Amendment to rule 3C of Railway Services (Conduct) Rules, 1966 – Prohibition of sexual harassment of working women

Amendment to rule 3C of Railway Services (Conduct) Rules, 1966 – Prohibition of sexual harassment of working women

RBE NO. 2/2015

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

RAILWAY BOARD

New Delhi, dated: 12.01.2015

In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby directs that rule 3C of the Railway Services (Conduct) Rules, 1966, contained in Appendix-I of the Indian Railway Establishment Code-Vol.-I Fifth Edition, 1985 (Third Reprint Edition, 2008) may be amended as in the Advance Correction Slip No. 124 enclosed.

(S. Modi)

Dy. Director Establishment (D&A)

Railway Board

INDIAN RAILWAY ESTABLISHMENT CODE – VOL.I (FIFTH EDITION 1985 THIRD REPRINT EDITION, 2008)

Appendix-I- Railway Services (Conduct) Rules, 1966

Advance Correction Slip No. 124

In the Railway Services (Conduct) Rules, 1966, for Rule 3 C the following rule shall be substituted namely:-

“3 C. Prohibition of sexual harassment of working women –

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

(2) Every Railway 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 behaviour (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 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.”

(Authority – Railway Board’s letter No. E(D&A) 2014 GS1-4 dated 12.01.2015)