Sexual Harassment at workplace: Amendment in Conduct Rules

Central Civil Services (Conduct) Second Amendment Rules, 2014.

NOTIFICATION

New Delhi, the 31st October, 2014

G.S.R. 823(E).— In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Conduct) Rules, 1964, namely:-

1. (1) These rules may be called the Central Civil Services (Conduct) Second Amendment Rules, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Conduct) Rules, 1964, for rule 3C, the following rule shall be substituted, namely :-

‘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 incharge of a work place shall take appropriate steps to prevent sexual harassment to any woman at the work place.

Explanation. – (I) For the purpose of this rule,-

(a) “sexual harassment” includes any one or more of the following acts or behavior (whether directly or by implication) namely:-

i. physical contact and advances; or

ii. a demand or request for sexual favours; or

iii. making sexually coloured remarks; or

iv. showing 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 behavior 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, organization, 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.’.

[No. 11013/2/2014-Estt.(A)]

MAMTA KUNDRA, Jt. Secy.