Section 22: Removal and discipline of senior staff

(1) If it appears to the Council that there are reasons for believing that a person employed as a member of the senior staff of the Institute, other than the Executive Director, should be removed from office on grounds of misconduct or inability to perform the functions of his office, the Council through its appropriate committee, shall-
(a) give notice of those reasons to the person concerned;
(b) afford him an opportunity of making representations on the matter to the Council in person;
(c) if the person concerned or any other member of the Council so requests, within the period of one month beginning with the date of the notice, make arrangements-
(i) for the Appointments and Promotion Committee of the Council or an ad hoc committee of Council to investigate the matter and to report on it to the Council; and
(ii) for the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee on the matter.
(2) If the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed as aforesaid, the Council may remove the person concerned by an instrument in writing signed by the chairman of the Council.
(3) The Executive Director may, in a case of misconduct by a member of the staff which in the opinion of the Executive Director is prejudicial to the interest of the Institute, suspend that member, and the suspension shall forthwith be reported to the Council.
(4) For good cause, an employee may be suspended from office or his appointment may be terminated by the Council and for the purpose of this subsection "good cause" mean-
(a) physical or mental incapacity, which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit for the discharge of the functions of his office; or
(b) conduct of a scandalous or other disgraceful nature which the Council considers to be such as to render the person unfit to continue to hold his office; or
(c) conduct which the Council considers to be such as to constitute a failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service.
(5) A person suspended pursuant to subsection (3) or (4) of this section shall be placed on half pay and the Council shall before the expiration of a period of six months after the period of suspension against that person come to the decision as to-
(a) whether to continue that person's suspension (including the proportion of his emoluments to be paid to him);
(b) whether to reinstate that person to his office, in which case the Council shall restore his full emoluments to him with effect from the date of the suspension; or
(c) whether to terminate that person's appointment, in which case the person shall not be entitled to the proportion of his emoluments which might have been withheld during the period of suspension or as the Council may determine;
(d) whether to take such lesser disciplinary action against that person (including the restoration of the proportion of his emoluments which might have been withheld) as the Council may determine.
(6) In any case where the Council, pursuant to this section, decides to continue a person's suspension or decides to take further disciplinary action against a person the Council shall, before the expiration of a period of six months from that decision, come to a final determination in respect of the case concerning that person.
(7) It shall be the duty of the person who signed the instrument of removal by virtue of subsection (2) of this section to serve or cause to be served on the person concerned, a copy of the instrument.
(8) Nothing in this section shall prevent the Council from making such regulations for the discipline of other categories of employees and workers of the Institute as it may think fit.