PREVENTION OF SEXUAL HARASSMENT OF WORKING WOMEN

No.1101'3/3/2009-Estt. (A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) North Block, New Delhi, Subject : ' CCS (Conduct) Rules, 1964 - Guidelines regarding prevention of sexual harassment of working women in the workplace. The undersigned is directed to refer to Department of Personnel and Training's a.M. No. 110,13/10/97-Estt. (A) dated 13.02:1998 and 13.07.1999, OM. No. 11013/11/2001-Estt. (A) dated 12.12.2002 and 04.08.2005 and OM. No. 11013/312009-Estt.(A) dated 02.02.2009 on the abovementioned subject and to say that it is necessary to have in place at all times an effective Complaint Mechanism for dealing with cases of sexual harassment of working women and to create awareness in this regard, particularly amongst working women. The saliient features of the Complaint Mechanism and inquiry procedure are as follows :.. (i) Rule 3 C of the' CGS (Conduct) Rules, '1964 provides that no Government servant shall indulge in any act of sexual harassment. of any Women at her work place. Every Government servant who is in charge of a work place shall take appropriate steps to prevent sexual harassment to 'any woman at ,such work place, "Sexual harassment" includes such unwelcome sexually determined behavior, whether directly or otherwise, as -- a). Physical contacts and advances; b).Demand or request for sexual favours; c).Sexually colored remarks; d).Showing any pornography or (e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. (ii) Whether or: not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the. employer's organization. for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. (iii) The complaint mechanism should be adequate to provide, where necessary, a Complaints Committee, a special counselor or other support 'service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women Further to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them. The employers and person' in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department. (iv). The Committee constituted for redressal of the complaints by the victims of sexual harassmen should be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations. . (v) The,Complaints .Comiittee ,established in each Ministry or Department or Office for inquirjng into complaints Of sexual harassment shall be deemed to be the inquiring Authority appointeq by the Disciplinary Authority and that the Complaints Committee shall hold, if no separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into such complaints, the inquiry, as for as practicable in accordance with the procedure laid down in the .said rules.{In 2004,a proviso was added to rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (copy .enclosed) to this effect]. (vi) The Complaints Committee in terms of Cabinet Secretariat's Order No. 1 dated 26.09.2008 will inquire into complaints made against officers of the level of Secretary and 'Additional Secretary and equivalent level in the Government of India in the Ministries/Departments and Organizations directly under the control of the Central Government (other than the Central PSUs) The existing Complaints Committee established in each Ministry or Department or Office will, inquire into complaints of sexual harassment against only those Government servants who are not covered by the Cabinet Secretariat's Order NO.1 dated 26.09.2008. (vii) ·It may be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee· be.· also posted on the websites of the concerned Ministries/Departments/Offices concerned. 3. All Ministries/Departments are requested to bring the foregoing to the notice of all concerned. (C.B. PALIWAL) Joint Secretary to the Government of India

CHILDREN EDUCATION ALLOWANCE

Children Education Allowance- Are the Procedures very simple? Before September 2008, the Assistance for education of children was available to all Central Government employees without any pay limit . The assistance was in the form of :- i) Reimbursement of Tuition Fee of upto Rs.40 per month for students in Class I to X and Rs.50 per month for students in Class XI & XII. In case of physically handicapped and mentally retarded children, the maximum limit is Rs.100 per month. ii) Children’s Education Allowance is payable at the rate of Rs.100 per month in case the Government employee is compelled to send his child to a school away from the Station of his posting. iii) Hostel subsidy at the rate of Rs.300 per month is paid in case the employee is obliged to keep his children in a hostel away from the Station of his posting and residence on account of transfer. In all these cases, the benefit is available up-to 3 children in respect of children born upto 31/12/1987 and 2 children born thereafter. The Sixth Pay Commission recommended merger of Children Education Allowance and Reimbursement of Tuition Fee which will henceforth be reimbursement upto the maximum of Rs.1000 per child per month subject to a maximum of 2 children. Hostel subsidy may be reimbursed up to the maximum limit of Rs.3000 per month per child. The limits would be automatically raised by 25% every time the Dearness Allowance on the revised pay bands goes up by 50%.Everybody felt happy about this recommendation. But after the implementation of Children Education Allowance on September 2008, claiming the CEA is not that much easy as told in 6CPC recommendation and the DOP&T order. Bills submitted by the Govt staffs were rejected by some Govt establishments on various reasons. As a result of this the CEA for the Academic Year 2008-2009 was not paid properly. The DOP&T order OM. No. 12011/03/2008-Estt.(Allowance) says that, ‘In order to ensure that Government servants have no difficulty in claiming reimbursement, the procedure under this scheme is being kept simple. Reimbursement should henceforth be made on the submission of original receipts on the basis of self certification by the Government servant.’ Since the RTF is named after an ALLOWANCE (CHILDREN EDUCATION ALLOWANCE), why shouldn’t it be paid as other Allowances like HRA, TA and DA? Where ever procedure comes, Difficulty will enter there without invitation. So ‘In order to ensure that Government servants have no difficulty in claiming CEA, the procedure must be removed.’. Will the Government do the necessary amendments in the CEA order? Any comments?

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