All NotesCriminal LawSexual Harassment of Women at Workplace Act, 2013

Sexual Harassment of Women at Workplace Act, 2013

POSH Rules 2013: Rule by Rule Guide

The Central Government framed the POSH Rules under section 29, and they took effect on publication in the Official Gazette in December 2013. Wherever the Act says 'as may be prescribed', the Rules supply the detail: fees for committee members, who can complain for a woman, how the inquiry runs, interim relief, penalties, appeal and the annual report. This note covers all fourteen rules, mapped to the Act.

1. The Rules Mapped to the Act

Fourteen rules and their parent sections

Figure 1: Fourteen rules and their parent sections

2. Committee Members: Rules 3 to 5

  • Rule 3. The NGO member of the Internal Committee receives Rs 200 per day for attending proceedings, plus travel at the lower of actual cost or the prescribed fares, paid by the employer.
  • Rule 4. A person familiar with issues relating to sexual harassment includes a social worker with at least five years' experience in women's empowerment, particularly workplace sexual harassment, or a person familiar with labour, service, civil or criminal law.
  • Rule 5. The Local Committee Chairperson receives Rs 250 per day and other members, except those nominated under s.7(1)(b) and (d), Rs 200 per day, plus travel, paid by the District Officer.

3. Complaint and Inquiry: Rules 6 and 7

  • Rule 6. Where the woman cannot complain, the complaint may be made, depending on her situation, by a relative or friend, co-worker, women's commission officer, special educator, psychiatrist or psychologist, guardian, or any person who knows of the incident, usually with her written consent or that of her legal heir (Topic 9)
  • Rule 7. Six copies of the complaint; copy to the respondent within seven working days; reply within ten working days; natural justice; ex parte or termination after three missed hearings and fifteen days' notice; no legal practitioners; quorum of three including the Presiding Officer or Chairperson (Topic 11)

4. Relief, Action and Appeal: Rules 8 to 12

  • Rule 8. Interim relief: restraining the respondent from reporting on her work or writing her confidential report, or from supervising her academic activity (Topic 13)
  • Rule 9. Where service rules do not apply: written apology, warning, reprimand or censure; withholding of promotion, pay rise or increments; termination; counselling; or community service (Topic 14)
  • Rule 10. The Rule 9 actions apply to a malicious or false complaint or a forged or misleading document (Topic 15)
  • Rule 11. Appeal against recommendations under ss.13, 14 and 17, or their non-implementation, to the appellate authority notified under s.2(a) of the Industrial Employment (Standing Orders) Act, 1946 (Topic 18)
  • Rule 12. The employer recovers Rs 5,000 from a person who breaches s.16 (Topic 17)

5. Prevention and Reporting: Rules 13 and 14

  • Rule 13. The employer frames and disseminates an internal policy, holds orientation and awareness programmes, builds members' capacity, declares members' names and contact details, and uses State Government modules (Topic 19)
  • Rule 14. The annual report states complaints received, disposed of, and pending for more than ninety days, workshops held, and the nature of action taken (Topic 21)

6. Numbers to Remember

Figures from the Rules

Figure 2: Figures from the Rules

⚠ Exam trap

Rs 200 per day is paid to the Internal Committee's NGO member by the employer (Rule 3) and to Local Committee members by the District Officer (Rule 5), whose Chairperson gets Rs 250. Rule 4 asks for five years' experience. Rule 7 gives six copies, seven and ten working days, three missed hearings plus fifteen days' notice, no lawyers and a quorum of three. Rule 12 fixes the confidentiality penalty at Rs 5,000. Rule 11 sends appeals, where no service rules apply, to the authority under the Industrial Employment (Standing Orders) Act, 1946.

7. Frequently Asked Questions

Who pays the external member of the Internal Committee?

The employer, under Rule 3: Rs 200 per day for attending proceedings, plus travel at the lower of the actual cost or the prescribed fares.

Which rule lays down the inquiry procedure?

Rule 7, which applies where the respondent's service rules do not provide a procedure, as s.11(1) contemplates.

8. Related Topics

  • Topic 11: Inquiry into a Complaint, Section 11. Rule 7 in detail.
  • Topic 14: Inquiry Report and Action, Section 13. Rule 9 in detail.
  • Topic 28: Revision Chart. Everything in one place.