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

F.No. 11012/05/2016-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi -110001

Dated June 2, 2016

OFFICE MEMORANDUM

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

The undersigned is directed to say that a need for providing for an appeal to the complainant in allegation of sexual harassment in accordance with the Section 18(1) of the Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Rules, 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 21st June, 2016 at the e-mail address mp.ramarao@nic.in.

Sd/-

(Mukesh Chaturvedi)

Director (E)

F. No .......................................................

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi - 110001

Dated .................... , 2016

OFFICE MEMORANDUM

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

Undersigned is directed to say that following enactment 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 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. Section 18 (1) of the SHWW(PPR) Act, 2013 provides that any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with provisions of the service rules applicable to said person or where no such service rules exist then, without prejudice to the provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

3. In accordance with Section 18(1) of the SHWW(PPR) Act, 2013, it has been decided that in all cases of allegations of sexual harassment, the following procedure may be adopted:

Where a Complaint Committee has not recommended any action against the Charged Officer in a case of involving allegations of sexual harassment, the Disciplinary Authority shall supply a copy of the Report of the Complaints Committee to the complainant and shall consider her representation, if any submitted, before coming to a final conclusion. The representation shall be deemed to be an appeal under section 18(1) of the Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

4. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control. All cases, where final orders have not been issued may be processed as per these guidelines.

5. Hindi version will follow.

Sd/-

(Mukesh Chaturvedi)

Director (E)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012-05-2016-Estt-A-III.pdf

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Steps for conducting inquiry in case of allegation of Sexual Harassment

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

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

North Block, New Delhi

Dated July 16th, 2015

OFFICE MEMORANDUM

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)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_2_2014-Estt.A-III-16072015.pdf

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Sexual Harassment Bill introduced in LS, domestic workers excluded

The Government introduced the much-awaited and much debated Protection of Women Against Sexual Harassment at Work Place Bill, 2010 in the Lok Sabha to ensure a safe working environment for every woman, fixing the responsibility on the employer and district authorities.

The legislation, however, excludes the domestic workers from its purview.

The Bill was moved by Minister for Women and Child Development Krishna Tirath in the House amid uproarious scenes created by the Opposition over its demand for a JPC probe into the 2G spectrum.

It also makes all offences under the proposed Act non-cognisable.

The Bill says that every employer shall provide a safe working environment at the workplace which includes safety from the person coming into contact at the workplace.

It provides that every employer of work place will constitute a committee to be known as internal complaints committee.

During the pendency of inquiry in such offences, the complaints committee may recommend to the employer to transfer the aggrieved woman or the respondent to any other workplace or grant leave to the aggrieved woman.

The committee would provide its report to the employer, or the District Officer and also to the parties concerned.

The legislation derives its base from various Articles relating to freedom and equality embodied in the Constitution.

Article 21 which relates to the right to life and personal liberty, includes the right to live with dignity, and in the case of women, it means that they must be treated with due respect, decency and dignity at workplace.

The Government while introducing the Bill also referred to the Supreme Court ruling in the Vishaka and Others vs State of Rajasthan case of 1997 that sexual harassment at workplace was a form of discrimination against women and recognised that it violated the Constitutional rights to equality and provided guidelines to address this issue pending the enactment of a suitable legislation. UNI

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