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ALIGNMENT OF SERVICE RULE WITH THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE ( PREVENTION, PROHIBITION AND REDRESSAL) ACT 2013.

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Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 – Guidelines regarding harassment, the Complaints Committee set up for inquiring into such complaints shall be

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RBE No. 114/2015 GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD)

No. E(D&A) 2015 GS1-1 New Delhi, dated 23.09.2015

The General Manager(P) All 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 – Guidelines regarding.

…..

Attention is invited to Railway Board’s letter of even no. dated 05.03.2015 on the above subject whereby instructions were issued for alignment of the Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] and the rules issued thereunder.

2.

Basic guidelines regarding the constitution of the Internal Complaints Committee are contained in para 5.2 of the letter dated 05.03.2015. The following additional guidelines are laid down in respect of constitution and working of the Internal Complaints Committees :-

2.1 The Internal Complaints Committee shall function at the Zonal Railway level and at the Divisional levels. All the extra-Divisional Units reporting directly to the zonal Headquarters shall be covered by the Committee constituted at the zonal Railway level and the other units shall be covered by the Committees constituted at the Divisional level. The workshops etc. will also be covered by the Committees at the Divisional level depending on their geographical location. The Public Sector Undertakings under the Ministry of Railways shall have their separate Internal Complaints Committee.

2.2 In terms of section 4(3) of the SHWW(PPR) Act, the tenure of the Presiding Officer/Members of the Internal Complaints Committee shall not exceed three years.

2.3 The composition of the Internal Complaints Committee at the Zonal and Divisional levels and details of their jurisdiction may be published on the official websites of the zonal Railways and the changes in the composition of the Committees may be promptly updated on the websites.

2.4 In terms of Rule 3(1) of the Sexual Harassment of Working Women (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules], the Member nominated to the Internal Complaints Committee from amongst non- government organisations in terms of section 4(2)(c) of the SHWW(PPR) Act, shall be entitled to an allowance of two hundred rupees per day for holding the proceedings of the Internal Complaints Committee and also the reimbursement of travel cost incurred in travelling by train in three tier air-conditioned class or air- conditioned bus and auto rickshaw or taxi, or the actual amount spent by him on travel, whichever is less.

3.

In terms of section 22 of the Act, the employer shall include the number of cases filed, if any, and their disposal under the Act, in the annual report of his organization. The Railways etc. and the PSUs under the Ministry of Railways may furnish the requisite information as per the proforma enclosed as Annexure-1, through e-mail at the following address – dell@rb.railnet.gov.in. It may be ensured that the information for the year ending on 31st March is furnished to Railway Board’s office by 30th April positively so that the same may be compiled and furnished to the Department of Personnel and Training.

4.

Railways etc. may advise their units concerned to refer to the SHWW(PPR) Act, 2013 and the SHWW(PPR) Rules, 2013, which are available at the website of the Ministry of Women and Child Development (wcd.nic.in) under Legislation/Acts, and in case of any conflict/doubt vis-à-vis Board’s instructions dated 05.03.2015, the provisions of the Act/Rules shall prevail.

5.

Rule 9(2) of the RS(D&A) Rules, 1968 lays down that the Complaints Committee established for inquiring into complaints of sexual harassment shall hold such inquiry as far as practicable in accordance with the procedure laid down in these Rules. A guide on ‘Steps for Conduct of Inquiry in complaints of Sexual Harassment’, intended to give the procedure 

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