GAIL (India) Limited

Corporate HR Department
New Delhi
Circular
No. CO/HR(PoI/P-231 5th February 2018
Subject: Reconstitution of Internal Complaints Committee in terms of 'Policy for
Prevention, Prohibition and Redressal of Sexual Harassment of Women at
Work Place'
This is in furtherance to Corporate HR Department's Circular of even number dated 15th February
2017 notifying Internal Complaints Committee at Corporate level (for locations in Delhi and NCR).

2. Consequent upon superannuation of Ms. Rashmi Shali, Ex-CGM (HR-ES) and Presiding Officer,
Internal Complaints Committee on 31.01.2018, it has been decided that Ms. Nalini Malhotra, GM
(Mktg.-F&A), presently member will henceforth function as the Presiding Officer of the Internal
Complaints Committee. Further, Ms. Sandepa Trakroo, GM (CS,P&A) has also been nominated
by the Management as a Member of Internal Complaints Committee. Accordingly, the said
Internal Complaints Committee has been reconstituted as under:

(I) Presiding Officer (iii) Member

Ms. Nalini Malhotra, Shri Ashu Shinghal,
General Manager (Mktg.-F&A), Chief General Manager (CS,P&A),
Mobile No. 9810620194 Mobile No. 9910220674
E-mail: [email protected] E-mail: [email protected]

(ii) Member (iv) Member

Ms. SandepaTrakroo, Ms. Neeru 5 Juneja,
General Manager (CS,P&A), Founder Udyam Trust,
Mobile No. 9810320145 E-4S,Ansari Nagar (W), New Delhi
E-mail: [email protected] Mobile No. 9891046940
E-mail: [email protected]

3. Other terms and conditions of the Internal Complaints Committee as notified vide Corporate HR
Department's Circular NO.CO/HR/PoI/P-231 dated 15.02.2017 shall remain unaltered.

4. This is issued with the approval of the Competent Authority and comes into force with i~~ed~

effect. • PJr' :_
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CGM (HR-Poli~ & ER)
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Distribution
1. CMD
2. Dir. (Projs.)/ Dir. (Fin.)/ Dir. (HR)/ Dir. (Mktg.)/ 0/0
3. HODs at Corporate Office
4. orCs of Work Centres/ Zonal Offices
5. Nodal Officers r(CGM (HR) for locations in Delhi and NCR)/HR Incharges of Work Centres/Zonal
Offices)}
6. All Committee members
7. All employees (through e-mail)
8. Notice Boards - at all work centres for display at conspicuous places for wide dissemination and
information of all stakeholders.
 Introduction of Workplace Policy on Prevention, Prohibition and
Redressal of Sexual Harassment of Women at Workplace

 
1. Preamble
GAIL is committed to provide a safe and conducive work environment to its
employees and towards this end it is essential that each employee is dealt with full
fairness, respect and dignity with a view to having a sense of security for its
employees at workplaces.
Harassment in any form including sexual harassment is strictly forbidden in the
company. Every women employee has the right to be protected against harassment,
regardless of whether the accused consider his own behaviour to be normal or
acceptable and of whether the affected person/petitioner has the opportunity to
avoid the harassment.
The company is committed to provide a work environment free of sexual
harassment. Sexual harassment is a form of workplace harassment of sexual nature
that affects the dignity of women at workplace. The policy has been formed to
prohibit, prevent or deter the commission of acts of sexual harassment at workplace
and to provide a suitable mechanism for the redressal of complaints relating to
sexual harassment.
Earlier vide Corporate HR Circular No. CO/HR/Pol/P-11 dated 7th July 1998; a new
Rule 4-A on Prohibition of Sexual Harassment of Women at Workplace was inserted
under GAIL (Conduct, Discipline and Appeal) Rules, 1986.
This policy will be to prevent Sexual Harassment of Women at Workplace and
implement the provisions of The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 ("Sexual Harassment Act"),
along with its Rules. The provisions of the Act will prevail in case of conflict of
interest or discrepancy.
2. Objective
To provide protection against sexual harassment of woman at workplace and for the
prevention and redressal for complaints of sexual harassment and for matters
connected therewith or incidental thereto.
3. Applicability
This Policy applies to all the employees employed by the company at a workplace
for any work on regular, temporary, ad hoc or daily wage basis, either directly or
through an agent, including a contractor, with or, without the knowledge of the
principal employer, whether for remuneration or not, or working on a voluntary
basis or 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.
It shall be the duty of the Officer In-charges/Head of Departments to ensure that all
its employees are aware of this policy and of the identity of the authority and
committee under this policy.

4. “Sexual harassment “includes any one or more of the following unwelcome acts
or behaviour (whether directly or by implication) namely.-
(i) Physical contact and advances; or
(ii) A demand or request for sexual favour; or
(iii) Making sexually coloured remarks; or
(iv) Showing pornography; or
(v) Any other unwelcome physical, verbal of non – verbal conduct of sexual nature;

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 Introduction of Workplace Policy on Prevention, Prohibition and
Redressal of Sexual Harassment of Women at Workplace

 
5. Prevention of Sexual harassment

1) GAIL shall endeavour that no woman shall be subject to sexual harassment at

any work place.
2) The following circumstances, among other circumstances, if it occurs or is
present in relation to or connected with any act or behaviour of sexual
harassment may amount to sexual harassment:-
i) Implied or explicit promise of preferential treatment in her employment;
or
ii) Implied or explicit threat of detrimental 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 work environment for her; or
v) Humiliating treatment likely to affect her health or safety.

6. Remedies available to a woman if she is harassed at workplace/or

at other places while on Duty
(a) She can tell him that his behaviour is unwelcome and ask him to stop.

(b) Keep a record of incidents (dates, times, locations, possible witness, what
happened, affected employee’s response) confidentially. However, it is not
mandatory to have a record of events to file a complaint, but a record can
strengthen her case and help her to remember the details over a period, in
case the complaint is not filed immediately.

(c) File a complaint as soon as possible and report the abuse to the Internal
Complaint Committee (ICC) constituted in this behalf at workplaces in
various locations either by writing or if not possible orally.

7. Constitution of Internal Complaints Committee

i) GAIL shall, by an order in writing, constitute a Committee to be known as the
“Internal Complaints Committee” at Work Centre level which shall take
cognisance of such complaint by an aggrieved woman at Work Places.

At Work Centres/Offices where such committee has not been constituted the
Internal Complaints Committees of the nearest Work Centre/Offices or the
“Internal Complaints Committee” at Corporate Office shall act as the Internal
Complaints Committee for complaints if any being filed by aggrieved women.

ii) The Internal Committee shall consist of the following members to be

nominated by the employer, namely:-

(a) A Presiding Officer who shall be a woman employed at a senior level at

workplace from amongst the employees:-

Provided that in case a senior level woman employee is not available, the
Presiding Officer shall be nominated from other offices or administrative
units of the workplace.

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 Introduction of Workplace Policy on Prevention, Prohibition and
Redressal of Sexual Harassment of Women at Workplace

 
Provided that in case the other officers or administrative units of the
workplace do not have a senior level woman employee, the Presiding
Officer shall be nominated from any other workplace of the same
employer or other department or organisation;

(b) Not less than two Members from amongst employees preferably
committed 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

associations committed to the cause of women or a person familiar with
the issues relating to sexual harassment:

Provided that at least one-half of the total Members so nominated shall be

women.

(iii) The Presiding Officer and every Member of the Internal Complaints
Committee shall hold office for such period, not exceeding three years, from
the date of their nomination as may be specified by the employer.

(iv) The member appointed from amongst the non-governmental organisations

or associations shall be paid TA/DA as applicable to employees at E7 level for
holding the proceedings of the Internal Complaints Committee by GAIL.

8. Removal from the Committee:

If any member or presiding officer of the Internal Complaints Committee is found to
be in violation of the provisions of the Act or contravened the provisions of the Act
or this Policy he/she shall be removed from the Committee.

9. Reporting of Complaint of Sexual Harassment

Complaint of Sexual harassment
(i) Any aggrieved woman may make, in writing, a complaint of sexual harassment
at workplace to the Internal Committee if so constituted, or the Local
Committee, in case it is not so constituted, within a period of three months from
the date of incident and in case of a series of incidents, within a period of three
months from the date of last incident:

The Internal Committee may, for the reasons to be recorded in writing, extend
the time limit not exceeding three months, if it is satisfied that the
circumstances were such which prevented the woman from filing a complaint
with the said period.

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 may be prescribed may make a complaint under this section.

10. Functions and Powers of the Complaints Committee

The committee shall have powers to conciliate, conduct the inquiry, recommend
action etc. as per the provision/procedure laid down under the Act and Rules
framed thereunder.

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 Introduction of Workplace Policy on Prevention, Prohibition and
Redressal of Sexual Harassment of Women at Workplace

 
Action for malicious complaint or false evidence:-Except in cases where service rules
exist, where the Complaints Committee arrives at the conclusion that the allegation
against the respondent is malicious or the aggrieved woman or any other person
making the compliant has made the compliant knowing it to be false or the
aggrieved woman or any other person making the complaint has produced any
forged or misleading document, it may recommend to the employer, as the case
may be, to take action in accordance with the provisions of the Act.

11. Appeal
Subject to the provisions of the Act, any person aggrieved from the
recommendation made or non-implementation of such recommendation may prefer
an appeal to the appellate authority notified under the Act.

12. Prohibition of publication or making known contents of complaint and

inquiry proceedings
Notwithstanding anything contained in the Right to Information Act, 2005, the
contents of the complaint above, the identity and addresses of the aggrieved
woman, respondent and witness, any information relating to conciliation and inquiry
proceedings, recommendations of the Internal Committee or the Local Committee,
as the case may be and the action taken by the employer under the provisions of
policy shall not be published, communicated or made known to the public, press
and media in any manner.

However, where any person entrusted with the duty to handle or deal with the
complaint inquiry or any recommendations or action to be taken under the
provisions of this policy, contravenes the provisions above, he/she shall be liable for
penalty in accordance with the provisions of the service rules applicable to the said
person or where no such service rules exit, in such manner as may be prescribed.

13. Duties of Employer

(a) Provide a safe working environment at the workplace which shall include safety
from the persons coming into contract at the workplace
(b) Display at any conspicuous place in the workplace, the penal consequences of
sexual harassments; and the order constituting, the Internal Committee.
(c) Organise workshops and awareness programs at regular intervals for sensitizing
the employees with the provisions of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 and orientation
programs for the members of the Internal Committee in the manner as may be
prescribed.
(d) Provide necessary facilities to the Internal Committee, for dealing with the
complaint and conducting an enquiry.
(e) Assist in securing the attendance of respondent and witnesses before the
Internal Committee.
(f) Make available such information to the Internal Committee, as it may require
having regard to the complaint made.
(g) Provide assistance to the woman if she so chooses to file a complaint in relation
to the offence made under the Indian Penal Code or any other law for the time
being in force.

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 Introduction of Workplace Policy on Prevention, Prohibition and
Redressal of Sexual Harassment of Women at Workplace

 
(h) Cause to initiate action, under the Indian Penal Code or any other law for the
time being in force, against the perpetrator, or if aggrieved woman so desires,
where the perpetrator is not an employee, in the work place at which the
incident of sexual harassment took place.
(i) Treat sexual harassment as misconduct under CDA Rules/Standing Orders and
initiate action for such misconduct.
(j) Monitor the timely submission of reports by the Internal Committee.

14. Annual Report

(i) The Internal Committee, shall in each calendar year prepare, an annual report
which shall have the following details and submit the same to the Company
Secretary:

a) Number of complaints of sexual harassment received during the year;

b) Number of complaints disposed off during the year;
c) Number of cases pending for more than ninety days;
d) Number of workshops or awareness programme against sexual harassment
carried out;
e) Nature of action taken by the employer

(ii) Annual Report shall include the number of cases filed, if any, and their disposal
under the Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 or where no such report is required to be prepared,
intimate such number of cases, if any to the District Officer.

15. Training
The Company may,
(a) Develop related information, education, communication and training materials,
and organize awareness programs, to advance the understanding of the
employees of the provisions of this policy providing for protection against sexual
harassment of women at work place.

(b) Formulate orientation and training programs for the members of the Internal
Complaints Committee.

16. Review of the Policy

The above policy will be reviewed from time to time, to bring about the required
changes, if necessary, in line with any new enactment / amendment comes with
regard to ‘women safety at workplace’.

HoD (HR) at all Work Centres shall be the Nodal Officer, who shall provide
necessary facilitation for implementation of the policy. Nodal Officers at Work
Centres shall also submit a report of such cases at their Work Centre to the Nodal
Officer at Corporate Office by 31st March every year. Any change in the members of
ICC due to separation, transfer etc. of any member shall also be brought to the
information of Corporate HR department.

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 Introduction of Workplace Policy on Prevention, Prohibition and
Redressal of Sexual Harassment of Women at Workplace

 
 

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