Sexual Harassment at Central Government Offices / work place – Steps for conducting inquiry provided by DOPT

To view, please CLICK HERE.
 

11th ALL WOMEN POST OFFICE INAUGURATED IN GUJARAT CIRCLE

Rajkot Race Course Road SO of Rajkot Division in Rajkot Region (Gujarat Circle)  ALL WOMEN POST OFFICE was inaugurated on 01.08.2013 by Madam Neelam Gupta Ms Rambharosa Postmaster General Rajkot Region Rajkot. Shri Rambharosa Hon’ble Post Master General Rajkot, Shri D. R. Vankar Dy. Accountant General, Shri K. Mohanchandra Sr. AO, Shri R.M Parmar SSPO’s Rajkot Division, Shri G.R Bhanani, P.M.Rathod, G.A Bhat  ADPS o/o PMG Rajkot were present on the occasion along with other officers of RO Rajkot and staff of R.O, DO and post offices around Rajkot HO. Rajkot Race Course Road SO is located at most prominent place centrally situated near Race Course  in the building premises of Accountant General  Office. The establishment of this office is SPM + 2 Postal Assistant  & 1 MTS. The post office is fully computerized and having full proof security arrangement and all amenities pertaining to women employees.

          In Gujarat Circle it is Second All-Women Post office established. First was established at IIT Ahmedabad on 02.07.2013. The post office is part of a national initiative to set up all-women post offices to empower women and encourage gender equality in various sectors. This is the Eleventh All-Women Post Office in the country. The first such office was inaugurated at Shashtri Bhavan in Delhi on 8th March 2013, International Women Day. 
 

All Womens Post Office inaugurated in Kerala Circle

PMG Jn. SO, Kerala's 1st All Women Post Office was inaugurated on 5/7/2013 by Smt. Sugathakumary Teacher, eminent Malayalam poet, activist and environmentalist of Kerala. Smt.Sapna Promod, DA(P), Smt. A.Remadevi, SSPOs, Trivandrum North Division, Sri. C.R.Ramakrishnan APMG (S) were present on the occasion along other officers and staff of CO and POs in and around Trivandrum. PMG Jn. SO located adjacent to the Chief PMG's office in the capital city Trivandrum consists of four employees viz; SPM -S. Shanthi, PA-R. Manju, SV- C. Chandrika, and PTCL Latha Kumari. In fact, Trivandrum North Postal Division under which the PO comes is headed by a women SSP and all the Sub Divisional Heads and ASP(HQ) are lady officers, adding more impetus to women empowerment.

The post office is part of a national initiative to set up all-women post offices to empower women and encourage gender equality in various sectors.This is the ninth All-Women Post Office in the country.The first such office was inaugurated at Shashtri Bhavan in Delhi on March 8, International Women’s day.

 

First All Women Post Office of Odisha Circle opened at Odisha Assembly NDTSO under Bhubaneswar Division

Odisha Assembly NDT SO under Bhubaneswar GPO was opened today i.e.01.07.2013 as the first All Women Post Office of Odisha Circle by Sri S.K.Chakraborty, Principal Chief Post Master General, Orissa Circle in the presence of Sri Pawan Kumar Singh, DPS ( Hq.), Sri Aditya Kumar Nayak, SSPOs, Bhubaneswar Division and Sri Bijay Kumar Patra  ASP (OD ), Bhubaneswar Division. Smt. Sugi Baske joined as 1^st woman Sub Postmaster and Smt. Umarani Devi as MTS of the Odisha Assembly All Women Post Office .

 

Department decided to allow Lady Inspector Posts selected through Department Examinatioin and through SSC to Circles of their choice/Place of posting of their spouse

Department of posts in letter No A-34013/01/2009-DE/SPB-II dated 05.02.2010 addressed to All Chief PMGs has decided to consider the requests of lady Inspectors of posts for transfer to Cirele of their choice/place of posting of their spouse with the following conditions:-

I. The transfer will be allowed under Rule 38 of P&T Volume - IV without provision of minimum service in the grade of Inspectors of Posts but subject to other conditions laid down in the said rule.

II. The CPMG of the Circle where the lady Inspectors of Posts is working would be competent to permit such transfer in consultation with the CPMG of the Circle where the transfer is sought for by the individual.

III. In order to maintain the representation of promotees and direct recruits, a surplus qualified lady candidate may be allowed to seek transfer against a vacancy meant for promotion to be filled up on the basis of Departmental Examination and a lady Inspectors of Posts appointed on the basis of Direct Recruitment may be allowed transfer against a vacancy meant to be filled up by Direct Recruitment in the Circle to which the transfer has been sought for.

IV. Further in order to maintain the representation of SC/ST/OC in the case of surplus candidates appointed by promotion on the basis of Departmental Examination and SC/ST/OBC/OC in the case of Inspectors of Posts appointed by Direct recruitment, a lady Inspectors of Posts belonging to one category may be allowed transfer against the vacant post of the same category in the desired Circle.

V. As the Department has reported 276 vacancies of Inspectors of Posts pertaining to the years 2006,2007 and 2008 to be filled by Direct Recruitment and the SSC has already taken into account the said vacancies with the reported break up for SC/ST/OBC/OC and have since declared the result of writtten part of the Combined Graduate Level Examination, these vacancies shall not be taken into consideration while entertaining requests for transfer received, if any.

COMPLAINTS COMMITTEE SHALL BE DEEMED AS INQUIRY AUTHORITY UNDER RULE 14 IN SEXUAL HARRASMENT CASES

Department of Personnel and Training Office Memorandum No 11013/3/2009-Estt.(A) dated 21.7.2009

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 O.M. No. 110,13/10/97-Estt. (A) dated 13.02:1998 and 13.07.1999, O.M. No. 11013/11/2001-Estt. (A) dated 12.12.2002 and 04.08.2005 and O.M. 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 salient features of the Complaint Mechanism and inquiry procedure are as follows :-

(i) Rule 3 C of the CCS (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 incharge of a work. place shall take appropriate·stepste prevent sexual harassment to 'any woman at ,such work place, "Sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise, as --

(a) Physical contact and advances;

(b) demand or request for sexual favours;

(c) sexually coloured 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 councellor 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 perso'n' 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 harassment should be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations.

(v) The Complaints Committee, established in each Ministry or Department or Office for inquiring into complaints of sexual harassment shall be deemed to be the inquiring Authority appointed 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 Organisations 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.

PROVISIONS OF RULE 14(2) OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, 1965

14(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof.

Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964, the complaints Committee established in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed.

Source : Department of Personnel and Training Memo dated 21.7.2009

WOMEN CANDIDATES ARE EXEMPTED FROM PAYMENT OF FEES FOR COMPETITIVE EXAMS BY DIRECT RECRUITMENT/DEPTL COMPETITIVE EXAMS/DIRECT RECRUITMENT BY INTERVIEW

Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training letter No 39020/03/2009-Estt(B) dated 15.7.2009 addressed to Shri Alok Rawat, Secretary, UPSC and Shri N.K. Raghupathy, Chairman Staff Selection Commission, New Delhi

Subject :- Need for concerted efforts to increase the representation of Women in Central Government jobs mentioned in the President's address to the joint session of Parliament.

I am directed to refer to the above subject and to say that it has been decided to exempt the women candidates from payment of fees for competitive examinations by Direct Recruitment/Departmental Competitive Examinations/ Direct Recruitment by Interview conducted by Union Public Service Commission (UPSC) and Staff Selection Commission (SSC). This will be applicable for all advertisements to be released for the above purpose after issue of this letter.

Representation of Women Members on the various Committees/Boards concerned with selection to Posts in Central Government.

Department of Personnel & Training has given instructions to the appointing authorities to scrupulously observe the following guidlines vide Memo dated 8.7.2009:-

(i) The composition of selection Committees should be representative. It should be mandatory to have one woman member in the Selection Boards/ Committees for making recruitment to· ten (10) or more vacancies and lady candidates are expected to be available for the service / Post.

(ii) Where the number of vacancies against which selection is to be made is less than 10, no efforts should be spared in finding a lady officer for inclusion in such Committees / Boards.

(iii) In the event of such an officer not being available in the Ministry / Department itself, there is no objection to nominating lady officer from any other office at the same station.

(iv) Wide Publicity should be given tOt all appointments in Government, Advertisements should be issued in the language (s) spoken by large number of people of the State/UTs, apart from English and Hindi. Further, for Group'C' level Posts, having only basic qualifying requirements, information about vacancies for recruitment should also be disseminated through schools and colleges in that area, in addition to normal channels.

Source : Department of Personnel & Training Memo No 35021/2/2009-Estt(C) dated 8.7.2009

Special Provisions in the Rules and Regulations for the benefit of women employees - need to increase the representation of women in the Central Govt.

Department of Personnel Training has given detailed information about the special provisions extended to the women employees in Central Government Jobs as follows vide Memo dated 8.7.2009:-

Maternity Benefits

A female Govt. employee with less than two survlvmg children is grantedMaternity Leave for 180 days. In continuation of the maternity leave a femaleGovt. servant can also take any leave due and admissible for a period of twoyears. In case of miscarriage including abortion, the female employee isentitled to leave not exceeding 45 days* during entire service. (O.M.No.13018j2j08-Estt.(L) dated 11.9.2008 & *Notification No.13018j7 j94-Estt.(L) dated 31.3.1995).

Child Care Leave

The women employees having minor children and who have exhausted earnedleave are granted child care leave (admissible in different spells) for amaximum period of two yrs. (i.e. 730 days) during their entire service fortaking care of up to two children whether for rearing or to look after any oftheir needs like examination, sickness etc. In continu'ation of the Child Careleave, a female Govt. servant can also take any leave due and admissiblefor a period of one year. (0.M.No.13018j2j2008-Estt.(L)dated 11.9.2008, 29.09.2008 & 18.11.2008)

Child Adoption Leave

A female Govt. employee with less than two surviving children is granted onvalid adoption of a child below the age of one year Child Adoption Leave for aperiod of 135 days. In continuation of the Child Adoption leave a female Govt.servant can also take any leave due & admissible for a period of one year.(0. M. No.13018j4j2004-Estt. (L)dated 31.3.2006)

Special allowance to women with disability

Women employees with disabilities are paid Rs.I000j- p.m. as SpecialAllowance for child care. The allowance is payable from the time of the childbirth till the child is two yrs. old for a maximum of two children. (O.M.No.12011j04-Estt.AL) dated 11.9.2008)

Guidelines for provision of creche facility

The Govt. of India has set up day care centresj creches in Offices or majorresidential areas of the employees as a welfare measure.

Posting of husband &wife at the same station .

The Govt of India has issued detailed instructions to its offices to ensure theposting of the husband and wife at the same station so as to enable them tolead a normal family life and to ensure the education and welfare of theirchildren (O.M.No.28034j2j27-Estt-A dated 3.4.1986 & 12.6.1997.To facilitate posting of couples in the same station, it has been approved thatin case of a woman officer,whose husband is posted under the Govt. of India,the 'cooling off period may be waived up to six months so that she may get aposting at the station where her husband is posted.

Special priority for working women in allotment of residential accommodation.

The Directorate of Estates maintains a separate pool for the married/ singlewomen in Govt. house allotment.

Provision for protection of women as kept in CCS Conduct Rules, 1964.

Rule 3.3(C) of the Central Civil Services (Conduct) Rules 1964 explicitlyprohibits acts of sexual harassment of any women at her work place. For thispurpose, "Sexual Harassment" includes such unwelcome sexually determinedbehaviour, whether directly or otherwise, as

(a)physical contact and advances,

(b) demand or request for sexual favours,

(c) sexually coloured remarks,

(d)showing any pornography or

(e)any other unwelco~e physical, verbal or nonverbalconduct of a sexual nature.

The guidelines issued under the said Conduct Rules vide DOPT's O.M.No.ll013/10/97-Estt.(A) dated 13.2.1998 provide for creation of anappropriate complaint mechanism in every organisation for redressal of thecomplaints made by the victims. In terms of DOPT's O.M. No.ll013/10/97-Estt.(A) dated 13.7.1999 and O.M No.ll013/11/2001-Estt.(A) dated22.7.2003, a complaint committee should be headed by an officer sufficientlyhigher in rank than that of the complainant. As per sub-rule(2) of rule 14 ofthe Central Civil Services (Clarification, Control and Appeal) Rules, 1965 andthe instructions issued vide DOPT's O.M. No.ll013/11/2001-Estt.(A) dated4.8.2005, the report of the complaints committee shall be deemed to be aninquiry report.

Rule 13-A of the said rules says, no Government servant shall -

(a) Give or take or abet the giving or taking of dowry.

(b) Demand directly or indirectly, from the parent or guardian of a bride bridegroom, as the case may, any dowry.

Age Relaxation for appointment

Widows,divorced woman and woman judicially separated from their husbandsand who are not remarried are allowed age concession up to the age of 35years (40 years for member of SCs/STs) for posts of Group C&Dfiled throughSSC/Employment Exchange (O.M.No.15012/6/98-Estt.(D) dated 21.12.1998)

Special dispensation for women officers of North East Cadre.

All India Service lady officers borne on the North East Cadres may be allowedto go on inter cadre deputation after completion of six years of actual servicein the North East. Such lady officerswould also be eligible for deputation for amaximum of 9 years instead of five years. The lady officers would have theflexibility to utilize the maximum allowable period of inter cadre deputation intwo spells instead of one. (O.M.No.13017j 16j2003-AIS (1)dated 11.7.2006)In case of marriage between an All India Services lady officer borne on theNorth East Cadre and an officer of another Cadre, the lady officer would bemandatorily accommodated in the cadre of her spouse, if she so opts.(O.M.No.13017j 16j2003-AIS (1) dated 10.7.2006)

Change of Cadre in case of marriage of All India Service Officer

Inter cadre transfer is permitted for members of All India Service officers onmarriage to another member of All India Service where the officer or officersconcerned have sought a change. (O.M.No.13017j16j2003-AIS(1) dated8.11.2004).

Source: Department of Personnel & Training Memo No 13018/4/2009-Estt.(L) dated 8.7.2009