BUSINESS ETHICS---- UNIT-2

What is ingraining ethical process in life and work ?

The 'ingraining ethical process in life and work' refers to the
development of ethical ideals and habits through living one's life and
doing one's work. While not always noticeable, this process does
happen in numerous daily ways over the course of time; for example,
by cultivating a strong sense of the virtue of rising early in one who
has for many years been forced to rise early in order to get to work
on time.
What does it mean to have a good work ethic?
Answer . \nHaving a good work ethic can take you a long way in your career.\n. \
nI’ve seen numerous references to the historical meaning of phrases like “good
work ethic” and rather than getting bogged down in various interpretations of what
it means, the reality is that employers tend to look favorably on staff who are
considered to have a strong work ethic.\n. \nPeople often refer to someone as
having a good work ethic when they work hard however I think there is a lot more
to having a good work ethic than just this.\n. \nI ’ve found that showing your
colleagues and superiors that you care and have a good attitude with regards to
your work can help you build a good reputation that carries you far.\n. \nTo me,
having a good attitude goes hand in hand with having a good work ethic.\n. \nI ’ve
found that it can be easy to exceed the expectations of others simply by being
someone who is reliable, diligent and professional. Conversely, having the
opposite of these traits can be your quickest way to being seen as a lazy employee
who is not held in high regard by others.\n. \nThese days, companies often get by
with fewer staff doing more work so being seen as someone with a good work
ethic can really help to distinguish you from others especially during periods of
downsizing or conversely when it comes time to promote someone.\n. \nTo me,
having a good work ethic in a modern sense refers to being professional, diligent
and caring about your work and the people you work with.\n. \nCompleting your
work on time, not wasting the time of your colleagues, sending professional emails
without typos, offering your help to others when they require it. I think these are all
hallmarks of people with a strong work ethic.\n. \nA positive attitude goes a long
way, too.

Work ethics in a call centre?

Call centre ethics depends upon the individual call centres itself. But broadly
speaking, it can be rationalized as follows. 1. Honesty- the offers must be stated
clearly & honestly so that the customer is clear about what he's committing to and
also you are clear about what you have committed to yourself. 2. Proper
Identification - call centre agents must state on whose behalf they are talking or
from which company they are talking along with their name in opening line. 3.
Purpose of the Call - agent must disclose why he/she is calling asap in
conversation. 4. Hours of Operation - Outbound Calls to either business or
consumer must not be placed during hours that are unreasonable that is before
8:00am or after 9:00pm(local time at called party's location).On Saturdays no calls
should be placed before 10:00am or after 9:00pm. On Sundays no calls are
suggested before 12:00 noon. No calls should be made on public or religious
holidays. The tsr must be considerate and sensitive to any inconveniences caused
during weekend calling. Inbound Calls -The timing of inbound call is determined
by the customer and the offer or agreement of the service provider. 5. Training - all
telemarketing representatives must be given adequate training in professional
telemarketing skills and adhere to authorized script and general ethical rules. 6.
Privacy - Telemarketing technology enables the collection and exchange of
personal information on an unprecedented scale everyday. There is an increased
risk for violating the privacy of individuals or groups. It is the responsibility of the
teleprofessional to maintain the privacy and integrity of all data describing
individuals. This includes taking precautions to ensure the accuracy of the data
collected as well as protecting it from unauthorized access or accidental disclosure
to inappropriate individuals. 7. Integrity - Honoring one's commitments;for the
teleprofessional this includes honoring contracts, agreements, and assigned
responsibilities. 8. Respect - Respect for ourselves, respect for others, and respect
for our environment. 9. Testimonial Any testimonial given by a marketer will be
accurate and with permission of the original source i.e. the company they are
marketing for 10. Client Privacy - TSR will remove a customers name from a call
list when asked to do so. without rheir consent coz they hhave listed number don't
disturb them. 11. Minor Relations - Marketers will use common sense and
discretion when talking to children. They will be sensitive to the age targeted along
with the knowledge and maturity of this demographic.

How do ethics affect your life?

Ethics is not just knowing right from wrong, but understanding the factors behind
choices we make every day, especially when right vs. wrong is less clear. We are
bombarded today with different types of ethics. As just some examples: . Work
Ethics . Industry Ethics . Medical Ethics . Bio-technology ethics . Nursing Ethics .
etc. Whether a teen, adult, or senior citizen, we all face ethical decisions every day.
One need not be a professional -- or even be employed -- to come face to face with
decisions involving ethics. As an example: Tommy always stops at a corner store
before going to his high school. The store is owned by an older couple who rely on
the store's income to pay their bills and pay for medical expenses. But, many
students find the older man to be grouchy and stern and few students like him
much. The woman seems nice, except that she moves slowly which annoys many
of the kids. Today when Tommy pays for his orange juice, 2 granola bars, and the
latest sci-fi magazine, he hands over a $10.00 bill and impatiently waits while the
woman 'makes change'. Then, one at a time, she counts the bills back into his hand.
Tommy guesses his change will be about $4.90 but the woman counts back $14.50
in change, and turns to wipe up a counter. For a second, Tommy thinks of just
taking it. But--- he quickly changes his mind. He realizes that stores rely on
income, especially small privately owned stores. He turns back and tells the
woman she gave him too much change. As another example: Mary Sue wants to
get a new outfit; she has a big date coming up. But her mom won't pay to buy
anything new, telling Mary Sue she has to make do with one of the many outfits in
her closet. A friend, though, tells Mary Sue she should take money from her
savings account, buy a new dress, hide it from her mother, wear the dress for her
date--then-- "Just return it!" the friend says. Mary Sue thinks that's a grand idea
and goes the very next day to buy the dress, which she hides at her friend's house.
The day after her date, she takes the receipt and dress and tries to return it to the
store. But the cashier notices the white marks of deodorant on the underarms and
smells perfume coming from the fabric. She knows the dress was worn. But instead
of stating this, the cashier first says, "We can't accept back clothing that's been
worn." At that moment, Mary Sue has her last chance to be ethical. She already
broke ethical rules along the way, but this is a last chance. Does she admit she
wore it? Or, does she try to argue and become nasty? Medical and nursing ethics
often center around either "difficult cases" or -- professional mistakes. A difficult
case might be what to with a premie infant born with an unusual chronic condition
which is known to result in death. A recent case in Canada involved a child under 2
years old who was afflicted with the same terminal condition that killed his brother
3 years before. This boy was on a ventilator and would not be able to breathe if it
was removed. Due to long term medical costs (primarily), the hospital petitioned a
Canadian court for permission to remove the ventilator and let the boy die. The
parents argued that no one but God has the right to dictate when death should
occur, and that removing the breathing tube would result in a frightening and
painful 4 minutes of suffocation before the child would go unconscious, and then
die. A hospital in the United States agreed to assume the boy's care, rather than the
proposed Canadian decision to let the child die. So, very often, ethical decisions in
medicine revolve around costs and payment, as well as personal ethics. For
medical or nursing mistakes, ethics is a little different. Professionals must have
strong professional ethics, as well as personal ethics. That means, when a mistake
occurs, professional and personal ethics should be strong enough that the
professional is willing to admit the mistake. Most mistakes in hospitals and nursing
homes would (or could) go unnoticed and unreported-- unless the patient or family
is very aware, or unless the mistake leads to death and the death is suspicious.
Probably the biggest mistake is that a patient was prescribed or was given (or both)
the wrong medication. This could easily be covered up, if a doctor or nurse choose
to do so. But, instead, a nurse or doctor can basically report their own wrong act.
By practicing good ethics, the patient can be observed and treated if the wrong
medicine causes problems later. The same ethics apply to all employees, in any
job, including jobs for teenagers. We all know people who show up for work,
punch in on the clock, then-- disappear for hours. Maybe they know a storage room
where they sleep. Or, maybe they know where cameras won't catch them being
lazy and not working. Some air traffic controllers recently (April 2011) got in
trouble because they were caught sleeping on the job. But whether in an airport
tower, or in a fast food restaurant, some employees can try to beat the system and
earn money without doing their work. This is called "poor work ethics"-- and it's a
form of cheating that ends up "costing" everyone (not just that employer or
company). Employers can't run effectively when employees don't have strong
personal and work ethics. The examples go on and on. A key to understanding
ethics is to watch for and hear the voice inside yourself when you are in situations
that you *could* do something wrong and think you wouldn't be caught doing it. If
your thoughts before doing an action make you feel nervous, afraid, afraid of being
caught, or feeling that you'll "get one over" on someone else, it's likely you are
breaking an ethical boundary. It's more than just your conscience or knowing right
from wrong. Ethics involves doing what is right, even if you temporarily feel you'd
be doing better to do something wrong. But, people find that when they do follow
strong ethical principles--including admitting when we've done the wrong thing or
make a serious mistake-- that they actually feel much better about themselves.
There is a particular kind of pride involved when you maintain strong personal
ethics in all areas of life, whether at home, school, in a job or in a relationship.

How to Develop a Code of Conduct for Your Company

BY SUSAN M. HEATHFIELD

Updated July 20, 2018

A Code of Conduct is a written collection of the rules, principles, values, and

employee expectations, behavior, and relationships that an organization considers
significant and believes are fundamental to their successful operation.

A Code of Conduct enumerates those standards and values that make an

organization remarkable and that enable it to stand out from similar organizations.
The Code of Conduct is named by an organization to reflect the culture that is
present in the organization and to make a statement.
The Purpose

While Code of Conduct is a popular title, other companies call it their Code of
Business Ethics, Code of Ethical Business Conduct and Code of Ethics and
Standards. The last is popular in professional associations. No matter what an
organization calls it, the Code of Conduct serves as a framework for ethical decision
making within an organization. The Code of Conduct is a communication tool that
informs internal and external stakeholders about what is valued by a particular
organization, its employees, and management.

The Code of Conduct is the heart and soul of a company. Think of a Code of
Conduct as an in-depth view of what an organization believes and how the
employees of an organization see themselves and their relationship with each other
and the rest of the world. The Code of Conduct paints a picture of how employees,
customers, partners, and suppliers can expect to be treated as a result.

Development

All sorts of organizations develop a Code of Conduct. Companies develop a Code of

Conduct to promulgate principles and ethics that will make them attractive to
customers, employees, and other stakeholders.

Non-profits create a Code of Conduct for these reasons and to ensure that
employees and clients understand and trust their mission of service. Professional
associations develop Codes of Conduct for similar reasons and to suggest standards
for ethical behavior across an industry and in the professional behavior of its
members.

Several examples of a Code of Conduct were so powerful in guiding the behavior,

standards, and ethics of an organization that they became famous in and of
themselves. At Johnson & Johnson, for example, Robert Wood Johnson, company
chairman from 1932 to 1963 and a member of the organization's founding
family, wrote their famous Credo in 1943. William Hewlett and David Packard long
managed Hewlett-Packard (HP): The HP Way.

A Code of Conduct can also be a document that details an organization's

expectations and requirements of their vendors, suppliers, and partners. Also
commonly called a supplier code of ethics, the Code of Conduct lays the groundwork
for the organization's relationship with its partners.

For example, Apple's (and the Electronics Industry's) Supplier Code of

Conduct states that "Apple is committed to ensuring that working conditions in
Apple's supply chain are safe, that workers are treated with respect and dignity, and
that manufacturing processes are environmentally responsible."

Another frequent component of the Code of Conduct for suppliers is that they are
discouraged from offering gifts to employees who, by their Code of Conduct, are
unable to accept them lest there be any questionable use of their services.

Develop and Integrate

A Code of Conduct is written by an executive team; developed by a cross-section of

employees from various functions; or designed by organization development,
corporate communications, marketing, supplier relationships, and/or Human
Resources staff, depending on the organization and its internal mode of operation
and management style.

A Code of Conduct that is developed either by a powerful, esteemed executive, often

also the owner, or by a cross-section of employees sans such an executive's
influence, is easier to incorporate and integrate. It is more likely to affect the actual
beliefs and operation of an organization.

The Code of Conduct will more likely achieve full implementation and integration
within the organization when more stakeholders are involved in its creation.

Like the process recommended for the development, alignment, and communication
of an organization's values or the integration of a strategic plan, participation
contributes to the successful integration of a Code of Conduct. Use these same
recommended steps for your process to develop your Code of Conduct.

Disseminate

A Code of Conduct is published and disseminated to its employees, and to existing

and potential stakeholders such as members of the board of directors, customers,
partners, vendors, suppliers, potential employees and the general public. It is the
image that the company wants to convey to these stakeholders about who the
company is and what these stakeholders can expect in terms of value-driven
treatment.

Frequently posted on the organization's website and in their annual report to

shareholders, the Code of Conduct is both an internal commitment to a standard of
behavior and beliefs and a public declaration of the organization's position on a set
of standards, values, principles, and belief.

Code of Conduct for Managers

by Sam Amico

A code of conduct is important for managers in every industry, as a workforce can’t move forward without
integrity from its leaders. The best managers place a high value on fairness and ethics, as well as their own
performance. Not only do managers who create their own code of conduct benefit their workers, but they
also often benefit the entire company’s public image.

Honesty

Managers in every industry must understand their company’s policies and guidelines, as well as its
mission, and how they are expected to go about accomplishing their goals. They also need to know and
follow the laws of the government, particularly as they pertain to business. Mostly, effective managers
must be honest about aspects such as production and profit at all times. While being dishonest isn’t always
a federal offense, it can result in numerous issues for a company.

Accountability

Good managers expect their workers to take responsibility for their actions and overall performance, and
demand the same of themselves. That means answering to ownership or executive boards when things
don’t go right, accepting the blame, and coming up with solutions to avoid future issues.

Integrity

Managers who perform their jobs with a high level of integrity are widely the best type of supervisors to
work for. That’s because managers who possess integrity are often consistent in their decision-making and
resolution of issues. These managers also make their goals clear and assist employees when it comes to
reaching those goals.
Respect

Appropriate behavior is a key factor in a code of conduct for a manager, who must demonstrate acceptable
behavior in the workplace. That doesn’t mean managers need to act like robots and display little signs of
personality. Quite the opposite, actually, as many managers are expected to be energetic and lead in areas
of teamwork and motivation. But they also need to treat staff members, customers and their own
supervisors with the same respect they would expect for themselves.

Flexibility

While most companies don’t expect their managers to display sympathy to employees who aren’t meeting
expectations, most businesses prefer leaders who are patient and work with those in need of assistance.
Good managers show their workers how jobs are best performed, then monitor workers and offer
suggestions and tips. After all, the goal of managers in every industry is to make sure workers stay
productive and the company stays profitable.

Code of Conduct for Public Servants

DEFINITION

In this document (Chapter 2 of the new Public Service Regulations, July 01 1999), any word or expression to
which a meaning has been assigned in the Act, bears the meaning so assigned thereto, and "this Act" means
the Public Service Act, 1994, and the regulations issued in terms thereof.

1. PURPOSE

In order to give practical effect to the relevant constitutional provisions relating to the Public Service,
all employees are expected to comply with the Code of Conduct ('the Code') provided for in this
Chapter.

The Code should act as a guideline to employees as to what is expected of them from an ethical point
of view, both in their individual conduct and in their relationship with others. Compliance with the
Code can be expected to enhance professionalism and help to ensure confidence in the Public Service.
 
2. INTRODUCTION

The need exists to provide guidelines to employees with regard to their relationship with the
legislature, political and executive office-bearers, other employees and the public and to indicate the
spirit in which employees should perform their duties, what should be done to avoid conflicts of
interests and what is expected of them in terms of their personal conduct in public and private life.

Although the Code of Conduct was drafted to be as comprehensive as possible, it does not provide a
detailed standard of conduct. Heads of department are, in terms of section 7(3)(b) of the Act, inter
alia responsible for the efficient management and administration of their departments and the
maintenance of discipline. They may therefore, after the matter has been consulted in the appropriate
Chamber of the Public Service Bargaining Council, and without derogating from it, supplement the
Code of Conduct provided for in this Chapter in order to provide for their unique circumstances. Heads
of department should also ensure that their staff are acquainted with these measures, and that they
accept and abide by them.

The primary purpose of the Code is a positive one, viz. to promote exemplary conduct.
Notwithstanding this, an employee shall be guilty of misconduct in terms of Section 20 (t) of the
Public Service Act, 1994, and may be dealt with in accordance with the relevant sections of the Act if
he or she contravenes any provision of the Code of Conduct or fails to comply with any provision
 thereof.
 
3. THE CODE OF CONDUCT

1. Relationship with the Legislature and the Executive

An employee -

 is faithful to the Republic and honours the Constitution and abides thereby in the execution of
his or her daily tasks;
 puts the public interest first in the execution of his or her duties;
 loyally executes the policies of the Government of the day in the performance of his or her
official duties as contained in all statutory and other prescripts;
 strives to be familiar with and abides by all statutory and other instructions applicable to his
or her conduct and duties; and
 co-operates with public institutions established under legislation and the Constitution in
promoting the public interest.

2. Relationship with the Public

An employee -

 promotes the unity and well-being of the South African nation in performing his or her official
duties;
 will serve the public in an unbiased and impartial manner in order to create confidence in the
Public Service;
 is polite, helpful and reasonably accessible in his or her dealings with the public, at all times
treating members of the public as customers who are entitled to receive high standards of
service;
 has regard for the circumstances and concerns of the public in performing his or her official
duties and in the making of decisions affecting them;
 is committed through timely service to the development and upliftment of all South Africans;
 does not unfairly discriminate against any member of the public on account of race, gender,
ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion,
conscience, belief, culture or language;
 does not abuse his or her position in the Public Service to promote or prejudice the interest
of any political party or interest group;
 respects and protects every person's dignity and his or her rights as contained in the
constitution; and
 recognises the public's right of access to information, excluding information that is
specifically protected by law.

3. Relationship among Employee

An employee -

 co-operates fully with other employees to advance the public interest;

 executes all reasonable instructions by persons officially assigned to give them, provided
these are not contrary to the provisions of the Constitution and/or any other law;
 refrains from favouring relatives and friends in work-related activities and never abuses his
or her authority or influences another employee, nor is influenced to abuse his or her
authority;
 uses the appropriate channels to air his or her grievances or to direct representations;
 is committed to the optimal development, motivation and utilisation of his or her staff and
the promotion of sound labour and interpersonal relations;
 deals fairly, professionally and equitably with other employees, irrespective of race, gender,
ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion,
conscience, belief, culture or language; and
 refrains from party political activities in the workplace.

1. Performance of Duties

An employee -
  strives to achieve the objectives of his or her institution cost-effectively and in the public's
interest;
 is creative in thought and in the execution of his or her duties, seeks innovative ways to
solve problems and enhances effectiveness and efficiency within the context of the law;
 is punctual in the execution of his or her duties;
 executes his or her duties in a professional and competent manner;
 does not engage in any transaction or action that is in conflict with or infringes on the
execution of his or her official duties;
 will recuse himself or herself from any official action or decision-making process which may
result in improper personal gain, and this should be properly declared by the employee;
 accepts the responsibility to avail himself or herself of ongoing training and self-development
throughout his or her career;
 is honest and accountable in dealing with public funds and uses the Public service=s property
and other resources effectively, efficiently, and only for authorised official purposes;
 promotes sound, efficient, effective, transparent and accountable administration;
 in the course of his or her official duties, shall report to the appropriate authorities, fraud,
corruption, nepotism, mal-administration and any other act which constitutes an offence, or
which is prejudicial to the public interest;
 gives honest and impartial advice, based on all available relevant information, to higher
authority when asked for assistance of this kind; and
 honours the confidentiality of matters, documents and discussions, classified or implied as
being confidential or secret.

1. Personal Conduct and Private Interests

An employee -

 during official duties, dresses and behaves in a manner that enhances the reputation of the
Public Service;
 acts responsibly as far as the use of alcoholic beverages or any other substance with an
intoxicating effect is concerned;
 does not use his or her official position to obtain private gifts or benefits for himself or herself
during the performance of his or her official duties nor does he or she accept any gifts or
benefits when offered as these may be construed as bribes.
 does not use or disclose any official information for personal gain or the gain of others; and
 does not, without approval, undertake remunerative work outside his or her official duties or
use office equipment for such work.

This document was prepared and developed by the Public Service Commission, and was initially issued as a
GOVERNMENT NOTICE/GAZETTE: Regulation Gazette 5947, No. R. 825, on June 10 1997.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner

During the presentation of his case and also while acting before a court, an advocate should act in a
dignified manner. He should at all times conduct himself with self-respect. However, whenever there is
proper ground for serious complaint against a judicial officer, the advocate has a right and duty to submit
his grievance to proper authorities.

2. Respect the court

An advocate should always show respect towards the court. An advocate has to bear in mind that the
dignity and respect maintained towards judicial office is essential for the survival of a free community.

3. Not communicate in private

An advocate should not communicate in private to a judge with regard to any matter pending before the
judge or any other judge. An advocate should not influence the decision of a court in any matter using
illegal or improper means such as coercion, bribe etc.

4. Refuse to act in an illegal manner towards the opposition

An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the
opposing parties. He shall also use his best efforts to restrain and prevent his client from acting in any
illegal, improper manner or use unfair practices in any mater towards the judiciary, opposing counsel or
the opposing parties.

5. Refuse to represent clients who insist on unfair means

An advocate shall refuse to represent any client who insists on using unfair or improper means. An
advocate shall excise his own judgment in such matters. He shall not blindly follow the instructions of the
client. He shall be dignified in use of his language in correspondence and during arguments in court. He
shall not scandalously damage the reputation of the parties on false grounds during pleadings. He shall not
use unparliamentary language during arguments in the court.

6. Appear in proper dress code

An advocate should appear in court at all times only in the dress prescribed under the Bar Council of India
Rules and his appearance should always be presentable.

7. Refuse to appear in front of relations

An advocate should not enter appearance, act, plead or practice in any way before a judicial authority if the
sole or any member of the bench is related to the advocate as father, grandfather, son, grandson, uncle,
brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-
law, son-in-law, brother-in-law daughter-in-law or sister-in-law.

8. Not to wear bands or gowns in public places

An advocate should not wear bands or gowns in public places other than in courts, except on such
ceremonial occasions and at such places as the Bar Council of India or as the court may prescribe.

9. Not represent establishments of which he is a member

An advocate should not appear in or before any judicial authority, for or against any establishment if he is
a member of the management of the establishment. This rule does not apply to a member appearing as
“amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society or a Bar
Association.

10. Not appear in matters of pecuniary interest

An advocate should not act or plead in any matter in which he has financial interests. For instance, he
should not act in a bankruptcy petition when he is also a creditor of the bankrupt. He should also not accept
a brief from a company of which he is a Director.

11. Not stand as surety for client

An advocate should not stand as a surety, or certify the soundness of a surety that his client requires for the
purpose of any legal proceedings.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT

1. Bound to accept briefs

An advocate is bound to accept any brief in the courts or tribunals or before any other authority in or
before which he proposes to practise. He should levy fees which is at par with the fees collected by fellow
advocates of his standing at the Bar and the nature of the case. Special circumstances may justify his
refusal to accept a particular brief.

2. Not withdraw from service

An advocate should not ordinarily withdraw from serving a client once he has agreed to serve them. He
can withdraw only if he has a sufficient cause and by giving reasonable and sufficient notice to the client.
Upon withdrawal, he shall refund such part of the fee that has not accrued to the client.

3. Not appear in matters where he himself is a witness

An advocate should not accept a brief or appear in a case in which he himself is a witness. If he has a
reason to believe that in due course of events he will be a witness, then he should not continue to appear
for the client. He should retire from the case without jeopardising his client’s interests.

4. Full and frank disclosure to client

An advocate should, at the commencement of his engagement and during the continuance thereof, make all
such full and frank disclosure to his client relating to his connection with the parties and any interest in or
about the controversy as are likely to affect his client’s judgement in either engaging him or continuing the
engagement.

5. Uphold interest of the client

It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable
means. An advocate shall do so without regard to any unpleasant consequences to himself or any other. He
shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused.
An advocate should always remember that his loyalty is to the law, which requires that no man should be
punished without adequate evidence.

6. Not suppress material or evidence

An advocate appearing for the prosecution of a criminal trial should conduct the proceedings in a manner
that it does not lead to conviction of the innocent. An advocate shall by no means suppress any material or
evidence, which shall prove the innocence of the accused.

7. Not disclose the communications between client and himself

An advocate should not by any means, directly or indirectly, disclose the communications made by his
client to him. He also shall not disclose the advice given by him in the proceedings. However, he is liable
to disclose if it violates Section 126 of the Indian Evidence Act, 1872.

8. An advocate should not be a party to stir up or instigate litigation.

9. An advocate should not act on the instructions of any person other than his client or the client’s
authorised agent.

10. Not charge depending on success of matters

An advocate should not charge for his services depending on the success of the matter undertaken. He also
shall not charge for his services as a percentage of the amount or property received after the success of the
matter.

11. Not receive interest in actionable claim

An advocate should not trade or agree to receive any share or interest in any actionable claim. Nothing in
this rule shall apply to stock, shares and debentures of government securities, or to any instruments, which
are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods.

12. Not bid or purchase property arising of legal proceeding

An advocate should not by any means bid for, or purchase, either in his own name or in any other name,
for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in
which he was in any way professionally engaged. However, it does not prevent an advocate from bidding
for or purchasing for his client any property on behalf of the client provided the Advocate is expressly
authorised in writing in this behalf.

13. Not bid or transfer property arising of legal proceeding

An advocate should not by any means bid in court auction or acquire by way of sale, gift, exchange or any
other mode of transfer (either in his own name or in any other name for his own benefit or for the benefit
of any other person), any property which is the subject matter of any suit, appeal or other proceedings in
which he is in any way professionally engaged.

14. Not adjust fees against personal liability

An advocate should not adjust fee payable to him by his client against his own personal liability to the
client, which does not arise in the course of his employment as an advocate.

15.An advocate should not misuse or takes advantage of the confidence reposed in him by his client.
16.Keep proper accounts

An advocate should always keep accounts of the clients’ money entrusted to him. The accounts should
show the amounts received from the client or on his behalf. The account should show along with the
expenses incurred for him and the deductions made on account of fees with respective dates and all other
necessary particulars.

17. Divert money from accounts

An advocate should mention in his accounts whether any monies received by him from the client are on
account of fees or expenses during the course of any proceeding or opinion. He shall not divert any part of
the amounts received for expenses as fees without written instruction from the client.

18. Intimate the client on amounts

Where any amount is received or given to him on behalf of his client, the advocate must without any delay
intimate the client of the fact of such receipt.

19. Adjust fees after termination of proceedings

An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to him from the
account of the client. The balance in the account can be the amount paid by the client or an amount that has
come in that proceeding. Any amount left after the deduction of the fees and expenses from the account
must be returned to the client.

20. Provide copy of accounts

An advocate must provide the client with the copy of the client’s account maintained by him on demand,
provided that the necessary copying charge is paid.

21. An advocate shall not enter into arrangements whereby funds in his hands are converted into
loans.

22. Not lend money to his client

An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which
he is engaged by such client. An advocate cannot be held guilty for a breach of this rule, if in the course of
a pending suit or proceeding, and without any arrangement with the client in respect of the same, the
advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of
the client for the progress of the suit or proceeding.

23. Not appear for opposite parties

An advocate who has advised a party in connection with the institution of a suit, appeal or other matter or
has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party in the same
matter.

RULES ON ADVOCATE’S DUTY TO OPPONENTS

1. Not to negotiate directly with opposing party

An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter
of controversy with any party represented by an advocate except through the advocate representing the
parties.

2. Carry out legitimate promises made

An advocate shall do his best to carry out all legitimate promises made to the opposite party even though
not reduced to writing or enforceable under the rules of the Court.

RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES

1. Not advertise or solicit work

An advocate shall not solicit work or advertise in any manner. He shall not promote himself by circulars,
advertisements, touts, personal communications, interviews other than through personal relations,
furnishing or inspiring newspaper comments or producing his photographs to be published in connection
with cases in which he has been engaged or concerned.

2. Sign-board and Name-plate

An advocate’s sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or

stationery should not indicate that he is or has been President or Member of a Bar Council or of any
Association or that he has been associated with any person or organisation or with any particular cause or
matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate
General.

3. Not promote unauthorized practice of law

An advocate shall not permit his professional services or his name to be used for promoting or starting any
unauthorised practice of law.

4. An advocate shall not accept a fee less than the fee, which can be taxed under rules when the client
is able to pay more.

5. Consent of fellow advocate to appear

An advocate should not appear in any matter where another advocate has filed a vakalt or memo for the
same party. However, the advocate can take the consent of the other advocate for appearing.

In case, an advocate is not able to present the consent of the advocate who has filed the matter for the same
party, then he should apply to the court for appearance. He shall in such application mention the reason as
to why he could not obtain such consent. He shall appear only after obtaining the permission of the Court.

GUIDANCE FOR INSTITUTION CODES OF CONDUCT The Code of Conduct of each licensed
professional engineering institution shall place a personal obligation on its members to act with
integrity and in the public interest. It should be worded in such a way as to encourage members to
act in accordance with the Statement of Ethical Principles published by the Royal Academy of
Engineering and the Engineering Council. Institutions shall ensure that they have appropriate
disciplinary processes that comply with this Engineering Council Guidance in place to deal with
breaches of their Codes of Conduct. Specifically, Codes of Conduct should oblige members to: 1. Act
with due skill, care and diligence and with proper regard for professional standards 2. Prevent
avoidable danger to health or safety. 3. Prevent avoidable risk to both physical and cyber security. 4.
Act in accordance with the principles of sustainability, and prevent avoidable adverse impact on the
environment and society. 5. Maintain and enhance their competence, undertake only professional
tasks for which they are competent, and disclose relevant limitations of competence. 6. Accept
appropriate responsibility for work carried out under their supervision. 7. Treat all persons fairly and
with respect. 8. Encourage others to advance their learning and competence. 9. Avoid where
possible real or perceived conflict of interest, and advise affected parties when such conflicts arise.
10. Observe the proper duties of confidentiality owed to appropriate parties. 11. Reject bribery and
all forms of corrupt behaviour, and make positive efforts to ensure others do likewise. 12. Raise a
concern about a danger, risk, malpractice or wrongdoing which affects others (‘blow the whistle’),
and support a colleague or any other person to whom you have a duty of care who in good faith
raises any such concern. 13. Assess and manage relevant risks and communicate these
appropriately. 14. Assess relevant liability, and if appropriate hold professional indemnity insurance.
15. Notify the Institution if convicted of a criminal offence or upon becoming bankrupt or
disqualified as a Company Director. 16. Notify the Institution of any significant violation of the
Institution's Code of Conduct by another member

Code Of Conduct
(Guidelines/Best Practices for Council Members/Members/LMAs Affiliated to AIMA)

1. Canvassing:
AIMA being a professional management organization does not encourage members to indulge in
canvassing or other such activities. Any kind of canvassing by the candidates contesting the elections
will be restricted to a Curriculum Vitae  (CV) of 50 words or less which will be circulated by the
Secretariat.

2. Code Of Conduct For AIMA Members, Council Members And Lmas

Affiliated To AIMA:
The Council shall have powers to prescribe codes of conduct for (a) AIMA members (b) Council
members (c) LMAs affiliated to AIMA which shall be strictly adhered to by them. In case of any
contraventions of respective code, the Council shall be the powers to take such disciplinary action as
it considers appropriate.

A) Code Of Conduct For AIMA Members (Professional Individual /

Corporate / Institutional Members)
This document formalizes the generally understood norms of conduct for All Members of All India
Management Association (AIMA) covering Professional Individual / Corporate / Institutional Members.
The Council and membership of the AIMA look to all its members to meet these standards and to
maintain the reputation of the Association by following this Code of Conduct

The code can be reviewed by the Council.

Enforcement:
All matters relating to complaints or violations of the Code shall be referred to a committee- called
Ethics Committee formed by AIMA Council.
Standards
Every member is obliged to comply with AIMA Code of Conduct for Members, and will also make a
genuine attempt to foster the standards laid down in the said document in all dealings.

Every member admitted to any grade of membership shall necessarily fulfill the basic eligibility
criterion to become the member of AIMA as prescribed in the Memorandum of Association

Act at all times in accordance with the provisions of Memorandum of  the   Association, Rules and
Regulations  and  the  Bye-laws of the Association (including this Code of Conduct);

Ensure a transparent relationship with AIMA, based on trust, respect, responsibility and integrity;

Have pride in their status as an AIMA member and in any AIMA qualifications they hold and aim to
promote its values to others, especially industry bodies, employers and prospective members;

Aim to seek opportunities to support AIMA / LMA activities and to provide their expertise and
experience in the best interests of the Association and its stakeholders;

Treat AIMA Office Bearers, Council Members, other members, and AIMA employees with the same
respect they would wish to be given;

Ensure that their membership of the AIMA is not publicised in any way that might suggest that they
hold a professional qualification, which they are not entitled to;

Ensure that any conduct, promotion or public announcement, with which a member, their name or
qualifications are connected, does not bring AIMA and its stakeholders into disrepute;

Advise AIMA of any members who are not following its rules or this Code, and advise AIMA of anyone
wrongly representing themselves as a member;

It is expected that Members who are elected to the Council of Management of AIMA, will make every
effort to attend and actively participate in Council and Committee meetings and the AGM. 

Always act in the interest of the Association and ensure that any other business or personal
association which a member may have, does not conflict with those of AIMA.

When dealing with issues related to regulatory matters and government policies, members should
bear in mind the primacy of the Association and the public interest.

All decisions taken by the Council by voting majority are final and all members are expected to
respect such decision and abide by them.

Interaction with Media/Government/ Any other agencies

Members shall refrain from public criticism of Council decisions, organizational policies / stands on
key issues. Any such comments shall be confined to Council meetings and not at public platforms,
and media interactions.  Only President /DG are authorized to speak on behalf of AIMA. 

Unless specifically designated for the purpose, members must not represent themselves as speaking
officially on behalf of the Association, and should take utmost care to avoid being placed in a position
where they might be misrepresented as speaking for the Association.

Safeguard the confidentiality of all information and avoid unauthorized communication of official
information received by them by virtue of their position.

Non Adherence
Any instance of non-adherence to the above Code of Conduct / any other observed unethical
behavior on the part of any member should be brought to the attention of the Code Administrator who
shall be the Director General and who shall report it to the Committee mentioned in Para 1. The
Committee shall after investigation, recommend suitable action to the President who shall bring it
before the AIMA Council.

Penalty for breach of Code of Conduct

The  AIMA Council  will  have  the  right  to  take disciplinary action against  any member who shall
have, in the opinion of the Council, willfully acted in contravention of the Code of conduct, or who in
the opinion of the Council, shall have  been  guilty  to  such  conduct  as  shall  render him/her unfit to
remain a member of the Association. 

Penalty may include serious disciplinary action, removal or suspension from council as well as other
remedies, including recommendations for any of the above penalty, as considered appropriate by the
Council under the circumstances.  Council’s decision shall be final in this respect.

Waivers & Amendments

Any waiver or amendment of any provision of this Code of Conduct can be considered as appropriate
from time to time and must be approved in the Council.

b) Code Of Conduct For AIMA Council Members

This document formalizes the generally understood norms of conduct for Members of the AIMA
Council. It applies to all Members of the Council. The code can be reviewed by the Council.

Enforcement:
All matters relating to complaints or violations of the Code shall be referred to a committee, with a
term of three years, with one Member retiring each year, and Members to be nominated by the then
President, and consisting of three Past presidents of AIMA.

Council Decisions
Council Members have the same responsibilities as Board members of companies and are
responsible for all decisions when finally taken by the Council.

Members are entitled to revisit decisions of the council for review, but only at meetings of the Council.

Standards
All members of the Council shall conduct themselves with the highest standards of honesty, integrity,
fairness and ethics, in all their activities and especially regarding AIMA and in their work.

Shall perform their roles with competence, diligence, in good faith and act in the best interests of the
Association.

It is expected that Members of the Council, and especially elected Members, will make every effort to
attend and actively participate in Council and Committee meetings and the AGM.

Shall provide their expertise and experience in the best interests of the Association and its
stakeholders. They should express their views without fear or favour.

Give careful and independent consideration to the affairs of the Association and satisfy themselves
with the soundness of key decisions taken by the Management based on all documents / information
placed before them. They should call for additional information, where necessary, for making such
judgments.

Always act in the interest of the Association and ensure that any other business or personal
association which a member may have does not   conflict with those of AIMA.

It is expected that Members shall privately disclose to the President any situation that appears to
create a conflict of interest between personal interests and those of the Association and it's
stakeholders' interests.  

Members shall behave with courtesy and respect to all in Council debates and at Council meetings.

When dealing with issues related to regulatory matters and government policies, members should
bear in mind the primacy of the Association and the public interest.

All decisions taken at the meeting of the Council by voting majority are final and all members are
expected to respect such decision and abide by them.

Interaction with Media/ Government/Any other agencies

Members shall refrain from public criticism of Council decisions, organizational policies / stands on
key issues. Any such comments shall be confined to Council meetings and not at public platforms,
and media interactions.  Only President /DG are authorized to speak on behalf of AIMA.

Members shall refrain from public criticism of Council decisions, organizational policies / stands on
key issues. Any such comments shall be confined to Council meetings and not at public platforms,
and media interactions.

Unless specifically designated for the purpose, members must not represent themselves as speaking
officially on behalf of the Council / Association, and should take utmost care to avoid being placed in a
position where they might be misrepresented as speaking for the Council/Association.

Safeguard the confidentiality of all information and avoid unauthorized communication of official
information received by them by virtue of their position.

Non Adherence
Any instance of non-adherence to the above Code of Conduct / any other observed unethical
behavior on the part of any council member should be brought to the attention of the Code
Administrator who shall be the President and who shall report it to the Committee mentioned in Para
1. The Committee shall after investigation, recommend suitable action to the President who shall bring
it before the AIMA Council .

Penalty for breach of Code of Conduct

Penalty may include serious disciplinary action, removal or suspension from council as well as other
remedies, including recommendations for any of the above penalty, as considered appropriate by the
Council under the circumstances.  Council’s decision shall be final in this respect.

Waivers & Amendments

Any waiver or amendment of any provision of this Code of Conduct can be considered as appropriate
from time to time and must be approved in the Council.

Professional Conduct 9 1 General principles 10 2 Professional misconduct and poor

professional performance 11 3 Court convictions 12 Section B Responsibilities to Patients 13
4 Paramount responsibility to patients 14 5 Dignity of the patient 14 6 Protection and welfare
of children 14 7 Reporting of alleged abuse 15 8 Continuity of care 15 9 Refusal to treat 16
10 Conscientious objection 16 11 Emergencies 16 12 Appropriate skills and facilities 17 13
Treatment of prisoners 17 14 Patients who present a risk of violence 17 15 Physical and
intimate examinations 18 16 Personal relationships with patients 18 17 Medical students’
involvement in patient care 18 18 Adverse events 19 19 Nutrition and hydration 20 20
Assisted human reproduction 20 21 Abortion 21 22 End of life care 22 4 | GUIDE TO
PROFESSIONAL CONDUCT AND ETHICS FOR REGISTERED MEDICAL
PRACTITIONERS Section C Medical Records and Confidentiality 25 23 Medical records 26
24 General principles of confidentiality 26 25 Patient information received from third parties
27 26 Disclosure with patient’s consent to relatives and carers 28 27 Disclosure required by
law 28 28 Disclosure in the interest of the patient or other people 29 29 Disclosure in the
public interest 29 30 Disclosure to other healthcare professionals 30 31 Registers of illness 31
32 Recording 31 Section D Consent to Medical Treatment 33 33 General principles 34 34
Capacity to consent 34 35 Informed consent to medical treatment 36 36 Information for
patients 36 37 Timing of consent process 37 38 Responsibility for seeking consent 38 39
Emergency situations 38 40 Refusal of treatment 38 41 Advance healthcare planning 39 42
Consent to genetic testing 40 43 Children and minors 40 Section E Professional Practice 43
44 Maintaining competence 44 45 Concerns about colleagues 44 GUIDE TO
PROFESSIONAL CONDUCT AND ETHICS FOR REGISTERED MEDICAL
PRACTITIONERS | 5 46 Relationships between colleagues 44 47 Providing references 45 48
Accepting posts 46 49 Healthcare resources 46 50 Professional indemnity 46 51 Health
problems 46 52 Treatment of relatives 47 53 Clinical trials and research 47 54 Provision of
information to the public and advertising 49 55 Registered names 50 56 Premises and
practice information 50 57 Medical reports 51 58 Certification 52 59 Prescribing 52 60
Referral of patients 54 61 Medical ionising radiation 55 62 Telemedicine 56 63 Locum and
rota arrangements 57 65 Retirement and transfer of patient care 58 Appendix A Information
for patients prior to giving consent