91 Hon'ble Supreme Court in Civil Apeal NO. 2482 of 2014 forwarded by Ministry of Health and Family Welfare, an Internal Complaints Committee (ICC) as per provision of PoSH Act has already been formed

C-19020/03/2023-D
:li'RC1 ~/Government of India
~ ~ qftcrn- ~ ~/Ministry of Health and Family Welfare
~ 00 Ji$I~~~~/DirectorateGeneral of Health Services
~ ~ ~ ~4('t{OI ~/Central Drugs Standard Control Organisation (HQ)
FDA Bhawan, Kotla Road/~:l1cl"01,~ Us, New Delhi-110002/01$" ~-110002, Dated 2SAugust , 2023. CIRCULAR In compliance of directions, of Hon'ble Supreme Court in Civil Appeal No. 2482 of 2014 (Para-77), forwarded by Ministry of Health & Family Welfare, the CDSCO(HQ), an Internal Complaints Committee (ICC) as per provision of PoSH Act has already been formed by CDSCO(HQ). 2. The name of the ICC members and their contact details as follows: I.
Dr. Sunita Mondal, Director Professor of Physiology - Chairperson LHMC, New Delhi E-mail ID:dr_sunitam@yahoo.co.in Contact No: 9312363298 II. Dr. Gowri N Sengupta, Director, CHEB

Member E-mail ID: dir.cheb@nic.in Contact No:9213176891 III. Dr. Manas Pratim Roy, ADG, Dte.GHS

Member E-mail ID:manas.pratimroy@gov.in Contact 1\10: 9871073375 IV. Ms. Pritha Ghosh, Dy. Director, FSSAI(HQ)

Member E-Mail ID: pritha@fssai.gov.in Contact No: 9830660056 V. Sh. Pawan Kumar, DDA(D), CDSCO(HQ)

Member Secretary E-Mail ID:pawank.doc@nic.in Contact No: 9871149697 3. Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee within a period of three months from the date ofincident and in case of a series of incidents, within a period of three months from the date of incident and the same may be sent by email at pawank.doc@nic.in or by post to Shri Pawan Kumar, Deputy Director (Admin) & Member Secretary (ICC), Central Drugs Standard Control Organisation, FDA Bhawan, Kotla Road, New Delhi-ll0002. 4. A copy of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 for guidance to ICC Members about examining and further action on complaints of Sexual Harassment at Workplace is attached as Annexure-I. 5. This organization is also conducting tra ining programmes / seminars from time to time to upskill members of ICC and to educate woman employees. Recently one day training programme on (Prevention, Prohibition and Redressal) Act, 2013 was held in Central Health Educatio n Bureau on 23.08.2023 (Annexure-II). Any woman employee who wants to participate in such awareness programme may contact the undersigned for nomination for the same. To All Employees through website of CDSCO

File No. C-19020/03/2023-D (Computer No. 8234416) , 32S'4849l2023/CDSCQ-(HQ) ", l:ftnil ~. ~. !l'f'L--(v;:!')04/000712003--t3 REWSTEREl> :so. DI. ··tN!04/1l007l200J.--lJ ~- . Cfi1 _. ~he ~a~ette ofglnc{ia 3ffiItrnVI EX"RAORD~ARY 'WI 11- ~ I PART II - Section I ~"U~ PUBLISHED BY AUllIORfrY "fio 18\ . ~~. ~, ~ 23, 20131 ~ 3, 1935 (~) ~o. 181 ;'iEW DELHI. TUJt:SDAY, APRil. 23, 2013/ VAISAKHA 3, 1935 (SAKA) _ : • ••• •• 0 _ 0 _ . • _0 ' __ •• •• ~ . •• ~-..... ~ - " ,. _

~ 'lfI1 if m "TO W&u eft ~ t ~ fct; ~ 3ffi11 ~ ~ ~ if "&T ;;n-~ I 'ScpnrAtc pagillg is given to this Part in order that it may be filed as a separate compllatlon, . .

• ---.._ .__..--..----- '. . ---.----- _ . .-. ~ • ••• • •• _ . . . .. ...- _ •• 4 _ •• • _ " . • 0 • • • MINISTRY OF IJAWANDJUSTICE (LegislativeDepartment) Nf!W Delhi. the 23rd April, 20) 3/ Vaisakha 3, J935 (S{lka) The following Act of Parliament rece ived the assent 0 f the President on the 22n.dApril, 2013,and isherebypublishedfor general infonnation:·-­ . - THE SEXUALHARASSMENT OF WOMENATWORKPLACE
  (PREVENTION, PROT IIBITTON ANDREDRESSAL) ACT, 2013
  (No. 14 OF 2013)
  [221/(1 April. 2013.] AnAct10 provide protection against sexual harassmentofwomcn at workplace andfortheprevention andredrcssal ofcomplaints of'scxualharassment and for matters connected therewith or incidental thereto. WIIERI.AS sexual harassmentresults in violation of the fundamental rights ora woman 10 equality under articles I" and 15of theConstitutionof Indialindher rightto lifeand to live with dignity under article 21 of the Constitution and right to practice IIny profession or 10 carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment; Axn WHEREAS the protection against sexual harassment arid the right to work with dignity arc universallyrecognisedhumanrights by internationalconventionsand instruments such as Conventionon the Eliminationofall Forms ofDiscriminationagainst Women, which has been ratified on the 25th June, 1993by the Government of India; 1\ :-;11 WII I'.RI:AS it i~ expedientto makeprovisions lor giving effect 10 thesaid Convention for protection of women against sexual harassment at workplace. Generated from eOffice by SHAKTI SINGH. Section Officer (SS)-CDSCO. SECTION OFFICER. DGHS DEPARTMENT on 24/0812023 02:49 PM

' File No. C-19020/03/2023-D (Computer No. 8234416) 325484912023/CDSCO-(HQ) I 2 TilE GAZETTEOF [~D[A EXTRAOROl:"lARY IPAin II ­ ._ .''::.:':.-.-===.-:::'''-.:.:"'::':-:==4='.=:-::::=:=::::..:::.: ::~-.-=::-..::.'=::.:.=~:..: __:::=::=:':"::': ': . :.:~ ==. UE itenacted byParliament intheSixty-fourth Year ofthe Republic oflndiaas fbllows.»­ CIIAPTERI PRELI~INARY Short title. 1.(I) ThisActmaybecalledtheSexualHarassment of Women at Workplace (Prevention,

cxlcfll-and--Prohibitionand RcdressalrAct;2013. --- ­ commencement (2) It extendsto Hie whole of India. (1) II shallcome into forceonsuchdateasthe CentralGovernmentmay, bynotification intheOfficial Gazelle,appoint. .. Definiunns 2. In this Act, unless the context otherwise requires,-.. (0) "aggrieved woman" mcans­ (I) in relation to a workplace, 3 woman,of any age whether employedor not, whu alleges to have been subjected to any act of sexual harassment by the respondent; (il) in relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house; (b) "appropriate Government" means-· (i) in relation to a workplace which is established, owned, controlled or whollyor substantiallyfinancedby funds provided directly or indirectly : (A) bytheCentralGovernment or theUnionterritoryadministration, the CentralGovernment; (8) by the State Government, the St~te Government; (ii) in relation to any workplace not covered under sub-clause (i) and fallingwithin itsterritory,the StateGovernment; (c) "Chairperson" means the Chairperson of the Local Complaints Committee nominated under sub-section (I) .of section 7; . (d) "District Officer" meansan officernotifiedunder section 5; (e) "domestic worker" means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or throughany agency on a temporary, permanent, part timeor full time basis, hut does not includeany memberof the familyof the employer; (f) "employee"meansa personemployedat aworkplacefor anyworkon regular. temporary, ad hoc or daily wagebasis.either directlyor throughan agent, includinga contractor, with or, withotit the knowledge of the principal employer, whether for remuneration or not, or workingon a voluntarybasisor otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name; (g) "employer" mcans-i­ (i) inrelationtoanydepartment, organisation, undertaking..establishment, enterprise, institution, office, branchor unitof the appropriate Governmentor a local authority. the head of that department , organisation, undertaking , establishment.enterprise, institution, office, branchor unitor suchother officer as the: appropriateGovernmentorthe localauthority, as the casemay be.mayby an order specify in this behalf; (ii) in any workplace not covered under sub-clause (i), any person responsible for the.management, supervision an~ control of the workplace. 2 Generated from eOffice by SHAKTI SINGH. Section Offi cer (SS)-CDSCO. SECTION OFFICER. DGHS DEPARTMENT on 24 / 08 1202 3 02:49 PM

File No. C-19020/03/2023':0 (Computer No. 8234416) 32S4849/2023/CDSCO-(HQ) SEC. II TJ IEGAZEITE OF j~DIA EXTRAORDli'jARY 3 f;xplanation.--·For the purposes of this sub-clause "management" includes the person or board or committec responsible for formulation and administration of polices for such organisation: (iii) in relanon 10 workplace covered under sub-clauses (;) and (ii). the persondischargingcontractualobligationswith respectto hisor heremployees; (iv) in-rclatiolfto-a-dweHingplaeeornouse, a person or a household who employsorbenefitsfromtheemployment ofdomesticworker. irrespective ofthe number. time period or type of such worker employed, or the nature of the employment or activitiesperformedby the domestic worker; (h) "InternalCommittee"meansan InternalComplaintsCommittee constituted under section 4; (I) "LocalCommittee' "leans the Local Complaints Committeeconstituted under section 6; V) "Member" meansa Memberofthc Internal Committee orthe Local Committee, as the case maybe; (k) "prescribed" meansprescribed by rules made under this Act; (l) "PresidingOfficer" meansthe PresidingOfficer of the Internal Complaints Committee nominated under sub-section (2) ofseetion 4; (m) "respondent" means a personagainstwhomthe aggrievedwomanhasmade u complaint undersection 9; (n) "sexual harassment" includes anyone or more of the following unwelcome actsor behaviour(whetherdirectlyor by implication) namely:­ (i) physical contact and advances; or
(il) a demand or request forsexual favours; or
(iii) makingsexuallycolouredremarks;or (iv) showing pornography; or (v) anyotherunwelcome physical, verbalor non-verbal conductofsexual nature; (0) "workplace"includes- .­ (/) anydepartment.organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or whollyorsubstantially financed by funds provideddirectlyor indirectlyby the appropriate Government or the local authorityor a Government company or a corporation or a co-operativesociety; . (il) any private sector organisation or a private venture. undertaking, enterprise, institution. establishment. society, trust, non-governmental organisation, unit or service provider carrying on commercial. professional. vocational, educational, entcrtainrnental, industrial,healthservicesor financial activitiesincludingproduction.supply. sale. distributionor service; (iii) hospitals or nursing homes; (iv) anysports institute, stadium, sports complexor competitionor games venue, whether residential or not used for training, sports or other activities relating thereto: (v) anyplacevisitedbythe employee arisingout of or duringthecourseof employment including transportation provided hytheemployer for undertaking such [ourney: 3 Generated from eOffice by SHAKTI SINGH, Section Officer (SS)-CDSCO, SECTION OFFICER, DGHS DEPARTMENT on 24/08/2023 02:49 PM

, , File No. C-19020/03/2023-D (Computer No. 8234416) 3254849 (202 3/CDSCO-(HQ) Prcvennon lIf sexual "ar~S5I11Cnl Constitution or hucrnal Compla ints Comm ittee . ·1 HIE GAZErn: OFI;\DIAEXTRAORDlNARY [PI\RT II· o • • • • • ::• • • .. -:-:-- .::-. :~". -

; - -":'::.7 .-"- -.=::-::::=::.--:.-=.:....::-::==:: ~.:: =: ~ :: :::7.:..: ~:-:::..-: .:-:- :~~: ::-: . (VI) a dwelling place or a house; (P) "unorganised sector" in relation to a workplace means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of ~uch workcis is.Jess than ten. 3. (J) :-':0 woman shali be subjected to sexual harassment at any workplace. (2) The following circumstances, among other circumstances, if it occurs or is perscnt In relauon 10 or connected with any act ur behaviour of sexual harassment may amount to sexual harassHlent·-­ (i) impliedor explicitpromiseofpreferential treatment in her employment;or (in implledor explicitthreatofdetrimental treatment in her 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 workenvironment for her;or (v) humiliating treatmentlikelyto affect her health or safety. CHAPTER" CONSTITUTION 01' ):\TERNAL COMl'LAlNTS COMMllll!!! 4.(I) Evcryemployerofaworkplaceshall,byar order inwriting,constitutea Committee to be knownas the "lntemal ComplaintsCommittee": Provided thatwhere theoffices or administrative units ofthe workplace arc located at differcn! placesor divi~iOIii." orsub-divisional level,the Internal Committeeshall beconstituted at all administrative units oruflices. (2) TheInternal Committeeshallconsist ofthe followingmembers to be nominatedhy the employer.namely:"-.. (a) a Presiding'(1fficer'who 'shall be I; woman employed at li senior level at workplace from amongst the employees: . Provided that in case a senior level woman employee is not available, thc PresidingOfficer shall be nominated fromother offices or administrative units of the workplace referred 10insub-section (I): Provided further Ihal in case the other offices or administrative units of the workplace do nOI have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the slime employer or other department or organisation; (6) not less than two Members from amongst employees preferably commined to the cause of women or who have had experience in social work or have legal knowledge; (c) one member from amongst non-governmental organisations or asscciations committed tothe cause ofwomenor a person familiarwith the issues relatingto sexual harassment: Providedthatat leastone-halfofthe total Membersso nominatedshall be women, (J) The PresidingOfficerandeveryMemberofthc Internal Committeeshallhold office tor such period, not exceeding three years, from the date of their nomination as muy be specified by the employer. (·/) I'he Member appointed from amongst the non-governmental organisations or associations shall be paid suchfeesor allowances for holding the proceedings of rhe Internal Comrn iuec, bythe employer. as maybe prescribed, 4 Generated from eOffice by SHAKTI SINGH, Sect ion Officer (SS)-CDSCO. SECfION OFFICER, DGHS DEPARTMENT on 24/08"/2023 02:49 PM

File 32S-4849 /2023/CDSCO-(HQ) No. C-19020/03/2023-D (Computer No. 8234416) , '-' SIT I] THEGAZETTE OF I:\D1AEXTRAORDINARY 5 (5) Where the Presiding Officer or any Member ofthe Internal Committee,--, (a) contravenes the provisions of section 16; or (/I) has beenconvicted for an offenceor an inquiry into an offer-eeunderany law
lor the lime being'in force ispending against him; or
..(c) he has been found guilty in-any disciplinary proceedings or a disciplinary
proceeding is pending against him; or
(el) has so abused his position as to render his continuance in office prejudicial
to the public interest,
such Presiding Officer or Member, as the case may be, shall be removed from the Committee lind the vacancy so created or any casual vacancy shall be filled by fresfi nomination in accordance with the provisions of this section, CHAPTER III CONSTITUTION01' I.oCAl CO~PI.AINTSCOMMITTEE 5. The appropriate Government may notify a District Magistrate or Additional District ~ollFicalion Magistrate or the Collector or Deputy Collector as a District Officer -for every District to of District
Officer.
exercise powers or discharge functions under this Act. 6. (I) Every DistrictOfficer shall constitute in the district concerned, a committee to be Constitution known as the "Local Complaints Committee" to receive complaints of sexual harassment and jurisdiction of (rom establishments where the Internal Complaints Committee has not been constituted due Local 10 huving lessthan ten workers or if the complaint is-againstthc employer himself, . Complaints Commluec (2) The District Officer shall designate one nodal officer in every block, taluka and tchsil in rural or tribal arealind ward or municipality in the urban area, to receivecomplaints and forward the same to the concerned Local Complaints Committee within a period of seven days. (3) Thejurisdiction ofthe Local ComplaintsCommittee shallextend to the areas of the district where it is constituted. 7. (I) The Local Complaints Committee shall consist ofthe following members to be COmpOSJlIOn, tenure and nominated bythe DistrictOfficer, namely. -, other terms (a) a Chairperson to be nominated from amongst the eminent women in the field and conditions of Local of social work and committed to the cause of women; Complaints Commiuee (b) one Member to be nominated from amongst the women working in block,
taluka or tchsil or ward or municipality in the district;
(c) two Members, ofwhom at least one shall be a woman, 10 be nominated from
amongst such non-governmental organisations or associations committed to the cause
of women or a person familiar with the issues relating to sexual harassment, which may
he prescribed:
Provided thatat least one ofthe nomineesshould, preferably,have a background
in luwor legal knowledge:
Provided furtherthat at least oneof the nominees shall be a woman belonging to
the Scheduled Castes or the Sl:heduled Tribes or the Other Backward Classes or
minoritycommunitynotified by the Central Government, from time to time;
(d) the conccmed officer dealing with the social welfare or women and child
development in the district, shall be a member ex officio.
(2) The Chairperson and every Member of the Local Committee shall hold office for such period, not exceedingthree years, from the date oftheirappointment as may bespecified by the District Officer, 5 Generated from eOffice by SHAKTI SINGH, Sect ion Officer (SS):CDSCO, SECTION OFFICER, DGHS DEPARTMENT on 24/08/2023 02:49 PM

File No. C-19020103/2023-D (Computer No. 8234416) 3254849/.2023 /CDSCO-(HQ) TilE GAZETI'E 0"- I~D1A EXTRAORDI~ARY GrRIllS and autlil Complain! of sexual . harassment (1) Where theChairpersonor any Memberof the LocalComplaints Committee-.­ (u) contravenes the ~rovis.ion~ of section 16; or . (b) haspeen c~~vi cted forlinoffenceoran inquiryintoan offence underany law for the lime being in force is pending against him; or (c) has been found guilty in any ifisciplinary proceedings or a disciplinary proceeding is pending against him; or (d) has so abused his position as to render his continuance in office prejudicial III the public interest, suchChairperson or Member, as thecasemaybe, shall be removed fromthe Committeeand thevacancyso createdor anycasualvacancy shall befilledby fresh nomination inaccordance with the provisions of this section, (4) The Chairperson and Members of the Local Committee other than the Members nominated under clauses (b) and (d) of sub-section (I) shall be entitled to such fees or allowances for holding the proceedings of the Local Committec·as may be prescribed. 8. (I) The CentralGovernment may, afterdueappropriationmadeby Parliament by law in this behalf, make to the State Government grants ofsuch sums of money as the Central Governmentmaythink fit,forbeingutilisedforthe paymentoffecs orallowancesreferredto in sub-section (4) orsection 7. (1) The State Government may set up an agency and transfer the grants made under sub-section (/) to that agency. (3) The agency shall pay to,the District Officer, SIlCQ. sums as may be required for the paymcntof fees or allowancesreferredto insub-section (4) of section 7. (4) The accounts of the agency referred 1"0 in sub-section (2) shall be maintained and audited in such manner as'may:iri consultation With the Accountant General of the State, be prescribed and the person holding the custody of thc accounts of the agency shall furnish, totheState Government,beforesuchdate,as maybe prescribed, its auditedcopyofaccounts together with auditors' report thereon. CHAPTER IV COMI'l.AI:-iT 9. (I)Anyaggrieved woman maymake,inwriting.a complaintofsexualharassment at workplacetothe InternalCommittee ifso constituted. or the LocalCommittee, in caseit isnot so constituted. within a period of three months from the date of incident and in case of a series of incidents, withina period of three months from the date of last incident: Providedthatwheresuchcomplaint cannotbemade.inwriting,thePresidingOfliccror . any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for makingthe complaintin writing: Provided further thatthe Internal Committee or,as thee35C maybe,the Local Committee may. for the reasons to he recorded in writing, extend the time limit not exceeding three months, ifit is satisfied that thecircumstances were such which prevented thc woman from filing" complaint withinthesaidperiod. (2) Where the aggrieved woman is unable to make a' complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as maybc prescribed maymakea complaintunder this section. 10.(I) TheInternalCommittee ~r, asthecase mayhe,theLocalCommittee, may. before initiatingan inquiry undersection 11 and at tltc request (If the aggrieved woman lake steps 10 settle the matter between her and the respondent through .conciliaiio'n: 6 l"IlIlClliallOn Generated from eOffice by SHAKTI SINGH. Section Officer (SS)-CDSCO. SECTION OFFICER, DGHS DEPARTMENT on 24/0812023 02:49 PM

File No. C-19020/03/2023-D (Computer No. 8234416) 3254849/Z023/CDSCO.,(HQ) ·15 01 1860. 45 IIf IR60. 5 of 1908 SEL I J THEGALEITEOF I:"DIA EXTRAORD1~ARY 7 Provided that no monetary settlementshall be made as a basis of conciliation. (2) Wherea settlement has beenarrivedalunder sub-sr..ction (I), the Internal Committee or the Local Committee.,as the case may be, shall r~cord the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in the recommendation. . (3) The InternalCommittee or the LocalCommittee, as the case may be. shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved womanand the respondent. (4) Where a settlement is arrived at under sub-section (I), no further inquiryshall be conducted by the Internal Committeeor the LocalCommittee, as the case may be. 11. (I) Subject to the provisions of section 10, the Internal Committee or the Local Committee,as the casemay be, shall, where therespondent is anemployee. proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable tu the respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker. the LocalCommitteeshall. ifprimafacie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 91' the Indian Penal Code, and any other relevant provisions of the said Code where applicable: Inquiry complaint lOW Providedthat where the aggrieved woman informs the Internal Committeeor the Local Committee, us the case may.be, that any term or condition ofthe settlement arrived at under sub-section (.?) of section I0 has not been complied with by the respondent. the Internal Committeeor the l.ocal Committeeshall proceedto makean inquiry intothe complaintor. as the case may be, forward the complaint to the police: Provided further that where both the parties arc employees, the parties shall, during the course of inquiry, begiven an oppcrtunity ofbelngheardand l\ copy ofthe findingsshall be made available to both the parties enabling them to make representation against the findings before the Committee. (2) Notwithstanding anythingcontained in section 509of the Indian Penal Code, the court may, when the respondent is convictedof the offence, order payment of such sums as it may consider appropriate,to the aggrievedwomanby the respondent, havingregard to the provisions of section 15. ' . (1) For thepurposeof makingan inquiryundersub-section(/), the InternalCommittee . or the l.ocal Committee, as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1:908 when trying IS suit in respect of the following matters, namely:-­· (a) summoning and enforcingthe attendance ofany person and examininghim on oath; (b) requiring the discovery and production of documents; and (c) any other matter which may be prescribed. days. (4) The inquiry under sub-section (I) shall be completed within a period of ninety CHAPTERV I:-IQtJIRY rxro COMPLAINT 12. (J) Duringthe pendencyof an inquiry. on a written reCjuest made by the aggrieved Actiun d pendency ur inj; of woman,the InternalCommittee or the L.ocal Committee. as thecase maybe. may recommend inquiry to the employer to- , . (u) transferthe aggrieved woman or the respondent to any other workplace;or 7 Generated from eOffice by SHAKTI SINGH, Section Officer (SSJ-CDSCO, SECTION OFFICER. DGHS DEPARTMENT on 24/08/2023 02:49 PM

File No. C-19020/03/2023-0 (Computer No. 8234416) 3254849/202 3/CDSCO'-(HQ) l! TilE GAZETfE OF I:'-iDIA EXTRAORDI>.:ARY rPAIl'lII..· . ._ . ....:.:=:-..7 .: .~. ::'::' ::::::- .. ='-:'_ _ •• ",::.;:-:-.::.=-...:...:":::===..:::-: :'::::=:'-::::: :' : :'-"': -:"-_=.: ~- ' .". :':"-."':-::.:: (h) grant leave to the aggrieved woman up to a period of three months; or . ' . ". : ' . ' . ' . \ (e) grant such other relief to the aggrieved woman as may he prescribed. (2) The leavegranted to the-aggrieved woman underthissection shall be in addition III the leave she would be otherwise entitled. _____(3) On the recommendationofthe Internal Committeeor the LocalCommittee;as the case may be, under sub-section (I), the employer shall implement the recommendations made under sub-section (I) and send the report of such implementation to the Internal Committeeor the LocalCommittee,as the case may be. lnquiry rcpon, 13.(I) On the completion of an inquiry under thisAct. the Internal Committee.or the Local Committee.as the case maybe, shallprovidea report ofitsfindingsto the employer,or as the casemay be,the DistrictOfficerwithina period often daysfrom the date of completion of the inquiry and such report be made available to the concerned parties. (2) Where the InternalCommitteeor the LocalCommittee,as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommendto the employer and the District Officerthat no action is required to be taken in the matter. (3) Where the InternalCommittee01' the LocalCommittee,as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may btl-· (i) to take action forsexual harassment 8S a misconduct in accordance withthe provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed; (il) to deduct, notwithstanding ~ryythir;g ill the service rules applicable to the respondent. from the salary or wages «ifthc respondent such sum as it may consider appropriateto bepaid to theaggrievedwomanor to herlegalheirs,as itmaydcterminc, inaccordance with the provisions ofsection 15: Providedthat in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman: Provided further that in case the respondent fails to pay the slim referred to in clause (ii), the Internal Committeeor, as the case may be, the Local Committee may forward the order for recoveryofthe sumas an arrearof landrevenueto the concerned District Officer, (4) The employeror theDistrict Officershallact upontherecommendat ionwithinsixty days of its receipt by him. 14. (I) Where the Internal Committee or the Local Committee, as the case may be. Punrshmern for false or arrivesata conclusionthat theallegationagainstthe respondentismaliciousor the aggrieved malicrous womanor any other person makingthe complaint has made the complaint knowing it to be complaint and false or the aggrieved woman or any other person making the complaint has produced any false evidence forgedor misleadingdocument.itmayrecommendtothe employeror the DistrictOfficer.as thecase may be, to take action againstthewomanor the personwho has made the complaint under sub-section (I) or sub-section (2) of section 9. as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed: Provided that a mere inability 10 substantiate a complaint or provide adequate proof need not attract actinn against the complalnant under this section: : .. . Providedfurther thatthemalicious intenton partofthe complainantshallbe established after an inquiry in accordance with the procedure prescribed . before any action is recommended. 8 Generated from eOffice by SHAKTI SINGH. Section Officer (SSl-CDSCO. SECTION OFFICER. DGHS DEPARTMENT on 24/0812023 02:49 PM

File No. C-19020/03/2023-D (Computer No. 8234416) 3254849i2023/CDSCO-(HQ) SL:. I J THE GAZETTE OF I:\DIA EXTRAORDINARY 9 (2) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleadingdocument, itmay recommend 10 the employer of the.witness or the District Officer, as the case may he, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist. in such manner as may be prescribed. 15. For the purpose of determining the sums to be paid to the aggrieved woman under clause (ii) of sub-section(3) of section 13. the Internal Committee or the LocalCommittee,as the case may be, shall have regard 10 ... Deternnnarion of compensation (a) the mental trauma, pain, suffering and emotional distress caused 10 the aggrieved woman; (b) the loss in the career opportunity due to the incident of sexual harassment; (c) medicalexpensesincurredby the victim tor physical or psychiatrictreatment: (dlthe income and financial statusof the respondent; (e) feasibility ofsuch payment in lump sum or in instalments. 22 of 2005 16. Notwithstanding anything contained in the Right to Information Act, 2005, the contents ofthe complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the casemay be,and theactiontaken by the employer or the Districi Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner: . Prohibition of publication or making known contents of complaint and inquiry proceedings. Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the agg~ieved woman and witnesses. . 17. Whcre any person entrusted with the duty to handle or deal with the complaint, inquir)' or any recommendations or action to be taken under the provisions of this Act, contravenes the provisions of section 16,heshall be liable for penalty inaccordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed. Penally fur publication or making known contents of complaint and inquiry proceedings 18: (I) Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub­ section (I) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrievedmay prefer an appeal in such manner as may be prescribed. Appeal (2) ·rhe appeal undersub-section (I) shall be -preferred within a period of ninety days ofthe recommendations. CHAPTER VI DunES OF E:Ii1PLOYl:R 19. Everyemployershall-­ (tl) provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace; I . Duties of cmnlover. (h) display at any conspicuous place in the workplace. the renal consequences of sexual harassments; and the order constituting. the Internal Committee under sub­ secuon (I) llfsectiun 4 ; 9 Generated from eOffice by SHAKTI SINGH, Section' Officer (SSl-CDSCO. SECTION OFFICER. DGHS DEPARTMENT on 24/0812023 02:49 PM

File No. C-19020/03/2023-0 (Computer No. 82~4416) 3254849/.202 3/CDSCO-(HQ) II) THE GAZETTE Or I'NDIA EXTRAORDl~ARY [PART 11- , .... ~ - -- .-_ _ ..--_ ._---- , .__ -­ (c) organise workshops and awareness progranunes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the ~ntemal Committee in the manner as may be prescribed; (d) providenecessaryfacilities to theInternal Committeeorthe LocalCommittee, as the case may be, fordealing withthe complaintand conducting an inquiry; Duties and powers or District OrfiCCI, C nrnmrttee to s ubmit annual report Empluycr III include informauun In annual report ApprOprtUl e (jovernmcnt to monitor ImpkrncntAlIon and mamtam dala Appropriate (i nvcrnmcnl III lake meaSulcS In publicl>( the Atl (e) assisCiilSeCiii-ing t ne attcnClance of responaent and-witnesses before the InternalCommitteeorthe LocalCommittee,as the case may be; (f) make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (I) of section 9; (g) provide assistance to the woman if she so chooses to tile a complaint in. relation to the offence under the Indian Penal Code or any other law for the time being It; o( 1860 in force; (h) cause to initiateaction, underthe IndianPenal Code or any other law for the 45 or 1860. time being in force, against the perpetrator,'or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place; (i) treat sexual harassment as a misconduct under the service rules and initiate
action for such misconduct;
<Jl monitorthe timelysubmissionof reports by theInternal Committee. CHAPTERVn DUTIES A:-ID POWERS OF DISTRICT OFFIC~R 20. The DistrictOfficershall,· , .. (u) monitor the timelysubmissionofreportsfurnlshed by the Local Committee; (h) take such measures as may be necessary for engaging non-governmental
organisations for creation of awareness on sexual harassment and the rights of the
women.
CHAP'mR VlIJ MISCEU.ANEOlIS . 21. (I) Thc Internal.Committeeor the LocalCommittee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer, (2) The DistrictOfficershallforward a briefreport on theannualreports receivedunder sub-section (1) to the State Government. 22. The employershall includein itsreport the number ofcases filed, ifany,and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepared, intimatesuch numberof cases, ifany, to the District Officer. 23. The appropriate Government shall monitor the implementation of this Act and maintaindata on the numberof cases filedand disposed ofin respect of all cases of-sexual harassmentat workplace. 24. l'hc appropriate Government may, subject to the availability offinancial and other resources; .. (a) develop relevant information, education, communicai ion arid training
materials, and organise awareness programmes, to advance the understanding of the
public of the provisionsof'this Actprovidingforprotection against sexual harassment
of woman at workplace,
10 Generated from eOffice by SHAKTI SINGH, Section Off icer (SS)-CDSCO, SECTION OFFICER, DGHS DEPARTMENT on 24 / 08 / 20 23 02:49 PM

File No. C-19020/03/2023-0 (Computer No. 8234416) 32548491.2023/CD5CO-(HQ) SEC. IJ _ THE GAZEITE OF 1~D1A EXTRAOROI:\ARY II :':': .~.:: .::.:::::..:..:..::-:-:=::-:-::':-'::=::::'-:-"'::':.'. -.-:.:.:-::.-:.:: :::: ::.:.:::::: ::~--==;:-.: ~~-:':-:.:.:' :. :- '. :. ..:. " .:'. ': ~ ' :'= ::'= (h) formulate orientation and trainingprogrammes for the membersof theLocal Complaints Committee. . 25. (I) The appropriate Government, on being satisfied that it is necessary in the public interest or in the interest of women employees 'at a workplace to do so, by order in writing.--­ (a) callupon anyemployer or District Officerto furnish inwritingsuchinformation relatingto sexualharassmentas it may.require: (b) authorise any officer to make inspection of the records and workplace in relationto sexualharassment, whoshallsubmita reportof such inspection to it within such period as maybe specified inthe order. -­ (2) Every employerand DistrictOfficershall produce on demand before the officer makingthe inspectionall information, recordsand other documents in his custodyhavinga hearing on the subject matterofsuch inspection. 26. (I) Wheretheemployerfailsto--­ (a) constitute an Internal Committee undersub-section (1) of section4; . (h) takeactionundersections 13. 14 and 22; and (c) contravenes .or attempts to .contravene or abets contravention of other provisionsoftilisAct or any rules made thereunder, he shall be punishablewith fi~.e whichmayextend to fifty thousand rupees. (l)lf any employer, after havingbeenpreviously convicted of an offencepunishable underthisAct subsequently commitsand isconvictedofthe same offence,he shallbe liable to·_·· (i) twicethepunishment, which mighthave been imposed on a firstconviction, subject to the punishment beingmaximum providedfor the same offence: Providedthat incase a higherpunishment is prescribed underany other lawfor the time being in force. forthe offenceforwhichthe accused is beingprosecuted, the court shall take due cognizance of the same while awarding the punishment: (ii) cancellation, of his licenceor withdrawal, or non-renewal, or approval, or cancellation oftheregistration, asthecasemaybe, bytheGovernment or local authority required for carryingon his businessor activity. 27. (1) Nocourtshalltake cognizance ol'any offencepunishableunderthisActorany rules made thereunder. save Oil a complaint made by the aggrieved woman or any person authorisedbythe Internal Committee or Local Committee inthis behalf. (2) No court inferiorto that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (3) Every offenceunderthisAct shall be non-cognizable. 28. The provisions of this Act shall be in addition to and not in derogation of the provisionsofany other lawfor the timebeingin force. 29. (I) TheCentral Government may, bynotification intheOfficial Gazelle, make rules for carrying out the provisions of this Act, (2) In particularand without prejudiceto the generalityol'thc foregoing power, such rules mayprovide forallor anyof the following matters, namely:- . (u) the fees or allowances to be paid to the Members under sub-section (./) of section 4; (h) nomination 'of members underclause(c) of sub-section (I) of section 7: (c) thc fees or allowances 10 be paid to the Chairperson. and Members under sub-section (·1) of-section 7: Power til CHII for information and inspection of records Penalty for non ­ compliance with provisions of Ae] . Cognizance of offence by courts I"t not in derogation of . any other law. Power of appropriare Government (0 make rules. 11 . ­ Generated from eOffice by SHAKTI SINGH, Section Officer (SSl-CDSCO. SECTION OFFICER, DGHS DEPARTMENT on 24/0812023 02 :49 PM

File No. C-19020/03/2023-D (Computer No. 8234416) 325484912023/CDSCO-(HQ) ,. .
12 HIEfji\ZETTEOFI;\D!i\EXTRAORDfNARY \PA,ull .. 0.--- :::: ::~ ~.:: , ....:::-=::::-:;:. :-~.:.: :',: ::"':.'.:',.:::::.-:'::=:::=-":=.::-::::==:::::::.: ":'=.::.•~:~ '";'.=:-::':- ::..~:::: .7~:: (d) the person who may make complaint under sub-section (2) of section 9~ (e) the manner of inquiry under sub-section (I) of section I I; (f) the powers fin making an inquiry under clause (c) of sub-section (2) of section 1,;

---

(g) thereliefto berecommended underclause(c) of sub-section (I) of section 12; (h) the manner of action to be taken under clause (i) of sub-section (3) of section 13; (i) the manner ofaction to be taken under sub-sections (I) and (2) of section 1'1; . (j) the manner ofaction to he taken under section 17; (k) the manner of appeal under sub-section (I) of section 18; (f) the manner of organisingworkshops, awareness programmes for sensitising theemployeesand orientation programmesforthe members ofthe InternalCommittee under clause (c) of section 19; and (m) the formandtime tor preparationofannualreportby InternalCommitteeand the Local Committee under sub-section (1) of section 21.· . . , (3) Every rule made bythe Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thlny days which may he comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; 50, however, that any such modificationor annulmentshall be without prejudice to the validity of anything previously done under that rule. (4) Any rule made under sub-section (4) ofsection g by the State Government shall be laid. 8S soon as may be after it is made, before each Houseof the State Legislaturewhere it consists of two Houses, or where such Legislature consists of one House, before that House. I'ower to 30. (I) Ifany difficulty arises in giving effect to the provisions ofthis Act, the Central remove Government may, by order published in the Official Gazelle, make such provisions, not . difficulucs inconsistentwith the provisionsof this Act,as mayappear to it to be necessary for removing thedifficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from thecommencement of this Act. (1) Everyordermade under thissectionshall be laid,as soon as may be after it is made, before each House of Parliament. ­ P.K. MALHOTRA, Secy. tv the Govt. of India CORRIGEl'[)A THE PREVE:-\TIO, Or: MO:" I=:Y-lAU~DERJNG(AME~D:vlE~T)ACT.2012 (20f2013) At page 18. in line ?''/or''Arts''. read rXr:", AI page 21. in line 14.[or "Protection". relld··(Protection)". 12 Generated from eOffice by SHAKTI SINGH. Section Officer (SS)-CDSCO. SECTION OFFICER. DGHS DEPARTMENT on 24/0812023 02:49 PM

File No. C-19020/03/2023-0 (Computer No. 8234416) ( 32~484912023/CDSCO-(HQ) SEC. I] THE GAZEITEOF INDIA EXTRAORDINARY . 13
OORRIGENDUM
THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENTACT 2012 . . . (30f2013)
At pag=-6. inline22./or"clausc", read..clausc·~.._
CORlUGENDUM
THE BANKING LAWS (A ~END ~ENT) ACT.2012
(40f2013)
Atpage8. inline29,for •sections 30".· read 'section30....'.
OORRIGENDUM THEAPPROPRlA'HON ACT. 2013 (90f2013) At page 1, in the marginal heading to section 2, for "4715,54,00,000", read"49715.54,OO.000". GMGIPMRND-354GI(S4)-2~2013. 13 Generated from eOffi ce by SHAKTI SINGH. Section Officer (SS)-CDSCO. SECTION OFFICER. DGHS DEPARTMENT on 24 /081202 3 02:49 PM