Conduct & Disciplinary Rules - 10 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 10 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 10 : Article from Mr. K.V.Shridharan

 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.