1. Definitions All words and expressions- used herein shall have the same meanings as are assigned to them in the Charter, Bye-laws and Regulations. In addition, the following shall apply: 1.1 "Improper conduct" shall mean any breach of the Bye-Laws, or Regulations, or Rules made in accordance with the Charter or Bye-laws including this Code of Professional Conduct, or any other conduct which in the opinion of the Disciplinary Committee indicates unfitness to be a member or which shall in the opinion of the Disciplinary Committee be unfitting to a member. 1.2 "Disciplinary Committee" shall include any committee or sub-committee of the Council set up for the purpose of investigating and/or adjudicating any allegations or complaints against a member. (See Clause 11). 1.3 "Profession" means the profession of metallurgy as defined in the Charter of the Institute. 1.4 "Employer" means any person, firm, company or other organisation employing the member in a remunerated position whether full-time or part-time. 1.5 "Client" means any person, firm, company or other organisation employing the member as a consultant remunerated by fees. 2. Professional Conduct A member's conduct shall uphold the dignity, reputation and good standing of the profession. Members convicted by a Court or other competent tribunal of a criminal offense which in the opinion of the Disciplinary Committee renders them unfit to be members, shall be guilty of improper conduct. 3. Public Interest 3.1 Members shall have an obligation to their client, their employer and the community at large to maintain their professional competence by appropriate professional development. 3.2 Members shall do all in their power to ensure that their professional activities in no way put at risk the health, safety or welfare of any person or expose property to the risk of destruction or serious damage. In addition, members shall have due regard for the need to protect working and living environments and the need to ensure efficient use of natural raw materials, reserves and resources. 3.3 Members shall inform their employer in writing of any conflict between their personal interest and faithful service to their employer. Members acting either in an executive or advisory capacity must also notify their employer in writing of any matters relating to safety and health of all employees with whom they are directly concerned, wherein they have been overruled by higher authority. 3.4 Members shall, if their professional advice is not accepted, take all reasonable steps to ensure that the person over-ruling or neglecting their advice is aware of the possible consequences they believe may result from such over-ruling or neglect. In addition to informing their employer in writing, members should also consider taking advice from the Institute. 3.5 Members shall follow the guidelines contained in the preceding paragraphs of this Regulation notwithstanding that a conflict of interest may result between such members and their employer. Members may be placed in a difficult position if the commercial policy or economic interests of their employer conflict with the optimum or safe course of action, particularly if such members have in the course of their activities to advocate their employer's point of view. Nevertheless, members should ensure that public safety is observed and that their professional principles are not compromised. 3.6 Should an occasion arise when the wishes of the client, the employer or a trade union appear to be inconsistent with the public interest or the reputation of the profession itself, and if such differences cannot be reconciled, then the public interest and maintenance of professional standards must be the members primary consideration. If members find themselves in a difficult situation, they should consider taking advice from the Institute before acting. 4. Fidelity Members shall discharge their duties to their employers or clients with complete fidelity. Members shall not accept remuneration for professional services other than from their employer or client, unless the consent of the employer or client is obtained and provided such consent is not unreasonably withheld. 5. Competing Interests 5.1 Members shall seek and obtain the consent of their employer to becoming a director or agent or contractor of any company or firm or individual which may undertake work in the same field as their employer. 5.2 Members should not reveal confidential factual information gained in previous employment without obtaining the express consent of the previous employer. 6. Canvassing Members shall not solicit employment nor shall they offer to make payments for the introduction of such employment in any manner which in the opinion of the Institute is improper or which may bring the Institute into disrepute. If members are in any doubt as to the interpretation of this Regulation they should contact the Professional Standards Committee who will advise them accordingly. 7. Injury to Reputation Members shall not recklessly or maliciously injure or seek to injure, directly or indirectly, the professional reputation of any other member. 8. Advertising Members shall not advertise or permit others to advertise on their behalf, in any manner which in the opinion of the Disciplinary Committee is harmful to the dignity of the profession. 9. Charges Members undertaking work as consultants shall not knowingly compete with other members on the basis of professional charges. Members shall not use the advantages of remunerated positions to knowingly compete on a basis which, in the opinion of the Institute, is unfair. 10. Disciplinary Action 10.1 Members reported to the Council for any alleged improper conduct shall be required to appear before the Disciplinary Committee, twenty-one days notice having been given to them in writing of the general nature of the allegations. 10.2 The said members shall be given an opportunity to be heard by the Disciplinary Committee and shall have the right to be represented, to call and cross-examine witnesses and generally to put forward such explanations or defences as they may think fit. 10.3 The Disciplinary Committee will be empowered to recommend to Council the following categories of disciplinary action to be taken in respect of members found guilty of improper conduct: 10.3.1 admonishment : for minor misconduct. The letter of admonishment will remain on a member 's file for the duration of his membership but the record of the admonishment will be removed after a period of time to be determined by the Committee in each case. 10.3.2 reprimand: for more severe cases of misconduct. The facts giving rise to the reprimand will be retained on a member's file for the duration of his membership and the Institute reserves the right to publish the name of a member so reprimanded. 10.3.3 expulsion from membership: for the most severe cases of misconduct. 10.4 The decision or recommendation of the Disciplinary Committee shall be reported to the Council within three months of the hearing. 11. Disciplinary Committee The Council shall set up from time to time either temporarily, or for a fixed period or on an ad hoc basis, a Disciplinary Committee of not less than seven past or present members of the Council under a Chairman nominated by the Council and with terms of reference determined by the Council to investigate and report back to the Council on any allegations or complaints against a member. The quorum for the Disciplinary Committee shall be the nearest whole number to three-fifths of the members nominated to the Disciplinary Committee.
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