Central Civil Services (Conduct) Second Amendment Rules, 2014: Prohibition of Sexual Harassment

C

New regulations have been introduced to strengthen the prohibition of sexual harassment for working women within the Central Civil Services. These rules, which came into effect upon publication in the Official Gazette, mandate that no Government servant shall engage in any act of sexual harassment. Furthermore, individuals in charge of workplaces are required to implement appropriate measures to prevent such harassment. The definition of sexual harassment has been expanded to encompass physical contact and advances, demands for sexual favors, sexually colored remarks, displaying pornography, and any other unwelcome sexual conduct, whether direct or implied. The regulations also clarify that circumstances like implied promises of preferential treatment, threats of detrimental employment, interference with work, or the creation of a hostile environment can constitute sexual harassment. The definition of ‘workplace’ has been broadened to include various government-funded entities, hospitals, sports facilities, and even places visited during employment, including employer-provided transportation.

SOURCE PDF LINK :

Click to access GSR-823-19112014.pdf

Click to view full document content


NOTIFICATION

New Delhi, the 19th November, 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 day 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 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
    (vi) 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.’.
    [No.11013/2/2014-Estt. (A)]
    MAMTA KUNDRA, Jt. Secy.[ भाग II-खण्ड 3(i) $]$ भारत का राजपत्र : असाधारण Note:- The Principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i), vide S.O. No. 4177 dated the 12th December, 1964 and subsequently amended by –

| S.
No. | Notification No. | Date | Published in the Gazette of India Part II Section 3, Sub-Section (i), S.O. No. | |
| — | — | — | — | — |
| 1. | 25/23/68-Estt.(A) | 3rd February, 1970 | 482 | The 14th February, 1970 |
| 2. | 25/11/72-Estt.(A) | 24th October, 1972 | 3643 | The 4th November, 1972 |
| 3. | 25/57/64-Estt.(A) | 5th January, 1973 | 83 | The 13th January, 1973 |
| 4. | 11013/12/75-Estt.(A) | 13th February, 1976 | 846 | The 28th February, 1976 |
| 5. | 25/19/74-Estt.(A) | 30th June, 1976 | 2563 | The 17th July, 1976 |
| 6. | 11013/19/75-Estt.(A) | 6th July, 1976 | 5691 | The 24th July, 1976 |
| 7. | 11013/06/75-Estt.(A) | 24th November, 1976 | 4663 | The 11th December, 1976 |
| 8. | 11013/4/76-Estt.(A) | 24th August, 1977 | 2859 | The 17th September, 1977 |
| 9. | 11013/03/78-Estt.(A) | 22nd September, 1978 | 2859 | The 30th September, 1978 |
| 10. | 11013/12/78-Estt.(A) | 20th December, 1978 | 3 | The 6th January, 1980 |
| 11. | 11013/3/80-Estt.(A) | 24th April, 1980 | 1270 | The 10th June, 1980 |
| 12. | 11013/21/84-Estt.(A) | 3rd October, 1985 | 4812 | The 19th October, 1985 |
| 13. | 11013/6/85-Estt.(A) | 21st February, 1986 | 935 | The 8th March, 1986 |
| 14. | 11013/11/85-Estt.(A) | 7th March, 1986 | 1124 | The 22nd March, 1986 |
| 15 | 11013/5/86-Estt.(A) | 4th September, 1986 | 3159 | The 20th September, 1986 |
| 16 | 11013/16/85-Estt.(A) | 10th September, 1986 | 3280 | The 27th September, 1986 |
| 17. | 11013/1/87-Estt.(A) | 27th July, 1987 | 1965 | The 8th August, 1987 |
| 18. | 11013/19/87-Estt.(A) | 19th April, 1988 | 1454 | The 14th June, 1988 |
| 19. | 11013/18/87-Estt.(A) | 18th September, 1990 | 2582 | The 6th October, 1990 |
| 20. | 11013/20/91-Estt.(A) | 9th December, 1992 | 3231 | The 26th December, 1992 |
| 21. | 11013/4/93-Estt.(A) | 12th July, 1995 | GSR 355 | The 29th July, 1995 |
| 22. | 11013/4/93-Estt.(A) | 16th August, 1996 | GSR 637 | The 31st August, 1996 |
| 23. | 11013/10/97-Estt.(A) | 13th February, 1998 | GSR 49 | The 7th March, 1998 |
| 24. | 11013/5/97-Estt.(A) | 14th October, 1999 | GSR 342 | The 23rd October, 1999 |
| 25. | 11013/6/2001-Estt.(A) | 15th December, 2003 | GSR 458 | The 27th December, 2003 |
| 26. | 11013/7/2005-Estt.(A) | 18th October, 2005 | GSR 376 | The 18th October, 2005 |
| 27. | 11013/12/2008-Estt.(A) | 27th January, 2009 | GSR 8 | The 27th January, 2009 |
| 28. | 11013/8/2009-Estt.(A) | 9th May, 2011 | GSR 370(E) | The 9th May, 2011 |
| 29. | 11013/3/2013-Estt.(A) | 4th March, 2014 | GSR 149(E) | The 4th March, 2014 |