Consultation Paper on proposed IFSCA (Performance Review Committee) (Amendment) Regulations, 2025

CONSULTATION PAPER ON PROPOSED IFSCA (PERFORMANCE REVIEW COMMITTEE) (AMENDMENT) REGULATIONS, 2025 Objective: The objective of this consultation paper is to seek comments / views/ suggestions from public on the proposed amendments to International Financial Services Authority (Performance Review Committee) Regulations, 2022. Background: 1. Section 17 of the IFSCA Act, 2019 mandates constitution of the Performance Review Committee to review the functioning of the Authority, whether, (a) the Authority has adhered to the provisions of the applicable laws while exercising powers under this Act (b) the regulations made by the Authority promote transparency and best practices of governance; and (c) the Authority is managing risks to its functioning in a reasonable manner. 2. Accordingly, IFSCA (Performance Review Committee) Regulations, 2022 were notified in March 2022. On completion of 3 years, in terms of IFSCA (Procedure for making Regulations and Subsidiary instructions) Regulations, 2025, the IFSCA (Performance Review committee) Regulations, 2022 are reviewed and broadly following amendments are proposed: a) Constitution of the Committee. b) Eligibility of independent experts to the Committee; and c) Code of conduct of members of the Committee. 3. Comments and suggestions from public are invited on the draft IFSCA (Performance Review Committee) (Amendment) Regulations, 2025 contained in Annexure-I. The comments may be provided in MS Word or MS Excel format only. General public and stakeholders are requested to forward their comments / suggestions through e-mail to sreekara.rao@ifsca.gov.in with copy to Mr. Eshan Jaipuriar at eshan.jaipuriar@govcontractor.in by 17- Sept-2025 in the attached format. Name and Designation Contact No. and Email address Name of Organisation S. No. Regulation Text of the Comments/ Detailed Rationale no./Sub Regulation/ Sub- Suggestions/ Suggested regulation no. Regulation modificationsAnnexure I INTERNATIONAL FINANCIAL SERVICES CENTRES AUTHORITY NOTIFICATION Gandhinagar, the ____ August, 2025 International Financial Services Centres Authority (Performance Review Committee) (Amendment) Regulations, 2025 No. IFSCA/GN/_______ ----In exercise of the powers conferred by sub-section (1) of Section 28 read with sub-section (4) of Section 17 of the International Financial Services Centres Authority Act, 2019, the International Financial Services Centres Authority hereby makes the following regulations, further to amend the International Financial Services Centres Authority (Performance Review Committee) Regulations, 2022 (hereinafter referred to as the principal regulations), namely:- 1. (1) These regulations may be called the International Financial Services Centres Authority (Performance Review Committee) (Amendment) Regulations, 2025. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In clause (i) of sub-regulation (1) of regulation 3 of the principal regulations, for the words “two members”, the words “At least two members” shall be substituted. 3. In clause (ii) of sub-regulation (1) of regulation 3 of the principal regulations, the words “for each review function” shall stand deleted. 4. In sub-regulation (2) of regulation 3 of the principal regulations, the following proviso shall be inserted, namely:- “Provided that no person shall be nominated as an independent expert, in case such person- (a) has completed the age of seventy-five years on the date of appointment as Member; (b) has been at any time, adjudged as an insolvent; (c) has been convicted of an offence which is punishable with an imprisonment for a term of one hundred and eighty days or more; (d) is physically or mentally incapable of discharging his duties; or (e) has a material conflict of interest and is unable to resolve such conflict.” 5. In regulation 3 of the principal regulations, after sub-regulation (3), the following sub-regulation shall be inserted, namely:- “(4) A member of the Committee may resign from the Committee, at any time before the expiry of his tenure under sub-regulation (3), by giving to the Board, a written notice of not less than six weeks, and on the acceptance of the resignation by the Board, he shall cease to be a Member of the Committee.” 6. After regulation 3 of the principal regulations, the following regulation shall be inserted, namely:- “3A. CODE OF CONDUCT FOR MEMBERS (1) Every member of the Committee shall sign a declaration as specified in the Schedule. (2) The following code aims at providing broad guidance to Members of the Committee on their ethical conduct, which shall help enhance public trust: (i) Members shall act in a manner consistent with the integrity, dignity and reputation of their office.(ii) Members shall disclose any conflict of interest with regard to any matter that comes up for decision or otherwise to the Board and, if necessary, recuse themselves from the specific proceedings. (iii) Members shall ensure that all information received by them as a Member of the Committee shall be kept confidential and shall not be revealed to any person either knowingly or unknowingly. (iv) Members shall maintain the highest standards of probity, consistent with public office.” 7. Title of regulation 8 of the principal regulations shall be substituted with the following, namely:- “8. MEETINGS, QUORUM AND COORDINATION” 8. In sub-regulation (1) of regulation 8 of the principal regulations, for the word “twice”, the word “once” shall be substituted. 9. In regulation 8 of the principal regulations, for sub-regulation (2) the following shall be substituted, namely:- “(2) The quorum necessary for the transaction of business shall be half of the total strength of the Committee, wherein the presence of at least one member of the Authority and one independent expert shall be mandatory;” 10. In regulation 8 of the principal regulations, after sub-regulation (2), the following sub- regulation shall be inserted, namely:- “(2A) Each Member of the Committee shall have one vote and in the event of an equality of votes, the Chairperson of the Committee shall have the casting vote.” 11. In regulations 9, the figure and mark “(a)”, “(b)”, “(c)”, “(d)” and “(e),” shall be read as “(1)”, “(2)”, “(3)”, “(4)” and “(5)”, respectively. 12. In sub-regulation (1) of regulation 10 of the principal regulations, the words and mark “containing the findings of each review area,” shall stand deleted. 13. In sub-regulation (2) of regulation 10 of the principal regulations, for the word and figures “section 17(2)” the words and figures “sub-section (2) of section 17” shall be substituted. 14. At the end of the principal regulations, the following shall be inserted as the Schedule, namely:- Schedule (see regulation 3A) FORM OF DECLARATION OF FIDELITY AND SECRECY I, ______________________, on becoming a member of the Committee, do solemnly and sincerely declare that I will faithfully perform the duties to the best of my ability and that I will uphold the dignity of the position and that I will observe secrecy and will not directly communicate of divulge any of the matters or any information which may come to my knowledge in the discharge of my duties, except when required or authorised to do so by these regulations or by law. Date (Signature) K. Rajaraman, chairperson [ADVT._______________]