantage in connection with his work without the permission of the employer may commit an offence. The term “advantage” includes almost anything of value, except entertainment, such as money, gift, commission, loan, fee, reward, office, employment, contract, service or favour (refer Appendix 1).
Acceptance of Advantages & Gifts
It is the policy of this organisation to prohibit all Trustees and staff from soliciting any advantage from any persons having business dealings with the organisation (e.g. clients, suppliers, contractors). Any gifts offered voluntarily to any Trustee or staff in their official capacity are regarded as gifts to the organisation and they should not be accepted without permission. Staff should decline the offer if the acceptance could affect their objectivity in conducting the organisation’s business or induce them to act against the interest of the organisation, or lead to complaints of bias or impropriety. For gifts which are presented to staff / Trustee in their official capacity and of nominal value (below Rs.500/-), the refusal of which could be seen as unsociable or impolite (e.g. a plaque presented to a Trustee / staff member during a seminar in which he / she is invited to be the guest speaker), the Management Board has given a blanket permission to accept these gifts. In other circumstances, the Trustee / staff should apply in writing to the Management Board for permission to accept the gifts. Each application should be carefully considered by the Board of Trustees. Proper records of these applications should be kept showing the name of the applicant, the occasion of the offer, the nature and estimated value of the gift, and whether permission has been granted for the applicant to retain the gift or other directions have been given to dispose of the gift. Possible ways of disposal of such gifts are listed at Appendix 2.
Conflict of Interest
A conflict-of-interest situation arises when the “private interests” of the Trustee / staff compete or conflict with the interests of the organisation. “Private interests” means both the financial and personal interests of the staff or those of their connections including: a) family and other relations. b) personal friends. c) the clubs and societies to which they belong. d) and any person to whom they owe a favour or are obligated in any way. Trustees / Staff should avoid using their official position or any information made available to them in the course of their duties to benefit themselves, their relations or any other persons with whom they have personal or social ties. They should avoid putting themselves in a position that may lead to an actual or perceived conflict of interest with the organisation. Failure to avoid or declare any conflict of interest may give rise to criticism of favouritism, abuse of authority or even allegations of corruption. Trustee / Staff involved in the procurement process should declare conflict of interest if they are closely related to or have beneficial interest in any company which is being considered for selection as the NGO’s supplier of goods or services. Appendix 3 provides some examples of conflict-of-interest situations which may be encountered. When called upon to deal with matters of the organisation for which there is an actual or perceived conflict of interest, the Trustee / staff member should make a declaration in writing to Management Board. He / She should then abstain from dealing with the matter in question or follow the instruction of the Management Board who may reassign the task to other person.
Entertainment
Entertainment refers to food or drink provided for immediate consumption on the occasion, and any other entertainment provided at the same time. Although entertainment is an acceptable form of business and social behaviour and is not an “advantage”, Trustee / staff must not accept lavish or frequent entertainment from persons with whom the organisation has official dealings (e.g. suppliers or contractors), so that they will not be placed in a position of obligation to the offeror.
Misuse of Official Position
Trustee / Staff who misuse their official position for personal gains or to favour their relatives or friends are liable to disciplinary action or even prosecution. Examples of misuse include a staff member responsible for the selection of suppliers giving undue favour or leaking tender information to his relative’s company with a view to awarding the contract to the latter.
Handling of Classified or Proprietary Information
Trustees / Staff members are not allowed to disclose any classified or proprietary information to anybody without authorisation. Trustee / Staff who have access to or are in control of such information should at all times provide adequate safeguards to prevent its abuse or misuse. Examples of misuse include disclosure of information (including personal data) in return for monetary rewards, or use of information for personal interest.
Compliance with the Code
It is the personal responsibility of every Trustee / staff member to understand and comply with the Code of Conduct. All managers should also in their daily supervision ensure that their subordinates understand and comply with the standards and requirements stated in the Code. Violation of any provision of the Code will attract disciplinary action.
Appendix 1
“Advantage” means :
(a) any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e) the exercise or forbearance from the exercise of any right or any power or duty; and
(f) any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e)
Appendix 2
Ways to dispose of gifts presented to a staff member in his official capacity
• If the gift is of perishable nature (e.g. food or drink), it may be shared among the office or during an activity organised by a service unit of the NGO.
• If the gift is a useful item, it may be sent to a charitable organisation or a service unit of the NGO.
• If the gift is of historical or other interest, it may be sent to a library or museum.
• If the gift is suitable for display (e.g. a painting, vase, etc), it may be retained for display in the recipient’s office or elsewhere in the organisation.
Appendix 3
Examples of Conflict-of-Interest Situations
A) A staff member takes part in the selection of suppliers or contractors, one of the bidders under consideration being his family member, relative or close personal friend.
B) A staff member has a financial interest in a company which is being considered for selection as the NGO’s supplier of goods or services.
C) A staff member accepts frequent or lavish entertainment or expensive gifts from the NGO’s suppliers or contractors.
D) A staff member serves as a member of the NGO’s recruitment or promotion board, and one of the candidates under consideration by the board is his family member, relative or close personal friend.
E) A staff member responsible for processing applications for admission to a home for the elderly operated by the NGO is considering an application from his family member, relative or personal friend.
Mai Hu Na Charitable Trust: Registration No. E 12024 Thane.
Registered office: Casablanca Hiranandani Estate, Thane – 400607
Subscribe Now
Don’t miss our future updates! Get Subscribed Today!