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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Sensitive Approach towards Women Employees.

   Article 16 of the Constitution of India guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Further, it provides that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

   To enhance the employability of women, the Government is providing skill training to women through a network of Women Industrial Training Institutes. There are 11 National Vocational Training Institutes providing training facilities, exclusively for women in skills having high wage-employment and self-employment potential. Further there are women wings in general ITIs which are under the administrative control of respective State Governments. National Council for Vocational Training (NCVT) has enhanced the percentage of reservation for women from 25% to 30% in training institutes.

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Bill on Protection of Women against Sexual Harassment at Work Place

The Government introduced ‘The Protection of Women against Sexual Harassment at Workplace Bill, 2010’ in Lok Sabha on 07.12.2010 with the object to provide protection to women against sexual harassment at all workplaces both in the public and private sector, whether organised or unorganised and for the prevention and redressal of complaints of sexual harassment. Women who are employed as well as those who enter the workplace as clients, customers or apprentices besides the students and research scholars in colleges and universities and patients in hospitals are sought to be covered under the proposed legislation. However, domestic workers working at home are not covered.

The National Commission for Women (NCW) suggested a draft Bill after holding consultations with various stake holders. In the draft Bill, provisions for constitution of Internal Complaints Committees, Local Complaints Committees dispute resolution prior to inquiry, maintenance of confidentiality etc. have been proposed. The important recommendations of the NCW have been incorporated in the Bill.

The NCW recommended covering domestic workers under the proposed legislation. However, the Government has decided to exclude domestic workers from the definition of employee as it may be difficult to enforce the provisions of the Bill within the privacy of homes and it may be more practical for them to take recourse to the provisions under criminal law.

This information was given by Smt. Krishna Tirath, Minister of State (Independent Charge) for Women and Child Development in a written reply to a question in the Rajya Sabha yesterday.

Source;PIB

(Release ID :68476)

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