F. No. 11012/5/2016-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 August 2, 2016
OFFICE MEMORANDUM
Subject:
Central Civil Services (Classification, Control and Appeal) Rules 1965 --
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 Central Civil
Services (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(i) 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 employee against whom the allegation have been made in a case involving allegations of sexual harassment, the Disciplinary Authority shall supply a copy of the Report of the Complaint 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(i) 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.
(Mukesh Chaturvedi)
Director (E)
Tele: 2309 3176
