Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013

| March 24, 2015 | Reply

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 15/20 15

No. E(D&A) 2015 GS1-1                                                                           New Delhi, dated 05.03.2015
The General Manager(P)
Afl Indian Railways and
Production Units etc.
(As per standard list).

Sub: Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressaf) Act, 2013 {SHWW(PPR) Act} has been promulgated on 22.04.2013. Further to the Act, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 {SHWW(PPR) Rules} were notified on 09.12.2013. The Act and the Rules framed thereunder provide a redressal mechanism for handling cases of sexual harassment at workplace. The Act and Rules are available at the website of the Ministry of Women and Child Development (wcd.nic.in) under
Legislation/ Acts.
2. The guidelines laid down by the Hon’ble Supreme Court in the case of Vishakha vs. State of Rajasthan, in the matter of sexual harassment of women at the workplace, were circulated on the Railways vide Railway Board’s fetter no. E(D&A) 97 GS1-4 dated 01.07.1998. These instructions, interalia, envisaged the constitution of a complaints committee for looking into complaints of sexual harassment and also specified the composition of such committee. These instructions also laid down guidelines regarding preventive steps, disciplinary/criminal proceedings against the offender, workers initiative to raise matters of sexual harassment at meetings, awareness etc. in context of sexual harassment of working women.
3. Subsequently, Railway Board’s letter no. E(D&A) 2009 GS1-9 dated 30.01.2010 also laid down that the Complaints Committee shall be in existence at all times . Its composition along with names, contact details should be put on public display notice Board prominently in offices, workshops, stations where there is major concentration of
staff. Changes in its composition, whenever necessary, should be made promptly and adequately publicized. It was also laid down that the composition of the Complaints committee be also posted on the websites of the concerned
Ministries/Departments/Offices concerned. A copy of DoP&T’s O.M. dated 03.08.2009 was also circulated alongwith the said letter which interalia laid down that the Committee should be effective and functional at all times and that it is desirable for the Committee to meet once a quarter, even if there is no live case and review preparedness to fulfill all requirements of the Vishakha judgment in the Department/Min is try/Organisation concerned.
4. Further, the proviso to Rule 9(2) of the RS (D&A) Rules, 1968 provides that the Complaints Committee established in each office under the Railways enquiring 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.

Original Board Letter is being reproduced underneath along with download link:-

Download Link Here

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Category: E(D&A) Instructions, Establishment, Railway Board Orders, Railway Board Orders 2015

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