F. No. 11012/0S/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi -110001
Dated June 2, 2016
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 email@example.com.
AllMinistries/ Departments of the Government of India
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 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
with 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 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.
The Secretaries of All Ministries/Departments (as per the standard list)