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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The details of funds allocated and released during the last three years and the current year are –

Besides, Government is implementing various welfare schemes for providing medical, educational, housing facilities and social security to the workers, including women, employed in Beedi making & Mines. Under the prevalent medical scheme, female beedi workers are granted Rs. 1,000/- per delivery for first two deliveries and an amount of Rs. 5000/- is provided as financial assistance to the widow/widower beedi worker for meeting the wedding expenses of their first two daughters.

This information was given by Shri Bandaru Dattatreya, the Minister of State (IC) for Labour and Employment, in reply to a question in Lok Sabha today.

PIB

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North Block, New Delhi – 110001
Dated July 11th, 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 say that many references for clarification on the rank of the Chairperson of the Complaints Committee vis a vis the employees against whom the allegations have been made in accordance with the Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Act, 2013 has been examined. The draft instructions are attached. Before the instructions in the Draft O.M. are finalized, all stakeholders, Ministries / Departments are requested to offer their comments / views, if any, in this regard latest by 25th July, 2016
at the e-mail address dire-dopt@nic.in

(Mukesh Chaturvedi)
Director (E)
Tel: 23093176

To
All Ministries/ Departments of the Government of India

F. No. Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi – 110001
Dated , 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 say that following the enactment
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 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 No 11013/02/2014-Estt.A-III dated 27.11.2014.

2. As per Section 4(1) of the SHWW (PPR) Act, 2013, 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.
3. As per the amended Rule 14 of the CCS (CCA) Rules, 1965, in cases of sexual harassment, the inquiry is to be conducted by the Complaints Committee in that Ministry/ Department. Recently, many references for clarification on the rank of the Chairperson of the Complaints Committee vis a vis the employee against whom the allegations have been made have come to this Department. The matter has been examined in consultation with the Department of Legal Affairs and Ministry of Women & Child Development. It is clarified that the committee constituted in terms of the SHWW (PPR) Act, 2013 is legally competent to hold an inquiry into a case irrespective of the fact that the Chairperson of such Committee is lower in rank to the employee against whom the allegations have been made.
4. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.
5. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

Complaints Committee vis a vis the employee against whom the allegations have been made have come to this Department. The matter has been examined in consultation with the Department of Legal Affairs and Ministry of Women & Child Development. It is clarified that the committee constituted in terms of the SHWW (PPR) Act, 2013 is legally competent to hold an inquiry into a case irrespective of the fact that the Chairperson of such Committee is lower in rank to the employee against whom the allegations have been made.
4. All Ministries/ Departments/Offices are requested to bring the above guidelines to  the notice of all Disciplinary Authorities under their control.
5. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

To
The Secretaries of All Ministries Departments (as per the standard list)

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