[22nd April, 2013]

An Act to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters connected
therewith or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality
under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under
article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or
business with includes a right to a safe environment free from sexual harassment;

AND WHEREAS the protection against sexual harassment and the right to work with dignity are
universally recognised human rights by international conventions and instruments such as Convention on
the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June,
1993 by the Government of India;

AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for
protection of women against sexual harassment at workplace.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows..

Read more at Prevention of Sexual Harassment

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FAQ on Allowance, Leave, ACP, MACP, LTC, Seniority, Sexual Harassment, Administrative Tribunals, Compassionate Appointment, Non Functional Upgradation, Joint Consultative and Arbitration and Reservation

FAQ on Various Subjects

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In order to ensure the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Ministry of Women & Child Development 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.

More than 350 complaints relating to inappropriate behaviour have been received in the Ministry which includes complaint received through portal ‘SHe-box‘.

Ministry of Corporate Affairs has been requested for mandatory disclosure of Internal Complaints Committee (ICCs) in the Annual Report of the Companies. 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.

This information was given by Minister of State for Women and Child Development, Dr. Virendra Kumar in reply to a question in Rajya Sabha today.

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No.51/2017

E(P&A)I-2017/CPC/LE-3

New Delhi, dated 29.05.2017

The General Managers and FA&CAOs
All Indian Railways & Production Units.

Sub: Introduction of Special Leave connected to inquiry of Sexual Harassment.

Consequent upon the decision taken by the Govemment, the President is pleased to decide that the following rule may be inserted in the Railway Service (Liberalised Leave) Rules, 1949 in respect of female railway employees:-

Special Leave connected to inquiry of sexual harassment – Leave upto a period of 90 days may be granted to an aggrieved female Railway Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Railway Servant under this rule shall not be debited against the leave account.

2. This rule takes effect from the date, the notification was published by the Department of Personnel and Training viz. 15th March, 2017.

3. The provisions of the Railway Service (Liberalised Leave) Rules, 1949 are contained in Chapter-5 of Indian Railway Establishment Code (IREC), Volume-I, 1985 Edition (Reprint Edition-2008). In view of this, in exercise of the powers conferred by the proviso to Article 309 of the Constitution, the president is pleased to direct that a new para 551(F) may be inserted in Chapter-5 of the Indian Railway Establishment Code, Volume – l, 1985 Edition (Reprint Edition-2008) as per enclosed Advance Correction Slip -132.

4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

5. Please acknowledge receipt.

DA:- Correction Slip.

sd/-
(Anil Kumar)
Railway Board

Authority: http://www.indianrailways.gov.in/

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Dated : 17.04.2017

No.II/10/Part I
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub:  Special leave to the female staff connected to inquiry of sexual harassment-reg.

The Ministry of Personnel, Public Grievances and Pensions (DoP&T) vide Gazette notification dated 15/03/2017 No. GSR 251 (E) have issued Rule No. 48 “Special Leave connected to inquiry of sexual harassment” – an amendment to Central Civil Services (Leave) Rules, 1972 which was circulated vide No. 13026/622016-Estt (L) dated 16th March 2017 to all ministries. According to the said notification dated 15th March 2017, leave upto a period of 90 days may be granted to an aggrieved female Government employee on the recommendation of the Internal Committee or the Local Committee as the case may be, during the pendency of inquiry under the Sexual Harassment of Women at work place (Prevention, Prohibition and Redressal) Act, 2013 and the leave so granted shall not be debited against the leave account.

NFIR requests the Railway Board to issue corresponding instructions early duly endorsing copy to the Federation. Copy of DoP&T notification dated 15th March, 2017 is enclosed.

DA/As above

Yours faithful
S/d,
(Dr. M. Raghavaiah)
General Secretary

Source: NFIR

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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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THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 15th March, 2017

G.S.R. 251(E).-In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) Amendment Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, for rule 48, the following rule shall be substituted, namely:

48, Special Leave connected to inquiry of sexual harassment – Leave upto a period of 90 days may be granted to an aggrieved female Government Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Government Servant under this rule shall not be debited against the leave account.

[F. No. 13026/2/2016-Estt. (L)]
GYANENDRA DEV TRIPATHI, Jt. Secy.

Footnote : The principal rules were published vide Notification Number 80. 940, dated the 8th April, 1972 f and were last amended vide Notification number G.S.R. 711(E) dated the 8th October, 2014.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O. 940 dated the 8th April, 1972 and have been subsequently amended.
Read at dopt.gov.in

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North Block, New Delhi,
Dated the 22 nd December, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Conduct) Rules 1961 – Guidelines regarding prevention of sexual harassment of women at the workplace – regarding.
The undersigned is directed to refer to the DoPT OM number No.11013/2/2014-Estt.A-III, dated the 16th July, 2015 etc., vide which need for effective mechanism to ensure that inquiries in the case of allegations of sexual harassment are conducted as
per the prescribed procedure and that they are monitored have been issued. Recently, a meeting was held under the Chairmanship of Minister, Women and Child Development wherein concern was expressed that the inquiries in such cases are
taking unduly long time. It has, therefore, been decided that the following further steps may be taken to ensure that the inquiries are conducted expeditiously and the aggrieved women are not subjected to victimization:

(1) As already conveyed vide OM dated 2nd February, 2015 all Ministries/Departments shall include in their Annual Reports information related to the number of such cases and their disposal.

(2) As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3) It should be ensured that the aggrieved women are not victimized in connection with the complaints filed by them. For a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is
not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account. In case of any victimization the complainant may submit a representation to the Secretary in the case of Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, and a decision taken within 15 days of the submission of the same.
(4) All Ministries/Departments shall furnish a monthly report to the Ministry of Women and Child Development giving details of number of complaints received, disposed of and action taken in the case.

(Mukesh Chaturvedi)
Director (E)
Tele: 23093176

DoPT Order 2016

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North Block, New Delhi — 110001
Dated: 09.09.2016

OFFICE MEMORANDUM

Subject: Prevention of Sexual Harassment of working women at workplace – Seniority of the Chairperson of the Complaint Committee – regarding.

The undersigned is directed to refer to the DoPT OM no. 11013/2/2014-Estt.A-III dated 16th July, 2015 as the Para 1 of the Guide attached to the OM, it was clarified that the Complaints Committee set up to inquiry into charges of sexual harassment should be headed by a women and at least half of its member should also be women. In case a women officer of sufficiently senior level is not available in a particular office, an office from another officer may be so appointed. It was also indicated that to prevent the possibility of any undue pressure, the Complaints Committee should also involved a third party either NGO or some other body which is familiar with the issue of sexual harassment.

2. The issue of legality of a committee conducting inquiry against an officer against whom there are allegations of sexual harassment but where the Chairperson happens to be junior in rank to the suspect officer has been examined. It is clarified that there is no bar either in the CCS (CCA) Rules or under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to the Chairperson of the Complaints Committee being junior to the suspect officer or the charged officer. Hon’ble Allahabad High Court has in Sint. Shobha Goswami vs State of U.P. And 2 Ors, in WRIT – A No. – 31659 of 2015 observed as follows:

“In my opinion, there is nothing in the Scheme of the section which requires the lady member to be senior in rank to the officer against whom the allegation of sexual harassment are brought. The language of Section 4 of the Act only requires the lady member to the Senior Level”.

This also does not in any way cause any prejudice to the charged officer.

3. Further, to ensure fair inquiry, Ministries/ Departments may also consider transferring the suspect officer/ charged officer to another office to obviate any risk of that officer using the authority of his office to influence the proceedings of the Complaints Committee.

4. Hindi Version will follow.

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

Source: Finmin

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No. 13026/2/2016-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 14.07.2016

OFFICE MEMORANDUM 

Subject: Implementation of leave provision under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 — Reg.

Consequent to the enactment of the ‘Sexual Harassment of Women at  Workplace (Prevention, Prohibition and Redressal) Act, 2013’, this Department is  considering issuing instructions for the grant of leave to the aggrieved woman during  pendency of inquiry up to a period of three months in addition to the leave which she  is otherwise entitled to.

2. In this regard, it is proposed to insert/incorporate a new Rule in the CCS  (Leave) Rules, 1972. The new rule may read as follows:

“Special Leave connected with inquiry on sexual harassment — Leave up to a maximum of 90 days may be granted to an aggrieved female Government Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(2) The leave so granted to the aggrieved woman under this rule shall not be debited against the leave account.”

(Navneet Misra)
Under Secretary to the Government of India

Copy to: NIC, DoPT for uploading on the website of the Ministry.

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