Government of India Instructions on
Conduct Rules
(A compilation of important Govt orders on Conduct Rules)
5. 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 abovementioned
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 st March) in the enclosed proforma to
this Department by 30 th April every year.
DOPT OM No. 11013/2/2015-Estt.A-III, Dated the 2nd February, 2015.
6. 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.
DOPT OM No. 11013/7/2016-Estt.A-III Dated the 22nd December, 2016
7. Online
Complaint Management System Titled "Sexual Harassment Electronic-Box
(SHe-Box)" - Regarding.
The undersigned is directed to say that Ministry of
Women & Child Development launched an online complaint management system
titled Sexual Harassment electronic-Box (SHe-Box) on 24th July, 2017 for
registering complaints related to sexual harassment at workplace. The She-Box
is] an initiative to provide a platform to the women working or visiting any
office of Central Government (Central Ministries, Departments, Public Sector
Undertakings, Autonomous Bodies and Institutions etc.) to file complaints
related to sexual harassment at workplace under the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. Once a complaint is submitted to SHe-Box, it
will be directly sent to the Internal Complaint Committee (ICC) of the
concerned Ministry / Department/ PSU / Autonomous Body etc. having jurisdiction
to inquire into the complaint. The She-Box also provides an opportunity to both
the complainant and nodal administrative authority to monitor the progress of
inquiry conducted by the ICCs. The SHe-Box portal can be accessed at the link
given below:
http://www.shebox.nic.in/
3. Features of the SHe-Box are as under:
(i) SHe-Box is an online Complaint Management
System for lodging complaints related to sexual harassment of women at
workplace. The steps required for filing of complaint through
SHe-Box can be downloaded from the link: http://www.shebox.nic.in/assets/site/download/manual.pdf
(ii) Any woman working or visiting any office of
Central Government (Central Ministries, Departments, Public Sector
Undertakings, Autonomous Bodies and Institutions etc.) can file complaint
related to sexual harassment at workplace through this SHe-Box .
(iii) Once a complaint is submitted to the SHe-Box,
it will directly send the complaint to the Internal Complaints Committee (ICC)
of the concerned Ministry /Department /PSU /Autonomous Body etc; having
jurisdiction to inquire into the complaint. The Internal Complaints Committee
will take action as prescribed under the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 and update the
status of the complaint through 'Administrator Login'
(iv) The status of complaint can be viewed at any
time by pressing the tab 'View Status of Your Complaint' within SHe-Box.
4. The complaint registered in the She-Box contains
only a brief description of the incident of sexual harassment at workplace. The
Internal Complaints Committee (ICC) is required to initiate inquiry as
prescribed under Section 11 of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 read with Department of
Personnel & Training's O.M. No. 11013/2/2014-Estt.(A-III) elated 16th July,
2015 by calling upon the complainant to provide detailed complaint along with
all the relevant evidences (documentary or otherwise).
5. All the Ministries/Departments are requested to
bring the contents of this OM to the notice of all officers and staff working
under them. The Ministries/ Departments are also requested to advise the PSEs
/Autonomous Bodies under their administrative control to bring the content of
SHe-Box to all officers and staff.
DOPT OM No. 11013/7/2016-Estt.A-III, Dated the 1st November, 2017.
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ReplyDeleteSir If sexual harrasment compplaint is proved as false
ReplyDeleteWhat will be action against complainant? Sorry to say that lot of false complaints made against innocents
Nowadays sir, 🙏