Pune Govt Order for Registration of Internal Committees

(IC / ICCs)
30/07/2021

This is regarding an Order of Pune District Women and Child Development

Department as published in the local newspaper Sakal dated 23rd July 2021 regarding
submission of reports of constitution of internal committee (“IC”) in Government /
Private Sectors organizations as per POSH Act.
This is applicable to you if your Organization has an office in Pune with 10 or more
employees. This Order states that such organisations must mandatorily constitute
an IC and put up posters on the notice board of the workplace informing the
employees about the constitution of IC.

The order requires organizations to submit a report about the same to Pune District
Women and Child Development Department through Post/By hand by 30th August
2021.

Please Note: As penalty, POSH Act prescribes for fine up to INR 50,000 and
cancellation of license to do business (in case of repetition).

Address for Post / Hand Delivery:

Office of District Women and Child Development Officer,

Gulmarg Park Housing Society,

3rd Floor, Near Vijay Bakery,

Somwar Peth,

Pune – 411011

Please feel free to reach out to us in case you do not have an IC or have any queries
or concerns.

Registration of IC members in Telangana

15/01/2020

As per the Telangana State Government notification (attached), the details of the ICs
have to be registered by the organization through the web portal of the
government: http://tshebox.tgwdcw.in/.  
Please note that this webportal also requires you to upload the ‘order in writing’.

This is because the Law (under Section 4) requires that the employer must constitute
an IC by an order in writing. Hence, once, the employer constitutes the IC by an order
in writing, the constitution of IC shall be considered valid and as per Law and this is
the order that has to be attached in the web portal.

Efforts taken by the Ministry of Women & Child

Development
01/12/2018

The Ministry of Women and Child Development has been very proactive and taking
several measures to ensure that crime against women is reduced. It has taken the
following measures till now:

1. Larger funds allotted: On 21st December, 2017, the Press Information

Bureau released a statement that fresh amount has been allocated under
the Nirbhaya Fund. Government of India had set up a dedicated fund
called “Nirbhaya Fund” in 2013, for implementation of initiatives aimed at
enhancing the safety and security for women in the country. It is a non-
lapsable corpus fund.
2. One Stop Centers created: As per a Press Information Bureau report, on

15th December, 2017, the Minister of Women and Child Development, Smt.

Maneka Sanjay Gandhi inaugurated the Two Day National Workshop on
Role of Sakhi One Stop Centres in Strengthening Multi Sectoral Response
to Violence in New Delhi. The workshop has been organized by the
Ministry of Women and Child Development. Around 400 Sakhi- One Stop
Centre Functionaries and nodal officials from State Department of
Women and Child Development from 33 States/UTs across the country
are participating in the two day workshop.
3. Maneka Sanjay Gandhi wrote to film producers to comply with Sexual

Harassment Act: On 13th December, 2017, Smt. Maneka Sanjay Gandhi

personally wrote to production houses to ensure that the film industry
also complies with the law against sexual harassment. She wrote to
Aditya Chopra, Karan Johar, Anurag Kashyap, Bhushan Kumar, Ekta
Kapoor, Vinod Chopra, Mahesh Bhatt, Shahrukh Khan, Sooraj Barjatya
Bhavana, Ritesh Sidhwani, Farhan Akhtar, Anil Dhirubhai Ambani, Ajit
 Andhare, Sajid Nadiadwala, Vijay Singh, NP Singh, Aamir Khan, Shobu
Yarlagadda, Rakeysh Omprakash Mehra, Ashutosh Gowarikar, Manish
Mundra, Pritish Nandy, Sanjay Leela Bhansali and Subhash Ghai in this
regard.
4. Ministry of Women & Child Development launched a portal to receive

sexual harassment complaints: In November, 2017 Ministry launched an

online portal called http://www.shebox.nic.in/ so that women facing
incidents can file complaints of sexual harassment at workplace directly
with the Ministry. The complaints can be filed by women working in
private as well as public sector organizations and the Ministry shall
forward the complaint to the internal committee of such organization.
Hence, in case a company does not have an internal committee, the
woman employee can reach out to the Ministry and the Ministry shall
directly be in a position to even penalize the company for not complying
with Law. Below is a screenshot of the portal:
5. Ministry of Women & Child Development empaneled organizations
across India to conduct training / awareness sessions on Sexual
Harassment Act: In February, 2017, Ministry empaneled 29 organizations
to conduct training and awareness sessions on the Law against sexual
harassment at workplace and (POSH at Work was one such organization
and the only one in the State of Maharashtra and Goa). In November,
2017, the Ministry updated this list and included several other
organizations so that further awareness about the Law is created.
Naturally, with growing awareness, the number of complaints shall also
rise. This list is also available on the Ministry’s portal. Below is a
screenshot of the same:
6. Companies Act amended to include disclosure on sexual

harassment: The Ministry of Corporate Affairs on 31st July, 2018 amended

the Companies (Accounts) Rules, 2014 It provides that companies shall
now have to mandatorily provide “a statement that the company has
 complied with provisions relating to the constitution of Internal Complaints
Committee under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013…” This will be in addition
to the Annual Report that companies have to file as per the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 to the District Officer. Non-compliance with the
reporting requirements under S134 of the Companies Act, 2013 could
lead to imposition of a fine on the Company which is not less than Rs.
50,000 but which may extend to Rs. 25 Lakhs and imprisonment of every
officer of the Company for a term which may extend to 3 years or fine in
the range of Rs. 50,000 to Rs. 5 Lakhs. Click here for a copy of the
notification

7. DoPT OM of 16.07.2015 on Step Guide for Handling

Sexual Harassment Complaints
8. 20/11/2016
9. The Government of India, through the Department of Personnel & Training of
the Ministry of Personnel, Public Grievances and Pensions (“DoPT”),
published the Office Memorandum F. No. 11013/2/2014-Estt (A-III), dated
16th July, 2015 stating that a guide on “Steps for Conduct of Inquiry
in complaints of Sexual Harassment” (“Step Guide”) has been formulated
laying down the procedure that must be followed while handling complaints
related to sexual harassment.
10. The Step Guide is in consonance with Rule 14 (2) of the Central Civil Services
(Classification, Control and Appeal) Rules, 1965 which lays down that the ICC
of each Ministry or Department shall hold inquiry in a matter of sexual
harassment as far as practicable in accordance with the procedure lain down
in the Rules.
11. The DoPT Office Memorandum clarifies that the Step Guide is intended to give
details with respect to the procedure prescribed in the Rules and is not
intended to be a substitute for reference to the Rules and instructions. It says
that members of ICCs and others who are required to deal with such inquiries
should acquaint themselves with Central Civil Services (Classification, Control
and Appeal) Rules, 1965, and instructions issued thereunder.
12. The Step Guide provides for detailed procedure on how an inquiry must be
conducted. While most of the provisions are in line with the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
 Act, 2013 and the Rules and are a blend of the two, an important provision
prescribed in the Step Guide seems to be that Disciplinary Authority may
dispense with inquiry under Rule I9 (ii), and action may be taken without the
inquiry when the Disciplinary Authority concludes that it is not reasonably
practicable to hold such an inquiry. It states that the circumstances leading to
such a conclusion may exist either before the inquiry is commenced or may
develop in the course of the inquiry. The situations that may give rise to such
a conclusion by Disciplinary Authority are also provided in the Step Guide.

PleasDoPT OM of 02.02.2016 on Filing of Appeals under

Section 18
19/11/2016

The Government of India, through the Department of Personnel & Training of the
Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office
Memorandum F. No. 11012/0S/2016-Estt.A-III, dated 2nd June, 2016 regarding filing
of appeals under Section 18 of the Sexual Harassment of Women at Workplace
(Prevention, prohibition and Redressal) Act, 2013.

This Office Memorandum has clarified that all those organizations to which the
Central Civil Services (Classification, Control and Appeal) Rules, 1965 apply, a
representation by a complainant against the Report of the Internal Complaints
Committee (“ICC”) (which Report the ICC is mandated to prepare after conducting an
inquiry into a complaint) in a matter of sexual harassment shall be considered to be
an appeal in accordance with Section 18 of the Act.
The DoPT has, therefore, stated that in a complaint of sexual harassment, where an
ICC has not recommended any action against the Charged Officer, the Disciplinary
Authority shall supply a copy of the Report of the ICC to the complainant. If the
complainant makes a representation against the Report of the ICC, then the
Disciplinary Authority shall have to consider her representation before coming to a
final conclusion. DoPT has also made it clear that this representation, made by the
complainant, shall be deemed to be an appeal under section 18 of the Act.

Section 18 of the Act provides that any person aggrieved from the recommendations
made under the Act 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 such a person or

 Where no service rules exist then in accordance with the provisions of the Act.
The Act and the Rules thereunder provides that any person aggrieved, may
 prefer an appeal to the appellate authority notified under Industrial
Employment (Standing Orders) Act, 1946.
The second provision of filing an appeal is available only if there are no service rules
applicable to an organization. Hence, in the case of all those organizations where the
Central Civil Services (Classification, Control and Appeal) Rules, 1965 are applicable,
the second provision under Section 18 of the Act i.e. preferring an appeal to the
appellate authority notified under Industrial Employment (Standing Orders) Act, 1946
shall not be available.

Please click here to view a copy of the Office Memorandum.

13. e click here to view the Office Memorandum dated 16th July, 2015.

14. MWCD Department Circular of 27.10.2014 on

Implementation of the Act and Rules
15. 19/11/2016

16. The Government of India through the Ministry of Women and Child

Development, issued a Department Circular No. 19-8 2014-WW, dated 27th
October, 2014 (“Department Circular”) regarding implementation of the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013. This Department Circular clarifies that ‘the Act casts an
obligation upon all the organizations (whether private or public sector) having
more than 10 workers to constitute Internal Complaints Committee (ICC) for
receiving complaints of sexual harassment.’ It also states that the ICC and
Local Complaints Committee (LCC) shall prepare an annual report and submit
the same to the employer or District Officer who in turn will forward a brief
report on the total annual reports so received to the State Government
authorized to monitor the implementation of the Act and maintain data on
the number of cases filed and disposed off.
17. It further goes on to say that the Department of Women and Child
Development in every State/Union Territory is required to collate this
information from various government departments, public sector
undertakings and private institutions for the first time for one and a half years
since the Act came into force and at every six months in the future and
forward the same to the Ministry of Women and Child Development.
18. Please click here to view the Department Circular dated 27th October, 2014.

DoPT OM of 02.02.2015 regarding Annual Reports and

other Reporting Requirements
19/11/2016

The Government of India, through the Department of Personnel & Training of the
Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office
Memorandum No. 11013/2/2014-Estt (A-III), dated 2nd February, 2015 in relation to
the reporting requirements under the provisions of the Sexual Harassment of
Women at Workplace (Prevention, prohibition and Redressal) Act, 2013.

DoPT reiterated the guidelines that were issued by it in 2009 and stated that the ICC
should be in existence at all times and changes in its composition, whenever
necessary, should be made promptly and adequately publicized. The composition of
the ICC should also be posted on the websites of the concerned
Ministries/Departments/Offices concerned.

Referring to its Office Memorandum dated 1st December, 2014, in which DoPT had
drawn the attention of the Ministries / Departments to the reporting requirements
under the Act and Rules, it said that all Ministries / Departments should review the
progress of implementation of the existing guidelines.

It also referred to Section 22 of the Act relating to including information in Annual

Report, and stated that information relating to number of cases filed, if any, and their
disposal may be included in the Annual Report of the Ministry / Department and all
Ministries / Departments should furnish an annual return (as on 31st March) by 30th
April every year.

Please click here to view the Office Memorandum dated 2nd February, 2015
DoPT OM of 14.07.2016 on Leave to the Aggrieved Woman

19/11/2016

The Government of India, through the Department of Personnel & Training of the Ministry of
Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum No.
13026/2/2016-Estt. (L), dated 14th July, 2016 regarding grant of leave to the aggrieved woman
during pendency of inquiry up to a period of three months in addition to the leave which she is
otherwise entitled to. This is in accordance with the provisions of the Sexual Harassment of Women
at Workplace (Prevention, prohibition and Redressal) Act, 2013.

DoPT proposed that a new Rule in the CCS (Leave) Rules, 1972 may have to be inserted to reflect the
above decision. It also suggested that language that may be used to insert a new provision:

“Special Leave connected with inquiry on sexual harassment — Leave up to a maximum of 90 days
may be granted to an aggrieved female Government Servant on the recommendation of the Internal
Committee or the Local Committee, as the case may be,  during the pendency  of inquiry under Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(2) The leave so granted to the aggrieved woman under this rule shall not be debited against the
leave account.”