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REGISTERED No. DL(N)-04/000712003-Q5

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anrl£ke (6a:z.et'Q of3ndia

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'("i1~lfuCfii'WEEKLY

>rTft::l Cf) I'( ~~PUBLISHED BY AUTHORITY

~. 38]No. 38]

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NEW DELill, SATURDAY, SEPTEMBER 21-SEPTEMBER 27, 2013 (BHADRI\. 30; 1935)

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542 THE GAZETTE OF INDIA, SEPTEMBER 21, 2013 (BHADRA 30, 1935)

CO!'"T'fENTS

PageNo.

PageNo.

PART I-SECTION I-Notifications relating to Non­Statutory Rules, Regulations, Orders andResolutions issued by the Ministries of theGovernment of India (other than theMinistry of Defeoce) and by the SupremeCourt 1............................... 541

PART I-SECTION 2-Notifications regardingAppointments, Promotions, Leave etc. ofGovernment Officers issued by theMinistries ofthe Government ofIndia (otherthan the Ministry of Defence) and by theSupreme Court.......................................... 855

PART I-SECTION 3-Notifications relating to Resolutionsand Non-Statutory Orders issued by theMinistry ofDefence .

Ministry of Defence) and by the CentralAuthorities (other than the Administrationof Union Territories) .

PART II-SECTION 3-SUB-SECTION (iii}-Authoritativetexts in Hindi (other than such texts,published in Section 3 or Section 4 of theGazette ofIndia) ofGeneral Statutory Rules& Statutory Orders (including Bye-laws ofa general character) issued by theMinistries of the Government of India(including the Ministry ofDefence) and byCentral Authorities (other thanAdministration ofUnion Territories) ........

PART lI-SECTlON 4-Statutory Rules and Ordersissued by the 1vfinistry of Defence .

*

*

PART I-SECTION 4-Notifications regardingAppointments, Promotions, Leave etc. ofGovernment Officers issued by theMinistry of Defence ..

PART II-SECTION I-Acts, Ordinances and Regulations

PART II-SECTION 1A-Authoritative texts in Hindilanguage, of Acts, Ordinances andRegulations .

PART II-SECTION 2-Bills and Reports of the SelectCommittee on Bills .

PART IT-SECTION 3-SUB-SECTION (i}-General StatutoryRules (including Orders, Bye-laws, etc. ofgeneral character) issued by the Ministryofthe Government of India (other than theMinistry of Defence) and by the CentralAuthorities (other than the AdministrationofUnion Territories) ..

PART ll-SECTION 3-SUB-SECTION (ii)-Statutory Ordersand Notifications issued by the Ministriesof the Government oflndia (other than the

*Folios not received.

1157

*

*

*

*

PART III-SECTION I-Notifications issued by the HighCourts, the Comptroller and AuditorGeneral, Union Public Service Commission,the Indian Government Railways and byAttached and Subordinate Offices of theGovernment ofIndia .

PART Il1-SECTION 2-Notifications and Notices issuedby the Patent Office, relating to Patentsand Designs .

PART m-8ECTION 3-Notifications issued by or underthe authority ofChiefCommissioners .......

PART Ill-SECTION 4-Miscellaneous Notificationsincluding Notifications, Orders,Advertisements and Notices issued byStatutory Bodies .

PART TV-Advertisements and Notices issued by PrivateIndividuals and Private Bodies .

PART V-Supplement showing Statistics of Births andDeaths etc. both in English and Hindi ......

729

*

*

3811

927

*

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PA~i I-SEC. 1] THE GAZETTE OF INDIA, SEPTEMBER 21,2013 (BHADRA 30, 1935)

~I-~l

543

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[Notifications relating to Non-Statutory Rules, Regulations, Orders andResolutions issued by the Ministries of the Government of India(other than the Ministry of Defence) and by the Supreme Court]

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Wit I

SUPREME COURT OF INTIIA

New Delhi, the 6th August 2013

No. F.26/2007-SCA~In exercise of the powers conferredby sub-clause (2) of Clause 1 of "The Gender Sensitisation& Sexual Harassment of Women at the Supreme Court ofIndia (Prevention, Prohibition and Redressal), Regulations,2013", the Chief Justice of India hereby appoints, the dateof publication of the Regulations in the Official Gazette, asthe date on which provisions of the said Regulations shallcome in to force.

By Order.

RAJ PAL ARORARegistrar

}~O\V, t.'1erefore, t...l-te Supreme Court notifies the fo!lov{ingRegulations :-

INDEX

Sl. No. Particulars

I. Preamble

2. CHAPTER - I

PRELIMINARY

1. Short title, extent and commencement

2. Definitions

3. Prevention of sexual harassmentNo. F.26/2007-SCA(I}-ln Writ Petition(Civil) No. 162 of

2013, Ms. Binu Tamta & Anr. v. High Court of Delhi & Ors.vide order dated 17th July, 2013, the Supreme Court hasapproved of and accepted "The Gender Sensitisation &Sexual Harassment of Women at the Supreme Court of India(Prevention, Prohibition and Redressal), Regulations, 2013"and directed the Supreme Court in its administrativejurisdiction to take note of the same and to arrange that thesame are promulgated and given wide publicity.

3. CHAPTER- II

COMPOSITION & CONSTfrUTJON OFGENDER SENSITlSATION & INTERNALCOMPLAINTS COMMITTEE

4. Constitution of the Gender Sensitization &Internal Complaints Committee

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544 T"rffi GAZETTE OF n-mIA, SEPTEMBER 21, 2013 (BHADRA 30,1935) [PART I-SEC. 1

4.

5.

6.

5. Term of Gender Sensitization & InternalComplaints Committee Members

6. Meetings of the Gender Sensitisation &Internal Complaints Committee

7. Functions of the Gender Sensitisation &Internal Complaints Committee

CHAPTER - III

COMPLAINT & INQUlRY INTO COMPLAINT

8. Complaint of Sexual Harassment

9. Inquiry into Complaint

10. Inquiry Report

11. Orders and Inquiry Report

12. Representation

13. Restraint Order

CHAPTER-IV

POWERS & DUTIES

14. Power of GSICC & Internal Sub-Committee

15. Duties

CHAPTER- V

MISCELLANEOUS

16. Confidentiality

17. Protection of action taken in good faith

18. Allocation of funds

and the right to work with dignity are universally recognisedhuman rights by international conventions and instrumentssuch as Convention on the Elimination of all Forms ofDiscrimination against Women, which has been ratified onthe 25th June, 1993 by the Government of India;

AND WHEREAS it is expedient to make provisions forgiving effect to the Constitution of India and the saidConvention for protection of women against sexualharassment at Supreme Court precincts ;-

AND WHEREAS it is necessary to provide for gendersensitization in working environment and protection againstsexual harassment of women at the Supreme Court precinctsand for the prevention and redressal of complaints of sexualharassment and for matters connected therewith or incidentalthereto;

AND WHEREAS according to the decision in Vishaka v.State of Rajastl}an rendered by the Supreme Court in itsjudgment dated 13 August 1997, in Writ Petition (Crl.) No.666-70/92 it is necessary to provide for the protection ofwomen.

AND WHEREAS in the judgment of the Supreme Courtin Medha Kotwal Lele v. Union ofIndia & Others, renderedby the Supreme Court on 19 October 2012 reported in (2013)1 SCC 297, the necessity of protecting women from any fOimof indecency, indignity and disrespect in all places (in theirhomes as well as outside), is emphasized and it has beendirected to provide new initiatives of education andadvancement of women and girls in all spheres of life andthe further directions given in the said judgment includingthe directions with regard to the need to give instructions/circulars by all statutory bodies such as the Bar Council ofIndia, Bar Associations and State Bar Councils, and theliberty granted in the said judgment to approach therespective courts and the directions to the courts toeffectively consider the grievances raised in this regard.

19. Regulations not in derogation of any other law

THE GENDER SENSITISATJON & SEXUALHARASSMENT OF WOMEN AT THE SUPREME

COURT OF INDIA (pREVENTION, PROHIBITION ANDREDRESSAL) REGULATIONS, 2013

WHEREAS gender discrimination and sexual harassmentresults in violation of the fundamental right of a woman toequality wider A-ticles 14 and 15 of the Constitution ofIndia and her right to life and to live with dignity underArticle 21 of the Constitution of India and right to practiceany profession or to carry on any occupation, trade orbusiness which includes a right to a safe environment freefrom sexual harassment under Article 19(1)(g) of theConstitution of India;

AND WHEREAS sensitization against discrimination onbasis of gender and the protection against sexual harassment

WS 6-241 01/2013

AND WHEREAS following upon and in conforrn~ty withthe above, in Writ Petition (Civil) No. 162 of2013, Ms BinuTamta & Ors. v. High Court of Delhi, the Supreme Court ofIndia appointed a committee for framing regulations to ensurea safe working environment for women in the precincts ofthe Supreme Court, and the said committee having framedregulations to combat the problem of sexual harassmentwithin the precincts of the Supreme Court of India and forthe redressal of any complaint that may be filed in thatregard;

AND WHEREAS the draft regulations being placed beforethe Court on 03 July 2013 and the Supreme Court directingfor further consideration of the regulations by the partiesconcerned and the Attorney General for India;

AND WHEREAS upon consideration of all the viewsplaced before the Court, the Supreme Court by order dated17 July 2013 was pleased to approve the said regulations

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-b.PART I-SEC. 1] TIIE GAZETTE OF INDIA, SEPTEMBER 21, 2013 (BHADRA 30, 1935) 545

and authorize the issuance of the same and order theenforcement of the Regulations inter alia having regard tothe aforesaid judgments and in tenos of Article 142 of theConstitution of India to render full and complete justice.

AND WHEREAS now these Regulations are beingpublished as a comprehensive code for prevention of sexualharassment of women within the precincts of the SupremeCourt of India and for redressal of any complaints that maybe lodged in the Supreme Court.

The Supreme Court hereby makes the followingRegulations :-

CHAPTER I

PRELIMlNARY

1. Short title, extent and commencement - (1) TheseRegulations may be called the Gender Sensitization & SexualHarassment of Women at the Supreme Court of India(Prevention, Prohibition and Redressal) Regulations, 2013.

(2) They shall come into force on such date as the ChiefJustice of India may, by notification in the Official Gazette,appoint.

2. Definitions - In these Regulations, unless the contextotherwise requires:-

(a) "aggrieved woman" means, in relation to the SupremeCourt, any female, of any age, whether employed ornot, who claims to have been subjected to any actof sexual harassment by any person in the SupremeCourt of India precincts, but does not include anyfemale who is already governed by the Supreme .Court service regulations;

(b) "appropriate Authority" means in relation to theSupreme Court of India, the sitting Chief Justice ofIndia;

(c) "Chairperson" means the Chairperson of the SupremeCourt Gender Sensitization and Internal ComplaintsCommittee (GSICC);

(d) "Chief Justice of India" in context of the presentRegulations means the sitting Chief Justice of India;

(e) "habitual Respondent" is a person against whom aprevious Complaint of sexual harassment has beenreceived by the GSICC on earlier occasion,irrespective of whether the matter w&s resolved withor without an inquiry and except where theRespondent has been exonerated in the previouscomplaint;

(f) "GSICC" means the Supreme Court GenderSensitisation and Internal Complaints Committeeconstituted under Regulation 4;

'2.-\lMII6-241 01/2013

(g) "Internal Sub-Committee" means the Sub-committeeset up under Regulation 9;

(h) "Member" means a Member of the GSICC;

(i) "Prescribed" means prescribed by the presentRegulations;

G) "Respondent" means a person against whom theaggrieved woman has made a Complaint under thepresent Regulations;

(k) "Sexual harassment" includes anyone or more of thefollowing unwelcome acts or behaviour (whetherdirectly or by implication) namely :-

(i) physical contact and advances;

(n) a demand or request for sexual favours;

(iii) making sexually coloured remarks;

. (iv) showing or exhibiting pornography and/orsexually explicit material by any means;

(v) sending undesirable sexually coloured oral orwritten messages, text messages, e-mailmessages, or any such messages by electronic,manual or other means;

(vi) stalking or consistently following aggrievedwoman in the Supreme Court precincts andoutside;

(vii) voyeurism including overt or tacit observationby the Respondent by any means of theaggrieved woman in her private moments;

(viii) any conduct whereby the Respondent takesadvantage of his position and subjects theaggrieved woman to any form of sexualharassment and seeks sexual favours speciallywhile holding out career advancements whetherexplicitly or implicitly, as an incentive or anatural result of submitting to the insinuations/demands of the Respondent;

(IX) any other unwelcome physical, verbal or non­verbal conduct of sexual nature;

(x) implied or explicit promise of preferentialtreatment in her legal career;

(xl) implied or explicit threat ofdetrimental treatmentin her legal career;

(xii) implied or explicit threat about her present orfuture legal career;

(xiii) Interferes with her work or creating anintimidating or offensive or hostile workenvironment for her; or

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546 THE G.AZETfE OF INDIA, SEPTEMBER 21, 2013 (BHADRA 30,1935) [PART I-SF.c'."t

(xiv) any treatment having a sexual colour orcontent likely to affect her emotional and/orphysical health or safety.

0) "Supreme Court of India precincts" means the wholepremises of the Supreme Court including the CourtBlock, open grounds, parking, old and new ChamberBlocks, libraries, canteens, bar-rooms, health centers'and/or any other part of the premises under thecontrol of the Hon'ble Chief Justice of India;

(m) "Volunteer" means lawyers or other persons enlistedby the GSICC without any remuneration basis for

'carrying out the objects and purpose ,of theseRegulations.

3. Prevention of sexual harassment - No woman shall besubjected to sexual harassment at the Supreme Court ofIndia precincts.

CHAPTERTI

COMPOSmON & CONSTITUTION OF GENDERSENSITISATION & INTERNAL COMPLAINTS '

COMMITIEE

4. Constitution of the Gender ,Sensitization & InternalComplaints Committee - (I)The Supreme Court GSICC isconstituted herein to fulfill a very important public functionof sensitizing the public to gender issues and to addressany complaints made with regard to sexual harassment atthe Supreme Court precincts.

(2) The Chief Justice of India shall, by an order in writing,constitute a Committee to be known as the "Supreme CourtGender Sensitisation and Internal Complaints Committee"(GSICC) which shall consist of not less than 7 membersand not more than 13 Ir,embers and shaH iftelt:tdethe folle'W'iBgas far as practicable :-

(a) one or two Judges of the Supreme Court in termsof the judgment in the case of Vishaka (supra), oneof whom shall be the Chairperson of the Committee,to be nominated by the Chief Justice of India;

(b) one or two senior members of the Supreme CourtBar, with at least 20 years of members1)ip of theSupreme Court BarAssociation or the Supreme CourtAdvocates-on-Record Association to be nominatedby the Hon'ble Chief Justice of India, one of whombeing a woman;

(c) one or two members to be elected by General Ballotof the Supreme Court Bar Association who shall beregistered member of the Supreme Court BarAssociation for at least 10 years out of whom atleast one shall be a woman;

(d) one woman member being a member of theAdvocates-on-Record Association elected by GeneralBallot of the Advocates-on-Record Association;

(e) one woman member being a member of the SupremeCourt Clerks Association elected by General Ballotof the Supreme Court Clerks Association;

(f) at least one and at the most two outside members tobe nominated by the Chief Justice of India,

persons who are associated with the Social W~lfareDepartment or non-government organization havingexperience in the field of social justice, womenempowerment, and/or gender justice, out of whom atleast one member shall be a woman;

(g) one woman officer in the service of the SupremeCourt of India not below the rank of a DeputyRegistrar to be nominated by the Hon'ble ChiefJustice of India, who shall function as the MemberSecretary of the GSICC; and

(h) any other member that the Chief Justice ofIndia maydeem fit to nominate.

Provided that it shall be ensured that the majority ofthe members of GSICC shall be woman members.

(4) The outside Member appointed under Clause 4(2)('0shall be paid such fees or allowances from the allocatedfunds for holding the proceedings of the GSICC as maybe prescribed.

(5) Where the Chairperson or any Member of the GSICC­

(a) as been convicted for an offence or an inquiry intoan offence under any law for the time being in forceis pending against himlher;

(b) fails to constitute an Internal Sub-Committee toinquire into a particular Complaint;

(c) fails to take action under Regulation 11;

(d) contravenes 'or attempts to contravene or abetscontravention of other provisions of theseRegulations or any notifications/orders issuedthereunder; or

(e) in the opinion of the Chief Justice of India has soabused his/her position as to render his/hercontiIiuance in office prejudicial to the exercise offunctions of the GSICC;

such Chairperson or Member, as the case may be,shall stand removed forthwith from the GSICC by awritten order of the Chief Justice of India and thevacancy so created shall be filled by fresh nomination!election in accordance with the provisions of theseRegulations.

5. Term of Gender Sensitization & Internal ComplaintsCommittee members-

The term of each member of the GSICC shall be for twoyears, subject to the member being elected/nominated for amaximum period of two terms, and a member who has been

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.....PART I-SEC. IJ rHE GAZEITE OF INDIA, SEPTEMBER2i, 20B (BHADRA30, 1935) 547

removed under Regulation 4(5) shall not be eligible for re­nomination or re-election.

6. Meetings of The Gender Sensitisation & InternalComplaints Committee - (1) The GSICC shall meet at leastonce in four months in a calendar year.

(2) Members shall be intimated of meetings and agenda inwriting and/or by electronic communication by the MemberSecretary.

(3) Minutes of all meetings shall be recorded, confirmed andadopted. 11le Member Secretary shall circulate the minutesof a meeting and the Resolutions so passed to all Membersof the GSICC within 7 days of the holding of the meetingor the passing of the Resolution.

(4) The Ordinary Meeting shall be called by the Chairpersonwith minimum seven days notice' to all members.

Any member of the GSICC may at any time request theChairperson to call an Emergency Meeting with a notice ofForty-Eight hours. However, this will not prevent theChairperson from convening an emergency meeting without48 hours notice.

(6) The quorum for all Meetings shall be one-third of themembers of the GSICC. In the event the quorum is notcompleted for any meeting, an adjourned meeting shall beheld within the next 10 days following, for which no quorumshall be required.

(7) All motions shall be carried by a simple majority of thosepresent and voting at all meetings, except where it isspecifically provided for.

Whenever a Complaint is received or a Report of the InternalSub-Cormnittee is submitted, the Member-Secretary shallwithin a period of 7 days request the Chairperson to calleither an Ordinary or Emergency Meeting to take action onthe same, and the Chairperson shall call a meeting for thispurpose not later than 15 days from the date ofthe Complaintor the Report.

If a Member does not attend 3 consecutive meetings he/sheshall be liable to removal forthwith by the Chief Justice ofIndia, and the vacancy so created shall be filled in accordancewith Regulation.

7. Functions of The Gender Sensitization & InternalComplaints Committee - (1) GSICC shall be responsible forframing a Policy from time to time and its implementationwith regard to gender sensitization and prevention andredressal of Sexual Harassment ·in the Supreme Court.

(2) Gender Sensitization and Orientation: GSICC shall takethe following steps with regard to gender sensitization andorientation:-

(i) GSICC will ens.ure the prominent publicity of thePolicy on gender sensitization and preventionand redressal of Sexual Harassment in theSupreme Court of India in all places in the

Supreme Court precincts such as the CourtBuilding, old and new Chamber Blocks, library,health' centre, canteens etc.

(iI) GSICC will organize programmes for the gendersensitization of the Supreme Court communitythrough workshops, seminars, posters, film shows,debates, displays, etc.

(iiI) GSICC shall submit an Annual Report byDecember 31 every year to the Chief Justice ofIndia which shall be made public outlining theactivities undertaken by it and charting out ablueprint for the activities/steps to be taken up inthe following year along with necessary budgetallowances required by it. The GSICC shall includein its Annual Report the number of cases filed, ifany, and their disposal under these Regulationsin the annual report.

(iv) GSICC may enlist the help on~GO's, associations,volunteers, lawyers, lawyer's bodie.s, 0, theconcerned legal services authorities to carry outthese programmes.

(v) GSICC will enlist and activate an aqequatelyrepresentative team ofvolunteers and shall ensurethe widespread publicity of the contact details(both official and personal) ofall its members andvolunteers. The services of such volunteers shallbe available at all times to any aggrieved womanor any person in need ofconsultation or guidance.Volunteers will also assist in the gendersensitization, crisis mediation and crisesmanagement duties of GSICC, but shall Dotparticipate in the task of formal redressal ofcomplaints under these Regulations andProcedures. .

(vi) GSICC will organize and train members andvolunteers to equip them to handle sexualharassment cases including legal and medicalaspects of aid.

(3) Crisis Management and Mediation - GSICC shall ensurethat there is quick and responsive crises management,counselling and mediation available to all aggrieved womenexpeditiously which shall include the following activities:-

(i) GSICC will assist in the mediation ofcrises arisingout of incidents of sexual harassment at theSupreme Court precincts.

(11) No mediation shall conclude without approval ofthe GSICC, and the mediated settlement shall beeffected and be enforceable only upon it beingduly approved by the GSICC which shall satisfyitself that the said mediation settlement isvoluntary, fair, unbiased, and free from anyextraneous consideration or influence.

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548 THE GAZETIE OF INDIA, SEPlclvlBER21, 2013 (BHADRA 30,1935),t'.

[PART 1-8EC. 1

GSICC will coordinate with the Supreme Court securityservices to devise ways and means by which a system ofprevention of and crisis management that is both gender­sensitive as wen as prompt and effective is put in place. Itwill maintain regular contact through the Member Secretarywith the Supreme Court security services to ensure that incrises arising out of incidents of sexual harassment, GSICCmembers, and/or the volunteers identified by it, shall beintimated of such incidents without delay.

(4) Complaint Redressal- The GSICC shall ensure that everycomplaint of an aggrieved woman is adequately dealt within accordance with the established procedure and withcomplete sensitivity. The GSICC shall have the power toinquire into and pass orders against the Respondent/deviant/delinquent in a complaint made in relation to any form ofsexual harassment in the entire precincts of the Hon'bleSupreme Court.

CP.APTER III

COMPLAINT & INQUIRY INTO COMPLAINT

8. Complaint of Sexual Harassment- (1) Any aggrievedwoman may make a complaint in writing ofsexual harassmentat the Supreme Court ofIndia precincts to the GSICC throughthe Member Secretary in accordance with the form andprocedure so notified by it.

Provided that where the aggrieved woman is unable to makesuch a complaint in writing due to any reason, the Memberof the GSiCC or volunteer, as the case may be, shall renderall reasonable assistance to the woman for making thecomplaint in writing.

(2) Wht:n: tht: aggrit:vt:d wuman is unable to make acomplaint on account of her physical or menta) incapacityqor death or for any other reason, her legal heir or such otherperson directly concerned with her interests may make acomplaint under this Regulation.

9. Inquiry into complajnt - (1) On receiving a complaint and 'upon being satisfied with regard to the genuineness of theComplaint, the GSICC shall constitute an Internal Sub­Committee to conduct a fact finding inquiry, which shallcomprise ofthree members ofthe GSICC itselt Of such otherpersons as to be so nominated by the GSICC in its meeting,with majority members being women, and at least one personbeing an outside member.

(2) The Internal Sub-CoID.!nittee shall conduct an inquiI')'and shall hear and duly record the statements of theaggrieved woman, the Respondent, and any other personthe-"Slrid-parties wish to examine, subject to the provisionsof Regulation 13(2), and thereafter it shall prepare a Reportand enclose therein the complete proceedings of the Inquiry.

(3) The fact fmding ~quiry into a Complamt shall beconducted and completed within 90 days of the.Constitutionof the Internal Sub-Committee.

Provided that the validity of any inquiry shall not be calledinto question upon the inquiry not being completed withthe stipulated period due to reasons beyond the control ofthe Internal Sub-Committee.

10. Inquiry Report - (1) On the completion of an inquiryunder these Regulations, the Internal Sub-Committee shallprovide the Inquiry Report of its findings alongwith thecomplete record of the inquiry proceedings including thepleadings and all the material on record to the GSICC withina period of ten days from the date of completion of theinquiry and such Report shall also be made available to the 'concerned parties.

(2) Where the Internal Sub-Committee arrives at theconclusion that the allegation against the Respondent hasnot been proved, it shall recommend to the GSICC that noaction is required to be taken in the matter.

(3) Where the Internal Sub-Committee arrives at theconciusion that the allegation against the Respondent hasbeen proved, it shall recommend to the GSICC to takeappropriate action for gender discrimination and/or sexualharassment. '

(4) Upon consideration of the material on record and theInquiry Report of the Internal Sub-Committee, if more thantwo-thirds of the members of the GSICC differ from theconclusion of the Internal Sub-Committee, the GSICC shallafter hearing the aggrieved woman and Respondent in person,record its reasons to so differ and take consequent actionaccordingly.

(5) The GSICC shall pass orders either accepting or rejectingthe Inquiry Report of the Internal Sub-Committee andthereafter pass consequent orders that may be appropriate~d,ll~~~~~ry for putting an end to the sexual harassmentand take all steps to secure justice to the victim of sexualharassment within 45 working days of submission of theInquiry Report of the Internal Sub-Committee, excluding theperiod of holidays, and/or vacation of the Supreme Court.

Provided that the validity of the orders of the GSICC shallnot be called into question upon the same not being passedwithin the stipulated time.

11. Orders on Inquiry Report - (1) Subject to Regulation 9(1)above, the GSICC shall have the power to pass the followingorders to secure justice to the victim of sexual harassment:

(a) admonition;

(b) admonition with publication of such admonition inthe Court precincts including cause lists andSupreme Court Website;

(c) prohibition from harassing the victim in any mannerincluding, but not limited to, prohibition fromcommunicating with her in any mann~r such asphones, messages, electronic means, physical or othermeans for a specified period; and

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PART 1-8Ec. I] THE GAZETTE OF INDIA, SEPTEMBER 21 , 2013 (BHADRA 30,1935) 549

(d) subject to Regulation 11(2), pass all orders,directions, and/or direct taking steps necessary forputting an end to the sexual harassment of theaggrieved woman.

(2) GSICC will also have the power to recommend to theChief Justice of India to pass orders against the Respondentincluding, but not limited, to the following:

(a) debarment of entry into the Supreme Court precinctsfor a specified period extending upto a maximum,period of one year; and

(b) in appropriate cases, to recommend filing of a criminalcomplaint and/or a disciplinary complaint before theconcerned disciplinary authority governing theRespondent (including the concerned Bar Council)for taking appropriate action, and the Chief Justiceof India may pass orders thereon subject toRegulation 12.

(3) The GSICC shall pass orders on the Inquiry Report and/or shall make recommendations to the Chief Justice of Indiawithin 45 working days of the submission of the InquiryReport, excluding the period of vacation of the SupremeCourt and communicate the same to the parties forthwith.

(4) The GSICC and the Internal Sub-Committee shall havethe jurisdiction to inquire into a complaint and take anyaction thereon notwithstanding that any criminal compiaintor any other complaint under any other law (including adisciplinary proceeding under the Advocates Act, 1961)may have been filed with respect to the same complaint!actions.

(5) The orders of the cn and the GSICC shall be final andbinding on the parties.

12. Representation - (1) Any person aggrieved by the orderpassed (or not passed) by the GSICC under Regulation11 (1), or recommendation made by the GSICC to the ChiefJustice of India under Regulation 11(2), or non­implementation of such orders or action may make arepresentation to the C~ief Justice of India who shall havethe power to set aside or modify the orders passed or therecommendation made as the Chief Justice may deem fit,and also have the power to issue such orders or directionsthat may be necessary to secure complete justice to thevictim of sexual harassment.

The representation under Regulation 12(1) shall be preferredw'ithin a period of ni.l1ety days of communication of theorder or recommendation.

13. Restraint Order - (l) On the receipt of a Complaint andduring the pendency of an Inquiry, on a written requestmade by the aggrieved woman, the GSICC if it considers itfit and proper may recommend specific interim measures tobe taken in a signed decision to the Chief Justice of India,who on receipt thereof may pass such interim orders thatmay be required for the personal safety and for safeguarding

3- WliilIa)--24 I GlI2013

the dignity of the aggrieved wo'man, and both the aggrievedwoman and the Respondent shall be bound by the same.

(2) Upon disobedience, defiance or violation of the orderpassed under clause (1) above by the Respondent, theGSICC shall close and/or strike off the defence of theRespondent and pass final orders under Regulation 10(5)and Regulation II.

CHAPTER IV

POWERS & DUTIES

14. Powers of GSICC & Internal Sub-Committee - (1) TheGSICC shall have the power to issue circulars/notificationsprescribing its procedure and for the purpose of carryingout and implementing the provisions of the presentRegulations in their spirit and intent.

(2) The GSICC shall have the power to pass any orders tobe able to carry out the objectives and mandate of thepresent Regulations including directing any pa.rty or personto take any suitable action.

(3) For the purpose of making an inquiry, the GSICC and theInternal Sub-Committee shall have the same powers as arevested in a Civil Court under the Code of Civil Procedure,1908 when trying a suit in respect of the following matters,namely:

(a) summoning and enforcing the attendance of anyperson and examining him on oath;

(b) requiring the discovery and production ofdocuments; and

(c) any other matter which may be prescribed.

(4) The GSICC by Resolution to be passed by two-thirdsmajority may remove any member of the Internal Sub­Committee and appoint a new member in hislher place, onlyif it is ofthe view that such a member has acted prejudiciallyto the principles of natural-justice, fair play and has actedwith bias in the conduct of the Inquiry.

(5) The GSICC shall at all times have supervisory powersover the Internal Sub-Committee and it may issue directionsto the Internal sub-Committee from time to time in accordancewith the provisions of the present Regulations.

15. Duties - The GSICC in coordination with and with theassistance of the office of the Supreme Court shall-

(a) take measures to provide a safe working environmentat the Supreme Court of India precincts;

(b) display at any conspicuous place in the SupremeCourt of India and on its web-site, the penalconsequences of sexual harassments and the orderconstituting the Internal COlmnittee under the presentRegulations;

(c) display at any conspicuoLls place in the SupremeCourt of India and on its web-site, the status andoutcome of complaints of sexual harassment;

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550 THE GAZETTE OF IN'DIA, SEPTEMBER 21, 2013 (BHADRA 30,1935) [PART I-Sr . 1]

(d) organize workshops and awareness programmes atregular intervals for sensitizing the persons carryingout work at the Supreme Court premises with theprovisions of the present Regulations and orientationprogrammes for the members of the InternalCommittee in the manner as may be prescribed;

(e) provide necessary facilities to the Internal Sub­Committee for dealing with the complaint andconducting an inquiry;

(t) assist in securing the attendance of respondent andwitnesses before the Internal Sub-Committee;

(g) obtain such information for the Internal sub­Committee as it may require having regard to the'complaint; .

(h) cause to initiate action, under the Indian Penal Codeor any other law for the time being in force, againstthe Respondent and/or the perpetrator;

(i) monitor the timely submission of reports by theInternal Sub-Committee; and

G) take any other action and/or measures to ensure aneffective and meaningful implementation of thepresent Regulations.

CHAPTER V

MISCELLANEOUS

16. Confidentiality - (1) The contents of the complaint madeunder the' present Regulations, the identity and addressesof the aggrieved woman, respondent and witnesses, anyinformation relating to the inquiry proceedings,recommendations of the GSICC and the action taken by theGSICC shaH be confidential and shaH not be published,communicated or made known to the public, press andmedia in any manner except upon the aggrieved womansubmitting a specific request to do so in writing and uponthe GSICC acceding to the said request.

(2) Upon the Respondent being found guilty, informationmay be disseminated regarding the justice secured to anyvictim of sexual harassment under these Regulations withoutdisclosing the name, address, identity or any other particularscalculated to lead to the identification of the aggrievedwoman and witnesses.

17. Protection of action taken in good faith- No suit,prosecution or other legal proceedings shall lie against theeJI, GSICC and the Internal Sub-Committee or its membersin respecr of anything which is done or intended io be don~

in good faith in pursuance of these Regulations, and thecirculars/orders/notifications issued thereunder.

18. Allocation of funds - The Chief Justice of India may,subject to the availability of fmancial and other resourcesallocate and provide suitable funds as may be prescribed

(a) for the effective implementation of the presentRegulations;

(b) for development of relevant information, education,communication and training materials, for organizationof awareness programmes, and for advancement ofthe understanding of the public of the provisions ofthese Regulations; or

(c) for organizing orientation and training programmesfor the members of the GSICC, Internal Sub­Committees, volunteers, counselors etc.

19. Regulations not in derogation of any other law - (l) Theprovisions of these Regulations shall be in addition to andnot in derogation of the provisions of any other law for thetime being in force.

(2) The provisions of the present Regulations shall not barany Court from taking cognizance of any offence punishableunder any other enactment or law.

By Order.

RAJ PAL ARORARegistrar

MINISTRY OF YOUTH AFFAIRS AND SPORTS

New Delhi-II 000 I, the 27th August 2013

RESOLUTION

No. E-II015/312009-Hindi-Consequent upon theinclusion of his name in Hindi Salahkar Samiti of the Ministryof Youth Affairs and Sports as communicated videParliamentary Committee on Official Language's O.M. No.250 11/312009-Samiti-5 dated 17.07.2013, Govt. ofIndia herebynominates Sh. Raghunandan Sharma, MP (Rajya Sabha) asMember in Hindi Salahkar Samiti of the Ministry in place ofShri Shri Gopal Viyas, former MP of Rajya Sabha.

2. All the terms and conditions of the Hindi SalahkarSamiti mentioned in earlier resolution of even no. dc.:?.d08.04.2013 wil remain the same.

SUDHIR KUMARIt. Secy.

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WS 6--241 GI12013

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