Amendment of CCS (Conduct) Rules & CCS (CCA) Rules to cover Sexual Harassment Cases at Workplace

 

Article

Amendment of CCS (Conduct) Rules & CCS (CCA) Rules to cover Sexual Harassment Cases at Workplace

With a view to inculcate discipline amongst the government servants and to ensure that they do not indulge in sexual harassment at workplace the government has amended the CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965 [vide Notifications published as G.S.R. 823(E) and G.S.R. 822(E) in the Gazette of India (Extraordinary) dated   19-11-2014].

Applicability of CCS Conduct Rules: The CCS (Conduct) Rules, 1965 apply to every person appointed to a civil service or post including a civilian in Defence Service in connection with the affairs of the Union.

 

However, these rules are not applicable to a railway servant as defined in the Indian Railways Act, 1890 (9 of 1890); or a person holding a post in the Railway Board and is subject to the Railway Services (Conduct) Rules; or  holding any post under the administrative control of the Railway Board or of the Financial Commissioner of Railways viz a member of an All India Service; a holder of any post in respect of which the President has, by a general or special order, directed that these rules shall not apply. 

Railway Board has set up its own complaints committees and stated that such committees shall be in existence at all times.  Rule 9(2) of the RS (D&A) Rules, 1968 provides that the complaints committee be established in each office under the Railways to enquire into such complaints shall be deemed to be the inquiring authority appointed by the disciplinary authority and the committee shall hold the inquiry in accordance with the procedure laid down in these rules, to the extent practicable. 

Applicability of CCS (CCA) Rules: CCS (CCA) Rules are applicable to every Government servant including every civilian government servant in the Defence Services. However, these rules shall not be applicable to any railway servant, or any member of the All India Services, or any person in casual employment; any person subject to discharge from service on less than one month's notice or to any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions; any group of government servants exempted  from the operation of all or any of these rules exempted by the President.

 

Amendments of CCS Conduct Rules and CCS (CCA) Rules: Despite the fact that  provisions  about sexual harassment already existed in the CCS (Conduct) Rules 1964 defining sexual harassment, yet the government has strengthened the existing conduct Rules and streamlined the procedures.  Rule 14(2) of the CCS (CCA) Rules 1965 has also been amended which provides that the internal committee established in each Ministry or Department or office enquiring into such complaints shall be deemed to be the inquiring authority appointed by the disciplinary authority. The committee shall hold the inquiry, so far as practicable, in accordance with the procedure laid down in the CCS (CCA) Rules. Similar provisions exist in the relevant service rules of other Central Government servants not, governed by CCS (Conduct) Rules/CCS (CCA) Rules.

 

The existing definition of sexual harassment in Rule 3-C of CCS (Conduct) Rules, 1964 has been amended. The amended rule is as follows:

 

"Rule 3C - Prohibition of sexual harassment of working women

(1) No Government servant shall indulge in any act of sexual harassment of any woman at any work place.

(2) Every Government servant who is in charge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

Explanation- 1 For the purpose of this rule,

(a) "sexual harassment" includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:—

(i)  physical contact and advances; or

(ii) demand or request for sexual favours; or

(iii) sexually coloured remarks; or

(iv) showing any pornography; or

(v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

(b) The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:-

(i)  implied or explicit promise of preferential treatment in employment; or

(ii) implied or explicit threat of detrimental treatment in employment; or

(iii) Implied or explicit threat about her present or future employment status; or

(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or

(v) humiliating treatment likely to affect her health or safety.

(c) "workplace" includes, -

(i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;

(ii) hospitals or nursing homes;

(iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;

(iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;

(v) a dwelling place or a house."

 

DoPT guidelines:

 

Procedure for handling sexual harassment complaints: The DoPT has advised all Ministries/ Departments that the following procedure may be adopted while dealing with complaints of sexual harassment:

 

(i) Sexual harassment will include any one or more of the Acts or behaviour defined in Rule 3-C of the CCS (Conduct) Rules 1964 read with Section (2) of the Act.

(ii) The committee constituted in each Ministry/ Department/ office under the CCS (Conduct) Rules, 1964 shall inquire into complaints of sexual harassment in accordance with the provisions of Section 4 of the Act.

(iii) The committee will as far as practicable follow the procedures prescribed in CCS (CCA) Rules 1965 for conduct of the inquiry.

(iv) If any complaint is received directly by the committee, the same shall be referred to the appropriate disciplinary authority and the committee shall inquire into the complaint on the complaint being referred to it by the disciplinary authority.

 

The Committee will have the powers to recommend to the employer:-

a) to transfer the aggrieved woman or the charged officer to any other workplace; or

b) to grant leave to the aggrieved woman up to a period of three months. (The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled to.)

c) to grant such other relief to the aggrieved woman as may be prescribed; or

d) to deduct from the salary or wages of the charged officer such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs.

 

Any amount outstanding at the time of cessation of the services of the charged officer due to retirement, death or otherwise may be recovered from the terminal benefits payable to the officer or his heirs. Such compensation will not amount to penalty under Rule 11 of CCS (CCA) Rules in terms of the Explanation (ix) to Rule 11 inserted vide Notification of even Number dated 19-11-2014.

 

The committee may recommend action to be taken against the person who has made a complaint, if the committee arrives at the conclusion that the allegation is malicious or the aggrieved woman or the person making the complaint has made the complaint knowing it to be false or has produced any forged or misleading document. The committee may also recommend action against any witness if it comes to the conclusion that such witness has given false evidence or produced any forged or misleading document.

 

All the Ministries/ Departments have also been to advise the PSEs/ Autonomous Bodies under their administrative control to align their service rules with the SHWW (PPR) Act/ Rules.[ DoPT OM No. 11013/2/2014 Estt (AIII) Dated the 27 the November 2014]

 

Guidelines for conveying the decision of the Committee of Secretaries: 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 Vishaka 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 31st March) in the enclosed proforma to this Department by 30th April every year.

[DoPT OM No. 11013/2/2014-Estt (A-III), Dated February 2, 2015] 

Guidelines regarding CCS (CCA) Rules, 1965: Undersigned is directed to say that following enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 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. [ DoPT OM F. No. 11012/5/2016-Estt.A-III, Dated August 2, 2016]