Updated on 04.11.2022

Latest DoPT Orders 2022

Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment Division

PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT THE WORKPLACE

In the case of Vishaka and Ors Vs State of Rajasthan and Ors (JT 1997 (7) SC 384), the Hon’ble Supreme Court had laid down the guidelines and norms to be observed to prevent sexual harassment of working women. In pursuance to the pronouncement of this judgement, Department of Personnel and Training took the following steps:

• (i) Guidelines/ Norms of the Hon’ble Supreme Court were circulated by Department of Personnel & Training vide OM No. 11013/10/97-Estt.(A) dated 13.02.1998 for strict compliance by the Ministries/ Departments.
• (ii) Amendments in Central Civil Services (Conduct) Rules, 1964 were also carried out by inserting the Rule 3-C declaring Sexual Harassment of Working Women as a misconduct, vide Notification No. 11013/10/97- Estt.(A) dated 13.02.1998 published in Gazette of India as G.S.R. 49 dated 07.03.1998
• (iii) Subsequently, Central Civil Services (Classification, Control & Appeal) Rules, 1965 were also amended by inserting a provision below sub-rule 2 of Rule 14 in connection with treatment of the Complaint Committee as Inquiring Authority and to follow the procedure as laid down in these Rules to hold inquiry into the complaints of Sexual Harassment. This was notified vide Notification No. 11012/5/2001 -Estt. A dated 01.07.2004 published in Gazette of India vide G.S.R. No. 225 dated 10.07.2004

2. Later on, the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’ {SHWW (PPR) Act} was promulgated on 22.04.2013. The ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013’ were notified on 09.12.2013. The Act and the Rules framed thereunder provide a redressal mechanism for handling cases of sexual harassment of women at workplace.
3. Thus, the provisions relating to handling cases of sexual harassment of women at workplace are scattered across SHWW (PPR) Act, Central Civil Services (Conduct) Rules, 1964, Central Civil Services (Classification, Control and Appeal) Rules, 1965, etc. In addition, a number ofexecutive instructions covering different aspects of this issue have been issued from time to time. Now, with a view to facilitate the Ministries/ Departments and other stake holders in proper implementation of these provisions, a need has been felt to consolidate these provisions and place the same in the public domain for easy access as and when required. Accordingly, the relevant provisions of the Act/ Rules/ executive instructions have been compiled as under:

(A) DEFINITION OF “SEXUAL HARASSMENT” AND “WORKPLACE” Section 2(n) and 2(o) of the SHWW (PPR) Actdefines “Sexual Harassment” and “Workplace” respectively. The same have been incorporated through an amendment in the CCS (Conduct) Rules, 1964 as under:

“Rule 3C – Prohibition of sexual harassment of working women

(1) No Government servant shall indulge in any act of sexual harassment of any woman at any work place.

(2) Every Government servant who is incharge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

Explanation – 1 For the purpose of this rule,

(a) “sexual harassment” includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:

• (i) physical contact and advances; or
• (ii) demand or request for sexual favours; or
• (iii) sexually coloured remarks; or
• (iv) showing any pornography; or
• (v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

(b) The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment: –

• (i) implied or explicit promise of preferential treatment in employment;
• or
• (ii) implied or explicit threat of detrimental treatment in employment; or
• (iii) implied or explicit threat about her present or future employment status; or
• (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
• (v) humiliating treatment likely to affect her health or safety.

(c) “workplace” includes, –

• (i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;
• (ii) hospitals or nursing homes;
• (iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
• (iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;
• (v) a dwelling place or a house.”

(Rule 3-C of the CCS (Conduct) Rules, 1964)

(B) COMPLAINTS COMMITTEE:

• Complaints Committees have been set up in all Ministries/ Department and organizations under them in pursuance to the judgement of the Hon’ble Supreme Court in the Vishakha case. As per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”), the Internal Complaints Committee (referred to as “Complaints Committee” hereafter) is to be set up at every workplace. As per Section 4(2), this will be headed by a woman and at least half of its members should be women. In case a woman officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. To prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committees should involve a third party, either an NGO or some other body which is familiar with the issue of sexual harassment.

[Para 1 of OM No. 11013/2/2014 -Estt.(A-III) dated 16.07.2015]

Section 4 of the SHWW (PPR) Act-

“4. Constitution of Internal Complaints Committee. (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The Internal Committees shall consist of the following members to be nominated by the employer, namely:

• (a) Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in subsection(1): Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;
• (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
• (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.

(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer,
as may be prescribed.

(5) Where the Presiding Officer or any Member of the Internal Committee,

• (a) contravenes the provisions of section 16; or
• (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
• (c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
• (d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.”

[Section 4 of the SHWW (PPR) Act]

Download Information Document on Prevention of Sexual Harassment of Women at Workplace PDF

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Disclosure of compliance under the Sexual Harassment of Women at Workplace Act in the Annual Reports of Private companies now made Mandatory: Ministry of Corporate Affairs amends the Companies (Accounts) Rules, 2014.

“A major step towards making the workplace safe for the women in the private sector”: Smt. Maneka Sanjay Gandhi

Non-disclosure to draw penal provisions

13 AUG 2018

In order to ensure safe workplaces for Women in the private sector, the Ministry of Women and Child had requested Hon’ble Minister for Corporate Affairs to mandate the disclosure regarding implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in the Directors Report of every company. Vide its notification dated 31.07.2018,the Ministry of Corporate Affairs has amended the Companies (Accounts) Rules, 2014, issued under Section-134 of the Companies Act, by inserting clause(X) as follows:-

“A statement that the Company has complied with provisions relating to the constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.

While thanking Hon’ble Minister for Corporate Affairs, Smt. Maneka Sanjay Gandhi stated that, “this is a major step towards making the workplace safe for the women in the private sector”. Smt. Gandhi also stated that she will be requesting SEBI to suitably incorporate this disclosure in the Corporate Governance reports of the listed Companies. This will cast as ever higher responsibility on the Directors of these Companies for implementation of the Act.

It may be noted that Section-134 of the Companies Act, 2013 provides the disclosure framework which the Directors of every company are required to comply with in the Annual Reports. This section also includes the penal provisions for non-disclosure. The inclusion of the compliance under the Sexual Harassment of Women at Workplace Act in the non-financial disclosures will ensure that the issue gets into the focus into Board of Directors of the companies

The Ministry of Women and Child Development has been making continuous efforts to mainstream the implementation of the Sexual Harassment of Women at Workplace Act, 2013. Detailed Rules under the Act were issued. It was ensured that all the ministries/ departments under the central government as well as the organizations working directly under them constitute the Internal Complaints Committee as mandated under them Act. A number of instructions have been issued by the DoPT on the request of the ministry to provide immediate relief to the women working in central government against sexual harassment at workplace. The ministry has also empanelled a number of entities who can provide training to any organization on effective implementation of the provisions of the Act. The ministry has provided a facility to all working women to file complaints under this Act directly with the ministry through the SHE-Box.

Please, click here, for the complete notification by the Ministry of Corporate affairs.

PIB

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GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA

UNSTARRED QUESTION NO: 1173

ANSWERED ON:09.02.2018

Sexual Harassment of Women at Work Place

SUSHMITA DEV

(a) whether the number of complaints of sexual harassment of women at work places has increased in the country over the years;

(b) if so, the details thereof indicating the number of complaints received by the National Commission for Women (NCW) during each of the last three years and the current year, State/UT-wise;

(c) whether the Government has also launched SHe-Box online complaint management system to register complaints related to sexual harassment of women at work place and if so, the number of complaints registered in the system during the said period along with the action taken thereon;

(d) whether the NCW has stressed for setting up of an Internal Complaint Committee in each and every Government department/institution/ autonomous body in the country and if so, the details along with the compliance status thereof;

(e) the details of laws presently in force under which the complaints regarding sexual harassment of women at work places could be registered in the country; and

(f) the other steps taken/being taken by the Government to ensure protection of women from sexual harassment at work places in the country?

Will the Minister of WOMEN AND CHILD DEVELOPMENTbe pleased to state:-

ANSWER

MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (DR. VIRENDRA KUMAR)

(a) & (b) The details of number of complaints registered under the category of Sexual Harassment at Workplace, State/UT wise during last three years and current year i.e. 2015,2016, 2017 and 2018 (upto 5.2.2018) is at Annexure-I.

(c) In order to ensure the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Ministry has launched an online complaint management system titled Sexual Harassment electronic – Box (SHe-Box) for registering complaints related to sexual harassment at workplace of all women employees in the country, including government and private employees. So far, 107 complaints have been received through portal ”SHe-box”. All concerned authorities have been requested for appropriate resolution.

(d) & (e)The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates all the workplace which include any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co¬operative society having more than 10 workers to constitute Internal Complaint Committee (ICC) for receiving complaints of sexual harassment.The Act cast an obligation upon all the employers to constitute Internal Complaint Committee. Section 23 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 casts responsibility on the appropriate Government to monitor the implementation of this Act.

(f) Ministry of Women and Child Development had issued advisories to all States/UTs Government to ensure effective implementation of the Act. The Ministries/Departments in Government of India have also been advised to ensure the compliance of the Act from time to time.Ministry of Corporate Affairs along with the industry bodies, Associated Chambers of Commerce & Industry of India (ASSOCHAM), Federation of Indian Chambers of Commerce and Industry (FICCI), Confederation of Indian Society, Chamber of Commerce & Industry (CCI), and National Association of Software and Services Companies (NASSCOM) have also been requested to ensure effective implementation of the Act amongst their members in private sectors.

Further, Department of Personnel and Training has notified the amendments to Central Civil Services (Conduct) Rules 1964 and Central Civil Services (Classification, Control and Appeal) Rules, 1965 align with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

Ministry of Women and Child Development has formulated a Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Institute of Secretariat Training and Management (ISTM) in consultation of Ministry of Women and Child Development has also prepared a training module for the training of Internal Complaint Committee constituted under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Apart from the above, the Ministry has empanelled Institutes/Organizations for imparting training programmes/workshops in different parts of the country under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

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New Delhi: Paid leave of up to 90 days can be given to a woman government employee who has complained of sexual harassment at her workplace while the inquiry is pending, Union Minister Jitendra Singh today said.

In a written reply to the Rajya Sabha, he said leave up to a period of 90 days may be granted to an aggrieved female government servant during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The leave granted shall not be debited against the leave account, said Singh, who is the Minister of State for Personnel, Public Grievances and Pensions.

PTI

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Instructions have been issued by this Department vide Office Memorandum dated 27.11.2014 regarding Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. As per para 6 of the said Office Memorandum, the Complaint Committee will have the powers to recommend to the employer (a) to transfer the aggrieved woman or the charged officer to any other workplace; or (b) to grant leave to the aggrieved woman up to a period of three months, which will be in addition to the leave she would be otherwise entitled to.

As per Section 9 of Chapter IV of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.

The Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri P.Nagarajan and Shri B. Vinod Kumar in the Lok Sabha today.

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G.I., Dept. of Per. & Trg. No.F.No.11013/2/2014-Estt (A-III), dated 16.7.2015

Subject: Steps for conducting inquiry in case of allegation of Sexual Harassment

Undersigned is directed to say that during the meeting of the Chairpersons of Complaints Committees with Secretary (Personnel) on the 16 th April, 2015 it was suggested that the Department of Personnel and Training may prepare a step guide for conduct of inquiry in complaint cases of sexual harassment. Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 lays down that the Complaints Committee established in each Ministry or Department for inquiring into complaints of sexual harassment shall hold such inquiry as far as practicable in accordance with the procedure lain down in these Rules.

2. The annexed guide on “Steps for Conduct of Inquiry in complaints of Sexual Harassment” is intended to give the procedure as prescribed in the rules/instructions. This is, however, not intended as a substitute for reference to the Rules and instructions. Members of the Complaints Committees and others who are required to deal with such inquiries should acquaint themselves with Central Civil Services (Classification, Control and Appeal) Rules, 1965, and instructions issued thereunder.

sd/-
(Mukesh Chaturvedi)
Director(E)

No.F.No.11013/2/2014-Estt (A-III), dated 16.07.2015

Steps for Conduct of Inquiry in Complaints of Sexual Harassment

Complaints Committees
l. Complaints Committees have been set up in all Ministries/Department and organisations under them in pursuance to the judgement of the Hon’ble Supreme Court in the Vishakha case. As per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013(“the Act”), the Internal Complaints Committee (referred to as “Complaints Committee” hereafter) is to be set up at every workplace. As per Section 4(2), this will be headed by a woman and at least half of its members should be women. In case a woman officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. To prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committees should involve a third party, either an NGO or some other body which is familiar with the issue of sexual harassment.

What is Sexual Harassment?
2. “sexual harassment” includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:-
(i) physical contact and advances; or
(ii) demand or request for sexual favours; or
(iii) sexually coloured remarks; or
(iv) showing any pornography; or
(v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

3. The following circumstances, among other circumstances, in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:

(i) implied or explicit promise of preferential treatment in employment; or
(ii) implied or explicit threat of detrimental treatment in employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety.

Workplace defined:
4. As per Section 2(0) ofthe Act, the following places are included within the ambit of the expression “workplace”:
(i) any department, organisation, undertaking, establishment, enterprise, institution, office, etc. -established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;
(ii)hospitals or nursing homes;
(iii) any sports institute, stadium, etc., used for training, sports or other activities relating thereto;
(iv)any place visited by the employee arising out of or during the course of employment -including transportation provided by the employer for undertaking such journey;

Initial relief
5. The Committee will also have the powers to recommend:-
(a) to transfer the aggrieved woman or the charged officer to any other workplace; or
(b) to grant leave to the aggrieved woman up to a period of three months.
(The leave will not be deducted from her leave account.)

Complaints Committee to be Inquiring Authority
6. As per Proviso to Rule 14(2) of CCS (CCA) Rules, 1965, in case of complaints of sexual harassment, the Complaints Committee set up in each Ministry or Department etc. for inquiring into such complaints shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority for the purpose of these rules. Complaints Committee, unless a separate procedure has been prescribed, shall hold the inquiry as far as practicable in accordance with the procedure laid down in the Rule l4.

Need for investigation
7. The Complaints Committees may act on complaints of sexual harassment when they receive them directly or through administrative authorities etc, or when they take cognizance of the same suo-moto. As per Section 9(1) of the Act, the aggrieved woman or complainant is required to make a complaint within three months of the incident and in case there has been a series of incidents, three months of the last incident. The Complaints Committee may however extend the time limit for reasons to be recorded in writing, if it is satisfied that the circumstances were such which prevented the complainant from filing a complaint within the stipulated period.

8. As mentioned above, the complaints of sexual harassment are required to be handled by Complaints Committee. On receipt of a complaint, facts of the allegation are required to be verified. This is called preliminary enquiry/fact finding enquiry or investigation. The Complaints Committee conducts the investigation. They may then try to ascertain the truth of the allegations by collecting the documentary evidence as well as recording statements of any possible witnesses including the complainant. If it becomes necessary to issue a Charge Sheet, disciplinary authority relies on the investigation for drafting the imputations, as well as for evidence by which the charges are to be proved. Therefore this is a very important part of the investigation.

Dual Role
9. in the light of the Proviso to the Rule 14 (2) mentioned above, the Complaints Committee would normally be involved at two stages. The first stage is investigation already discussed in the preceding para. The second stage is when they act as Inquiring Authority. It is necessary that the two roles are clearly understood and the inquiry is conducted as far as practicable as per Rule 14 of CCS (CCA) Rules, 1965. Failure to observe the procedure may result in the inquiry getting vitiated

10. As the Complaints Committees also act as Inquiring Authority in terms of Rule 14(2) mentioned above, care has to be taken that at the investigation stage that impartiality is maintained. Any failure on this account may invite allegations of bias when conducting the inquiry and may result in the inquiry getting vitiated. As per the instructions, when allegations of bias are received against an Inquiring Authority, such Inquiring Authority is required to stay the inquiry till the Disciplinary Authority takes a decision on the allegations of bias. Further, if allegations of bias are established against one member of the Committee on this basis, that Committee may not be allowed to conduct the inquiry.

11. In view of the above, the Complaints Committee when investigating the allegations should make recommendations on whether there is a prima facie substance in the allegations which calls for conducting a formal inquiry. They should avoid making any judgmental recommendations or expressing views which may be construed to have prejudiced their views while conducting such inquiry.

Decision to issue Charge sheet, and conducting Inquiry
12. On receipt of the Investigation Report, the Disciplinary Authority should examine the report with a view to see as to whether a formal Charge Sheet needs to be issued to the Charged Officer. As per Rule 14(3), Charge Sheet is to be drawn by or on behalf of the Disciplinary Authority. In case the Disciplinary Authority decides on that course, the Charged Officer should be given an opportunity of replying to the Charge sheet. As per Rule 14(5), a decision on conducting the inquiry has to be taken after consideration of the reply of the charged officer.

13. If the Charged Officer admits the charges clearly and unconditionally, there will be no need for a formal inquiry against him and further action may be taken as per Rule 15 of the CCS (CCA) Rules.

The Inquiry-stages
14. In case the Charged Officer denies the charges and his reply is not convincing, the Charge sheet along with his reply may be sent to the Complaints Committee for formal inquiry, and documents mentioned in Rule l4 (6) will be forwarded to the Complaints Committee. As per Section 1 1(3) of the Act, for the purpose of making an inquiry, the Complaints Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.

The Section 11(4) of the Act requires that the inquiry shall be completed within a period of ninety days.

15. The Disciplinary Authority shall also in terms of Rule 14(5) (0) appoint a Government servant as a Presenting Officer to present evidence on behalf of prosecution before the Complaints Committee/ Inquiring Authority. The listed documents are to be sent to the Presenting Officer. The Complaints Committee would, thereafter, summon the Presenting Officer and the Charged Officer. As a first step, the charged officer would be formally asked as to whether he admits the charges. As mentioned above, in case of any clear and unconditional admission of any Article of Charge, no inquiry would be held in respect of that Article and the admission of the Charged Officer would be taken on record. The inquiry would be held, thereafter, in respect of those charges which have not been admitted by the Charged Officer. The Charged Officer is also entitled to engage a Defence Assistant. The provisions relating to Defence Assistant are given in Rule 14(8).

16. The Inquiring Authority is, thereafter, required to ask the Presenting Officer to have the prosecution documents, listed in the Charge Sheet inspected by the Charged Officer. Copies of such documents, if not only given to the Charged Officer, would be handed over to him. The Charged Officer would, therefore, be required to submit a list of documents and witnesses which he wants to produce in support of his defense. The Inquiring Authority would consider allowing such documents or witnesses on the basis of their relevance. Normally, any document or witness which reasonably appears to be relevant and helpful in defense may be allowed. Once the documents have been allowed, the Inquiring Authority would send a requisition for these documents to the custodian of such documents.

I7. When the regular hearing commences, the Inquiring Authority would ask the Presenting Officer to produce the documentary evidence. Such documents as are disputed by the Charged Officer have to be proved by the witnesses before they are taken on record. The undisputed documents would be taken on record and marked as exhibits.

Examination of Witnesses
18. Summons would. thereafter, be sent to the witnesses listed in the Charge sheet. The Presenting Officer may choose to produce them in any order he finds appropriate. These witnesses would be examined in the inquiry in the following manner. The examination in chief would be done by the Presenting Officer where the Presenting Officer may ask questions of the witness to ascertain the facts. The witness would, thereafter, be cross-examined by the Defense. After the cross-examination, the Presenting Officer would be given an opportunity to re-examine the witness. In the examination in chief, leading questions are not allowed. These are however allowed in the cross examination.

19. The procedure of Inquiry requires Opportunity to the Charged Officer to cross-examine all the witnesses that appear on behalf of the Prosecution. Failure to do so may be construed as a denial of reasonable opportunity to the charged officer, resulting in vitiation of the Inquiry. If the complainant appears as a witness, she would also be examined and cross-examined. The Inquiry Officer may however disallow any questions which are offensive, indecent or annoying to the witnesses, including the complainant.

20. If Inquiring Authority wishes to ascertain some facts for clarity, he may pose questions to the witnesses. This should however, be done in such a manner as to not show any bias for or against the Charged Officer. This has to be done in the presence of the Presenting Officer and the Charged Officer/Defence Assistant. No inquiry should be conducted behind the back of the charged officer. The witnesses will be examined one by one, and the other witness who are either yet to be examined, or have been examined are not allowed to be present during the examination of a witness.

Daily Order Sheet
21. The Inquiring Authority would also maintain a document called Daily Order Sheet in which all the main events of the inquiry and including requests/representations by the Charged Officer or the Presenting Officer, and decisions thereon would be recorded. For example (i) if the Charged Officer refuses to cross-examine the witnesses, this should be recorded in the Daily Order Sheet (ii) the Daily Order Sheet should record that the Charged Officer had been advised that he has the justify to engage a Defense Assistant (iii) it should also be clearly mentioned that the Charged Officer was aIso informed as to who are eIigible to assist him as Defense Assistant. (iv) the Daily Order Sheet should also record in case request of the Charged Officer for engaging a particular person as Defense Assistant is disallowed in the light of the existing instructions. Daily Order Sheet should be signed by the Inquiring Authority, Presenting Officer and the Charged Officer/Defence Assistant.

Defence Evidence
22. After the prosecution evidence is over, the Charged Officer is required to submit his statement of defense. In this statement, the Charged Officer is required to briefly indicate his line of defense. After this. the Defense evidence will be taken. The evidence will be produced in the same order as the prosecution evidence. First, the documents allowed by the Inquiry Authority would be taken on record and then the witnesses called and their examination, cross-examination and re-examination done. The onIy difference here would be that the Examination in Chief would be done by defense while the cross-examination would be done by the prosecution. The defense would then have the Opportunity of re-examining the witness.

General Examination of the Charged Officer
23. After the Defense evidence is over, the Inquiring Authority shall ask Charged Officer as to whether he wishes to appear as his own witness. In case he does so, he will be examined like any other defense witness. In case however, he declines to do so, the Inquiring Authority is required to generally question him. At this stage due care is required to be exercised that as per Rule I408) the purpose of this stage is to apprise Charged Officer of the circumstances which appear to be against him. This is to enable the Charged Officer to explain them to the Inquiring Authority. Presenting Officer and the Defence Assistant do not take any part in the General Examination. Charged Officer may not be compelled to answer questions during examination by the Inquiring Authority.

Brief
24. After this, the Presenting Officer would be asked to submit his brief. A copy of this brief would be given to the Charged Officer. Both the Presenting Officer and the Charged Officer may be allowed reasonable time for submission of their brief.

25. The Inquiring Authority then writes the Inquiry Report in which the evidence in support of the charges and against them will be examined. The Report should be a speaking one clearly bringing out as to the evidence on the basis of which any particular conclusion has been reached. Based on this analysis, the Inquiring Authority will give its findings on the Articles as proved or not proved. In case any Article of charge is proved only partially, then the Inquiring Authority should record the extent to which that Article has been proved.

Powers of the Committee to make recommendations
26. Normally, the Inquiry Officer is not allowed to make any recommendations in his report. Here the function of the Complaints Committee acting as the Inquiring Authority differs. The Complaints Committee may however, make recommendations including what has been mentioned in para 2 above:
(c) to grant such other relief to the aggrieved woman as may be prescribed; or
(d)to deduct from the salary or wages of the charged officer such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs.
Any amount outstanding at the time of cessation of the services of the charged officer due to retirement, death or otherwise may be recovered from the terminal benefits payable to the officer or his heirs.
Such compensation will not amount to penalty under Rule 11 of CCS (CCA) Rules in terms of the Explanation (ix) to Rule 11 inserted vide Notification of even Number dated 19-11-2014.
Committee may recommend action to be taken against complainant, if the allegation is malicious, or the complainant knows it to be false, or has produced any forged or misleading document.
The Committee may also recommend action against any witness if such witness has given false evidence or produced any forged or misleading document.

27. The Complaints Committee should also remember that as per the Section 16 of the Act, notwithstanding the RTI Act, 2005, information as regards identity and addresses of the aggrieved woman, respondent and witnesses, Inquiry proceedings, Recommendations of the Committee, shall not be published or communicated or made known to public, press or media in any manner. Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification ofthe aggrieved woman and witnesses.

28. With the above stage, the inquiry would be formally over. The Inquiring Authority should prepare separate folders containing the documents mentioned in Rule l4(23(ii).

Suspension
29. A Government servant may also be placed under suspension before or after issue of a Charge Sheet where his continuance in office will prejudice the investigation, for example if there is an apprehension that he may tamper with witnesses or documents. Suspension may also be resorted to where continuance of the Government servant in office will be against wider public interest such as there is a public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals. It may be desirable to resort to suspension in case of misdemeanor involving acts of moral turpitude.

Special provisions to deal with threats or intimidation
30. Disciplinary Authority may also diSpense with inquiry under Rule l9(ii), and action may be taken without the inquiry when the Disciplinary Authority concludes that it is not reasonably practicable to hold such an inquiry. The circumstances leading to such a conclusion may exist either before the inquiry is commenced or may develop in the course of the inquiry. Such situation would be deemed to have arisen:

(i) where the Government servant, through or together with his associates terrorizes, threatens or intimidates witnesses who are likely to give evidence against him with fear of reprisal in order to prevent them from doing so; or

iii) where the Government servant himself or with or through others threatens, intimidates and terrorizes the Disciplinary Authority, Members of the Committee, the Presenting Officer or members of their family.

Disciplinary Authority is not expected to dispense with the inquiry lightly, arbitrarily or with ulterior motive or merely because the case against the Government servant is weak.

Authority : www.persmin.nic.in

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F. No. 11013/2/2014-Estt.A-III
Government of India
Ministry of Personnel, PG & Pension
Department of Personnel & Training
Establishment A-III Desk
*****

North Block, New Delhi
Dated 5 May, 2015

OFFICE MEMORANDUM

Subject: Meeting held on 16.04.2015 to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace- forwarding of minutes – regarding.

The undersigned is directed to forward herewith a copy of the Minutes of the above meeting held on 16.4.2015 for information and action as appropriate.

(Mukesh Chaturvedi)
Director (E)
Telefax: 2309 3176

Encl: as above

Minutes of the meeting held on 16.04.2015 at 11:00 AM to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace

A meeting was convened under the chairmanship of Secretary, Department of Personnel & Training, to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace. The Chairpersons of the Complaint Committees set up in the Ministries / Departments had been invited. The list of participants is annexed.

2. Joint Secretary (Establishment) [JS(E)] in DOPT welcomed the participants from various Ministries / Departments located in Delhi and outside. She explained that the purpose of the meeting was that ever since setting up the Complaints Committees in the wake of the historic Vishakha judgment of the Hon’ble Supreme Court in a matter relating to sexual harassment of women at the workplace, the issue had not been adequately discussed. The meeting sought to review the progress of implementation of the guidelines issued by the Apex Court. JS(E) referred to the various guidelines issued from time to time. The Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] had been promulgated on 22.4.2013 and the rules framed thereunder were notified in December, 2013. The amendments since made in the Central Civil Services (Conduct) Rules, 1964 and the Central Civil Services (Classification, Control & Appeal) Rules, 1965 to align them with the provisions of the Act were also flagged.

3. A presentation on all the applicable guidelines and rules on the issue was made by Director (Establishment) in the Department. The presentation covered the guidelines of Apex Court in the Vishakha case, the earlier provisions of the Conduct Rules and the amendments made in November, 2014. During the presentation, the attention of the participants was also drawn to the DOPT’s guidelines issued vide Office Memorandum dated 27.11.2014 and 02.02.2015, which summarized the extant provisions relating to setting up and functioning of Internal Complaint Committees.

4. Upon conclusion of the presentation, JS(E) invited the participants to share their experiences as the Chairpersons of the Committees and also to seek clarifications, if any, on the issue. The participants were very appreciative of the initiative of Secretary(Personnel) in calling this meeting. They found the discussion of the salient features of the Act, such as the requirement to refer the complaints to the Disciplinary Authorities so as to avoid instances of non-compliance of the procedure for inquiry laid down in the rules, and the provision calling for action if a compliant is found false, as very helpful. The participants desired to know if the mandate of the Committees could be increased so as to address the general concerns of the women employees as well.

5. At this point the Chairman shared his experience of his involvement in a Conference called by Public Sector Undertaking on Women’s Participation in Public Sector. He mentioned that the available data indicates that efforts need to be intensified so that the various welfare measures introduced from time to time actually reach women employees. He mentioned that the women employees were not represented in adequate numbers in various training programmes. He said that while results of most examinations at various academic levels show exceptional achievement of girl students, the percentage of representation of women in work force remains dismally low. He stressed the need for making the working environment more conducive to the women as their percentage of representation, though low at this stage, is likely to rise in the coming years. On the general observation made by the participants regarding increasing the ambit of the Internal Complaint Committees, Secretary (P) mentioned that the Committees which are supposed to meet on regular basis should also invite the women workers for general consultations. He suggested that the Committees could play an active role in making the working environment more conducive by looking into some general issues such as grant of child care leave, increasing the representation in training for women, looking at the status of availability of basic facilities such as toilets, crèche, women staff room, etc. He said that it is time that the Chairpersons of the Committees realized that he Compliant Committees headed by them are fairly empowered and much can be done by them.

6. During the discussion, Director(DoPT), Chairperson of the Committee in DOPT, shared her experience as the Head of the Committee during the last few years. She mentioned that the Committee in DOPT is called as the Women Welfare Committee as it embraces and addresses concerns and complaints of all kinds from the women employees, including welfare. She mentioned that for the last three years the Committee has been holding half-day workshops on International Women’s Day, which have been well received by the women employees, as it had provided a platform where all issues that may cross the minds of women employees are attempted to be addressed.

7. On the issue of crèches, some participants requested Secretary (P) to direct DoPT officials to play an active role in setting up of crèches in more buildings. Secretary(P) assured that the needful could be done, but proactive role has to be played by concerned departments. He advised them to explore the possibility of ear-marking spaces in their buildings, so that crèches could come up at more places.

8. The participants also stressed the need to increase awareness amongst the male employees on how the rules had been amended to prevent instances of harassment of women employees. The participants favoured inclusion of this subject in training programmes run by ISTM and other training institutes and that more and more male employees need to be put through gender sensitization programmes. JS(E) mentioned that gender sensitization was already a part of the training programmes and modules being conducted by ISTM and other training academies. She mentioned that the Committees should do their best to increase awareness by having regular interactions with the women employees, particularly new entrants in service, so that a feeling of confidence could be developed in them. She mentioned that only through regular interaction could it be ascertained as to what the problems being faced by them were. She mentioned that the Compliant Committees could issue guidelines and even instructions at their end to the administration of the Ministry / Department, if they are found wanting in their duties towards the women employees. Some other general issues which were raised by many participants related to admissibility of travelling allowance, dearness allowance to the Members of the Committees and also to the Members from NGOs / other authorities, which were also clarified.

9. Secretary (P) suggested to the participants that they could write to DOPT officials on any other matter of their concern and seek their response and guidance. He suggested that such meetings could be held on regular basis, so that the participants could benefit from each other’s experience as functionaries of the Compliant Committees. He mentioned that he Government is committed to asserting its role as an ideal employer and providing a safer and conducive workplace to the women employees was part of the resolve. He summed up by stating that the Committees need to expand their role, so that we could reach the ideal situation where there is no instance of harassment of women employees.

10. The meeting ended with a vote of thanks to the Chair.

Source – http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_2_2014-Estt.A-III-05052015.pdf

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G.I., Dep. of Per. & Trg., O.M.No. 11013/2/2014-Estt (A-III), dated 2.2.2015

Subject: Central Civil Services (Conduct) Rules 1964 — Guidelines regarding prevention of sexual harassment of women at the workplace— regarding

Following the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013., the Government has recently, on 19.11.2014, notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum of even no. dated 27.11.2014. The amendments to the Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965 and the Office Memorandum dated 01.12.2014 are available on the Department’s website.

2. The following guidelines, conveying the decision of the Committee of Secretaries on this subject, were issued vide this Department’s Office Memorandum No. 11013/3/2009-Estt.(A) dated 03.08.2009, “As regards provisions for protection of women, it was suggested that the complaints committee mechanism provided under Vishakha guidelines relating to sexual harassment should be strictly in accordance with the judgment and steps should be taken to ensure that the committee is effective and functional at all times. It would also be desirable for the Committees to meet once a quarter, even if there is no live case, and review preparedness to fulfil all requirements of the Vishakha judgment in the Department/Ministry/ organization concerned.”

3. As per the guidelines issued vide Office Memorandum dated 21.07.2009, it is also to be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee should also be posted on the websites of the concerned Ministries/Departments/Offices concerned.

4. Vide the Office Memorandum dated 01.12.2014, the attention of the Ministries/Departments was also invited to the reporting requirements mentioned in the SHWW(PPR) Act and SHWW(PPR) Rules.

5. All Ministries/ Departments are requested to please review the progress of implementation of the existing above mentioned guidelines issued in the aftermath of the Vishakha judgment.

6. Attention of all Ministries is invited to Section 22 of the Act relating to including information in Annual Report, and to request that information relating to number of cases filed, if any, and their disposal may be included in the Annual Report of the Ministry / Department.

7. All Ministries / Departments are also requested to furnish an annual return (as on 31 stMarch) in the enclosed proforma to this Department by 30th April every year.

Authority : www.persmin.gov.in (DoPT)

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