jkti=] fgekpy izns'k

fgekpy izns'k jkT; 'kklu }kjk izdkf'kr

f”keyk] 'kqØokj] 25 tqykbZ] 2014@3 Jko.k] 1936

fgekpy izns'k ljdkj

MPP & POWER DEPARTMENT

NOTIFICATION

Shimla-2, the 15^thJuly, 2014

File No. MPP(A)4-1/98-XI.—In exercise of power conferred under para 3.3.3 (Note 1) of

the revised guidelines for management of Local Area Development Fund in respect of

Hydroelectric Projects issued vide notification No. MPP-F(10)-24/2011 dated 5.10.2011, the

Governor, Himachal Pradesh on the recommendation of the Deputy Commissioner, Kullu is

pleased to declare the Project Affected Area (PAA) and Project Affected Zone (PAZ) in respect of

Parbati-III HEP( 520 MW) being executed by National Hydro Power Corporation as per Annexure-

I with immediate effect.

By order,

Sd/-

(S. K. B. S. NEGI),

Principal Secretary (MPP&Power).

83&jkti=@2014&25&7&2014 ¼2029½

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jkti=] fgekpy izns'k] 25 tqykbZ] 2014@3 Jko.k] 1936

Annexure-I

Project Affected Areas (PAA)

G.P. Banogi

G.P. Kanon

G.P. Railla

G.P. Larji

G.P. Suchain

G.P. Dushad

G.P. Talara

G.P. Dhaugi

Project Affected Zone (PAZ)

G.P. Bhallan II

G.P. Devgargohi

G.P. Shansher

G.P. Garaparli

G.P. Deoridhar

G.P. Shanghar

G.P. Kotla (only Lavl Village)

__________

cgqmn~ns”kh; ifj;kstuk,a ,oa fo|qr foHkkx

vf/klwpuk

f'keyk] 17 ebZ] 2014

la[;k fo|qrqr&N&¼5½&52@2013-&&;r% jkT;iky] fgekpy izns”k dks ;g izrhr gksrk gS fd

lryqt ty fo|qr fuxe fyfeVsM tks fd Hkw&vtZu vf/kfu;e]1894 ¼1894 dk igyk vf/kfu;e½ dh

/kkjk&3 ds [k.M ¼lh-lh-½ ds vUrxZr ljdkj ds LokfeRo vkSj fu;U=.k ds v/khu ,d fuxe gS ds }kjk

vius O;; ij lkoZtfud iz;kstu gsrq uker% xzke ijyksx] rglhy djlksx] ftyk e.Mh] fg0iz0 esa ywgjh

ty fo|qr ifj;kstuk ds fuekZ.k gsrq Hkwfe vftZr djuh vkisf{kr gS] vr,o% ,rn~}kjk ;g ?kksf’kr fd;k

tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu fooj.kh esa fufnZ"V fd;k x;k gS dks mijksDr iz;kstu ds fy,

Hkwfe dk vtZu visf{kr gSA

2- Hkwfe vtZu vf/kfu;e] 1894 dh /kkjk&6 ds micU/kksa ds v/khu blls lEcfU/kr lHkh O;fDr;ksa

dh lwpuk gsrq ?kks’k.kk dh tkrh gS vkSj mDr vf/kfu;e dh /kkjk&7 ds micU/kksa ds v/khu Hkw vtZu lekgrkZ]

lryqt ty fo|qr fuxe fyfeVsM] fLFkr fcFky] rglhy dqekjlSu] ftyk f”keyk] fgekpy izns”k dks mDr

Hkwfe ds vtZu ds fy, vkns”k ysus dk ,rn~}kjk funsZ”k fn;k tkrk gSA

2031

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3- Hkwfe ds js[kkad dk fujh{k.k dk;kZy; Hkw&vtZu lekgrkZ] lryqt ty fo|qr fuxe fyfeVsM]

fLFkr fcFky] rglhy dqekjlSu] ftyk f”keyk] fgekpy izns”k esa fd;k tk ldrk gSA

fooj.kh

ftyk

rglhy

xzke

[kljk uEcj

jdok ¼ch?kkasa esa½

e.Mh

djlksx

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la0 ih0ch0MCY;w0¼ch0½,Q¼5½16@2012-&&bl foHkkx }kjk Hkw&vtZu vf/kfu;e&1894 dh /kkjk 6 o

7 ds vUrZxr tkjh lela[;d vf/klwpuk fnukad 19-03-2013 ds vUrZxr xkao yksvj dksVh] rglhy jksgMq]

ftyk f”keyk fgekpy izns”k esa ckbZ ikl esgUnyh ls o[kjhuk lM+d ds fuekZ.k gsrq vftZr dh tk jgh gS

Hkwfe esa Þ[kljk u0 113@1 ds LFkku ij Þ[kljk u0 113@1@1 i<+k tk,sA

blds vfrfjDr xkao cUNwuk] rglhy jksgMq] ftyk f”keyk] fgekpy izns”k es ,d vU; [kljk u0

1878 jdck 0&04&82 gSDV;j ftlls bl foHkkx }kjk fnukad 19-03-2013 dks tkjh dh xbZ /kkjk 4 dh

vf/klwpuk esa Hkw&vftZr fd;k x;k gS dks fnukad 19-03-2014 dks tkjh dh v/kflwpuk /kkjk 6 o 7 esa [kljk

u0 1878 jdck 0&04&82 gSDV;j “kkfey le>k tk,s o fdrk 12 jdck 0&25&58 gSDV;j i<+k tk,s A

vkns'k }kjk]

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iz/kku lfpo ¼yksd fuekZ.k½A

&&&&&&&&

TOURISM AND CIVIL AVIATION DEPARTMENT

NOTIFICATION

Shimla-2, the 24^th July, 2014

No.Tsm-A(3)-1/2002-II.—In continuation of this Department’s Notification(s) of even

number dated 26th August, 2013, 6th September, 2013, 4th October, 2013 and 19th May, 2014, the

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Governor, Himachal Pradesh is pleased to nominate following as “Special Invitee” in the H.P.

Tourism Development Board with immediate effect :-

1. Sh.Sudhir Sharma,

Hon’ble Urban Development Minister,

Himachal Pradesh

2. Brig. (Retd.) T.S.Thakur,

Post Master General (Retd.),

R/O Village Kais, District Kullu, HP

By order,

Sd/-

Addl. Chief Secretary (Tourism & CA).

_________

c vnkyr Jh lUr jke 'kekZ] dk;Zdkjh n.Mkf/kdkjh] rglhy jksgM+w] ftyk f'keyk ¼fg0 iz0½

Jh vafdr dk;Fk iq= Jh daoj flag dk;Fk] fuoklh xkao ukjM+w] Mk0 dqbZ] rglhy jksgM+w] ftyk

f'keyk ¼fg0 iz0½

cuke

vke turk

muoku eqdÌek-&nj[okLr tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969 ds vUrxZrA

bl dk;kZy; esa mijksDr izkFkhZ us tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969 ds

vUrxZr izkFkZuk&i= xqtkj dj fuosnu fd;k gS fd mudk tUe fnukad 20&1&1996 dks gqvk gS ijUrq

vKkurko'k tUe frfFk dks xzke iapk;r dqbZ esa ntZ ugha djok;k x;kA blfy, vc mlds uke o tUe

frfFk dks xzke iapk;r dqbZ esa ntZ djus dk vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh dks Hkh Jh vafdr

dk;Fk dk tUe xzke iapk;r dqbZ esa ntZ djus esa fdlh Hkh izdkj dk ,rjkt o mtj gks rks og fnukad

30&7&2014 dks vlkyru ;k odkyru gkftj gks dj fyf[kr o ekSf[kd izLrqr djsaA ;fn mDr rkjh[k

rd dksbZ mtj@,rjkt izLrqr ugha gqvk rks ;g le>k tkosxk fd izkFkhZ dk uke o tUe frfFk uxj

ifj"kn~ esa ntZ djus gsrq dksbZ vkifŸk ugha gS rFkk uke o tUe xzke iapk;r dqbZ esa ntZ djus ds vkns'k

ikfjr dj fn;s tk,axsA

vkt fnukad 17&6&2014 dks gekjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgjA

lUr jke 'kekZ]

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jksgM+w+] ftyk f'keyk ¼fg0 iz0½A

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“THE GENDER SENSITIZATION & SEXUAL HARASSMENT OF WOMEN AT THE HIGH

COURT & SUBORDINATE COURTS OF HIMACHAL PRADESH (PREVENTION,

PROHIBITION AND REDRESSAL) REGULATIONS, 2013”

INDEX

Sr. No.

PARTICULARS

PREAMBLE

CHAPTER-I

PRELIMINARY

1. Short title. Extent and commencement

2. Definitions

3. Prevention of sexual harassment

CHAPTER-II

COMPOSITION & CONSTITUTION OF GENDER SENSITIZATION &

INTERNAL COMPLAINTS COMMITTEE

4. Constitution of the Gender Sensitization & Internal Complaints Committee.

5. Term of Gender Sensitization and Internal Complaints Members.

6. Meetings of the Gender Sensitization & Internal Complaints Committee.

7. Functions of the Gender Sensitization & Internal Complaints Committee.

CHAPTER-III

COMPLAINT AND INQUIRY INTO COMPLAINT

8. Complaint of Sexual Harassment

9. Inquiry into Complaint

10. Inquiry Report.

11. Orders and Inquiry Report

12. Representation

13. Restraint Orde r

CHAPTER-IV

POWERS AND DUTIES

14. Powers of GSICC & Internal Sub-

Committee.

15. Duties.

CHAPTER-V

MISCELLANEOUS

16. Confidentiality

17. Protection of actions taken in good faith.

18. Allocation of funds

19. Regulations not in derogation of any other law.

“THE GENDER SENSITIZATION & SEXUAL HARASSMENT OF WOMEN AT THE HIGH

COURT OF HIMACHAL PRADESH & SUBORDINATE COURTS (PREVENTION,

PROHIBITION AND REDRESSAL) REGULATIONS,2013”

WHEREAS gender discrimination and sexual harassment results in violation of the fundamental

right of a woman to equality under Articles 14 and 15 of the Constitution of India and her right to

life and to carry on any occupation, trade or business which includes a right to a safe environment

free from sexual harassment under Article 19(1)(g) of the Constitution of India;

AND WHEREAS sensitization against discrimination on the basis of gender and the protection

against sexual harassment and the right to work with dignity are universally recognized human

rights by international conventions and instruments such as Convention on the Elimination of all

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Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the

Government of India;

AND WHEREAS it is expedient to make provisions for giving effect to the Constitution of India

and the said Convention for protection of women against sexual harassment at High Court and

Subordinate Courts precincts:-

AND WHEREAS it is necessary to provide for gender sensitization in working environment and

protection against sexual harassment of women at the High Court and Subordinate Courts precincts

and for the prevention and redressal of complaints of sexual harassment and for matters connected

therewith or incidental thereto;

AND WHEREAS according to the decision in Vishaka v. State of Rajasthan rendered by the

Hon'ble Supreme Court in its judgment dated 13 August 1997, in Writ Petition (Crl) No. 666-70/92

it is necessary to provide for the protection of women.

AND WHEREAS in the judgment of the Hon'ble Supreme Court in Medha Kotwal Lele v. Union

of India & Others, rendered on 19 October 2012 reported in (2013) 1 SCC 297, the necessity of

protecting women from any form of indecency, indignity and disrespect in all places (in their

homes as well as outside), is emphasized and it has been directed to provide new initiatives of

education and advancement of women and girls in all spheres of life and the further directions

given in the said judgment including the directions with regard to the need to give directions given

in the said judgment including the directions with regard to the need go give instructions/circulars

by all statutory bodies such as the Bar Associations of State, State Bar Council and the liberty

granted in the said judgment to approach the respective courts and the directions to the courts to

effectively consider the grievances raised in this regard.

AND WHEREAS following upon and in conformity with the above, in Writ Petition (Civil) NO.

162 of 2013, Ms. Binu Tamta & Ors V. High Court of Delhi, the Supreme Court of India appointed

a committee for framing regulations to ensure a safe working environment for women in the

precincts of the Supreme Court, and the said committee having framed regulations to combat the

problem of sexual harassment within the precincts of the Supreme Court of India and for the

redressal of any complaint that may be filed in that regard;

AND WHEREAS the draft regulations being placed before the Court on 03 July 2013 and the

Supreme Court directing for further consideration of the regulations by the parties concerned and

the Attorney General of India;

AND WHEREAS upon consideration of all the views placed before the Court, the Hon'ble

Supreme Court by order dated 17 July 2013 was pleased to approve the said regulations and

authorize the issuance of the same and order the enforcement of the Regulations inter alia having

regard to the aforesaid judgments and in terms of Article 142 of the Constitution of India to render

full and complete justice.

AND WHEREAS now these Regulations are being published as a comprehensive code for

prevention of sexual harassment of women within the precincts of the High Court and Subordinate

Courts of Himachal Pradesh and for redressal of any complaints that may be lodged in the High

Court and Subordinate Courts of Himachal Pradesh.

The High Court of Himachal Pradesh makes the following Regulations:

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CHAPTER-I

PRELIMINARY

SHORT

TITLE,

EXTENT

AND

COMMENCEMENT

(1) These Regulations may be called “The Gender

Sensitization & Sexual Harassment of Women at the High

Court and Subordinate Courts of Himachal Pradesh

(Prevention, Prohibition and Redressal) Regulations,

2013”.

(2) They shall come into force on such date as the Chief

Justice of High Court of Himachal Pradesh may, by

notification in the official Gazette, appoint.

DEFINITIONS

In these Regulations, unless the context otherwise requires –

(a) “Aggrieved woman” means, in relation to the High Court

and Subordinate Courts of Himachal Pradesh, any female, of

any age, whether employed or not, who claims to have been

subjected to any act of sexual harassment by any person in the

High Court or Subordinate Courts of Himachal Pradesh

precincts, but does not include any female who is already

governed by the High Court/Subordinate Courts service

regulations;

(b) “Appropriate Authority” means in relation to the High

Court and Subordinate Courts of Himachal Pradesh, Chief

Justice of High Court or District Judge as the case may be.

Court/District Court Gender Sensitization and Internal

Complaints Committee (GSICC);

(d) “Chief Justice of High Court” in context of the present

Regulations means the sitting Chief Justice of High Court of

Himachal Pradesh.

(e) “District Judge” in context of the present Regulations

means the sitting District Judge of the Civil and Sessions

Divisions in Himachal Pradesh or in his absence the

Additional District Judge of the Civil and Sessions Divisions

in Himachal Pradesh.

(f) “Habitual Respondent” is a person against whom a

previous complaint of the sexual harassment has been

received by the GSICC on earlier occasion, irrespective of

whether the matter was resolved with or without an inquiry

and except where the Respondent has been exonerated in the

previous complaint;

(g) “GSICC” means the High Court and Subordinate Court

Gender Sensitization and Internal Complaints Committee

constituted under Regulation 4;

(h) ”Internal Sub-Committee” menas the sub-committee set

up under Regulation 9;

(i) “Member” means a Member of the GSICC;

(j) “Respondent” means a person against whom the

aggrieved woman has made a Complaint under the present

Regulations;

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(k) “Sexual harassment” includes any one or more of the

followings unwelcome acts or behavior (whether directly or

by implication) namely:-

(i) physical contact and advances;

(ii) a demand or request for sexual favours;

(iii) making sexually coloured remarks;

(iv) showing or exhibiting pornography and/or sexually

explicit material by any means;

(v) sending undesirable sexually coloured oral or written

messages, text messages,e-mail messages;

or any such messages by electronic, manual or other

means;

(vi) Stalking or consistently following aggrieved woman in

the High Court or Sub- ordinate Court of HP and outside;

(vii) voyeurism including overt or tactic observation by the

Respondent by any means of the aggrieved woman in her

private moments;

(viii) any conduct whereby the Respondent takes advantage of

his position and subjects the aggrieved woman to any

form of sexual harassment and seeks sexual favours

specially while holding out career advancements whether

explicitly or implicitly, as an incentive or a natural result

of submitting to the insinuations/ demands of the

Respondent.

(ix) any other unwelcome physical, verbal or non-verbal

conduct of sexual nature.

(x) implied or explicit promise of preferential treatment in her

legal career;

(xi) implied or explicit threat of detrimental treatment in her

legal career;

(xiii) interferes with her work or creating an intimidating or

offensive or hostile work environment for her; or

(xiv) any treatment having a sexual colour or content likely to

affect her emotional and/or physical health or safety.

(l) “Subordinate Judge” means the Civil Judge(Sr.

Division)/(Jr.Division) of the Subordinate Court.

(m) “High Court and Subordinate Court of HP precincts”

means the whole premises of the High Court including the

Court Block, Open Grounds, Parking, Old and New Chamber

blocks, libraries, canteen, bar room health centres and /or any

other part of the premises under the control of the Hon'ble the

Chief Justice/District Judge/Civil Judge of High Court/District

Court/Subordinate Court as the case may be;

(n) “Volunteer” means lawyers or other persons enlisted by

the GSICC without any remuneration basis for carrying out

the objects and purpose of these Regulations.

Prevention of Sexual

harassment

No woman shall be subjected to sexual harassment at the High

Court and Subordinate Courts of HP precincts.

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CHAPTER-II

COMPOSITION & CONSTITUTION OF GENDER SENSITIZATION & INTERNAL

COMPLAINTS COMMITTEE

Constitution

the

Gender Sensitization &

Internal

Complaints

Committee

(1) The High Court and Subordinate Court(s) of HP of GSICC

is constituted herein to fulfill a very important public function

of sensitizing the public to gender issues and to address any

complaints made with regard to sexual harassment at the High

Court and Subordinate Court(s) precincts.

(2) The Chief Justice of High Court/District Judge of District

Court/Judge of Subordinate Court shall by an order in writing,

constitute a Committee to be known as the “High

Court/District Court/ Subordinate Court Gender Sensitization

and Internal Complaints Committee (GSICC) which shall

consist of not less than 7 members and not more than 13

members and shall include the following as far as practicable:

(a) one or two judges of the High Court/District Court in

terms of the judgment in the case of Vishaka (supra),

one of whom shall be the Chairperson of the Committee,

to be nominated by the Chief Justice/District Judge as

the case may be.

(b) one or two senior members of the Bar, with at least

20 years of membership of the Bar Association or the

Advocates-on-Record Association to be nominated by

the Hon'ble Chief Justice/District Judge or Subordinate

Judge, one of them being a woman;

of the Bar Association who shall be registered member

of the Bar Association for at least 10 years out of whom

at least one shall be a woman;

(d) one woman member being a member of the

Association

elected

General

Ballot

the

Association;

(e) at least one and at the most two outside members to

be nominated by the Chief Justice/District Judge/

Subordinate Judge of High Court/District Court/

Subordinate Court person who are associated with the

Social

Welfare

Department

non-government

organization having experience in the field of social

justice women empowerment, and /or gender justice, out

of whom at least one member shall be a woman;

(f) one woman officer in the service of the High

Court/District Court/ Subordinate Court not below the

rank

Deputy

Registrar

High

Court/

Superintendent

Gr.

the

District

Court/

Superintendent Gr. II of the Subordinate Court to be

nominated by the Hon'ble Chief Justice of High

Court/District Judge of District Court/Subordinate Judge

of Subordinate Court, who shall function as the Member

Secretary of the GSICC; and

(g) any other member that the Chief Justice/District

Judge/ Subordinate Judge of High Court/District Judge/

Subordinate Judge may deem fit to nominate.

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Provided that it shall be ensured that the majority

of the members of GSICC shall be woman members.

(4) The outside Member appointed under Clause 4(2)(f) shall

be paid such fees or allowances from the allocated funds for

holding the proceedings of the GSICC as may be prescribed.

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

(a) has been convicted for an offence or an inquiry into an

offence under any law for the time being in force is pending

against him/her;

(b) fails to constitute an Internal sub-Committee to inquire

into a particular Complaint;

(d) contravenes or attempts to contravene or abets

contravention of other provisions of these Regulations or any

notifications/orders issued thereunder; or

(e) in the opinion of the Chief Justice of High Court/District

Judge of the District Court/Subordinate Judge of Subordinate

Court has so abused his/her position as to render his/her

continuance in office prejudicial to the exercise of functions

of the GSICC; such chairperson or Member, as the case may

be, shall stand removed forthwith from the GSICC by a

written order of the Chief Justice of High Court/ District

Judge of District Court/Subordinate Judge of Subordinate

Court and the vacancy so created shall be filled by fresh

nomination/ election in accordance with the provisions of

these Regulations.

Term of Gender &

Internal

Complaints

Committee Members

The terms of each member of the GSICC shall be for two

years, subject to the members being elected/nominated for a

maximum period of two terms, and a member who has been

removed under Regulation 4(5) shall not be eligible for re-

nomination or re-election.

Meeting of the Gender

Sensitization &

Internal Complaints

Committee

(1) The GSICC shall meet at least once in four months in a

calendar year.

(2) Members shall be intimated of meetings and agenda in

writing and /or by electronic communication by the

Member Secretary.

(3) Minutes of all meetings shall be recorded, confirmed and

adopted.

The Member Secretary shall circulate the minutes of a

meeting and the Resolution so passed to all Members of

the GSICC within 7 days of the holding of the meeting or

the passing of the Resolution.

(4) The Ordinary Meeting shall be called by the Chairperson

with minimum seven days notice to all members.

Any member of the GSICC may at any time request the

Chairperson to call an Emergency Meeting with a notice of

Forty- Eight hours. However, this will not prevent the

Chairperson to call an Emergency Meeting with a notice of

Forty – Eight hours. However, this will not prevent the

Chairperson from convening an emergency meeting

without 48 hours notice.

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(6) The quorum for all Meetings shall be one-third of the

members of the GSICC. In the event, the quorum is not

completed for any meeting, an adjourned meeting shall be

held within the next 10 days following, for which no

quorum shall be required.

(7) All options shall be carried by a simple majority of those

present and voting at all meetings, except where it is

specifically provided for.

Whenever a Complaint is received or a Report of the

Internal sub-Committee is submitted, the Member-

Secretary shall within a period of 7 days request the

Chairperson to call either an Ordinary or Emergency

Meeting to take action on the same, and the Chairperson

shall call a meeting for this purpose not later than 15 days

from the date of the Complaint or the Report.

If a member does not attend 3 consecutive meetings

he/she shall be liable to removal forthwith by the Chief

Justice/District Judge/Subordinate Judge, and the vacancy

so created shall be filled in accordance with Regulation.

Functions

the

Gender Sensitization &

Internal

Complaints

Committee

(1) GSICC shall be responsible for framing a Policy from time

to time and its implementation with regard to gender

sensitization and prevention and redressal of Sexual

Harassment in the High Court and Subordinate Court in

Himachal Pradesh.

(2) Gender Sensitization and Orientation:GSICC shall take the

following steps with regard to gender sensitization and

orientation:

(i) GSICC will ensure the prominent publicity of the Policy

on gender sensitization and prevention and redressal of

Sexual Harassment in the High Court and Subordinate

Courts in Himachal Pradesh in all places in the High

Court and Subordinate Court precincts such as Court

Building, old and new chamber Blocks, library, health

centre, canteens bar room etc.

(ii) GSICC will organize programmes for the gender

sensitization of the High Court and Subordinate Courts

in HP community through workshops, seminars, posters,

film shows, debates, displays etc.

(iii) GSICC shall submit an Annual Report by December 31

every

year

the

Chief

Justice/District

Judge/Subordinate Judge, which shall be made public

outlining the activities undertaken by it and charting out

a blueprint for the activities/steps to be taken up in the

following year along with necessary budget allowances

required by it. The GSICC shall include in its Annual

Report the number of cases filed, if any, and their

disposal under these Regulations in the annual report.

(iv) GSICC may enlist the help of NGOs, associations,

volunteers, lawyers, lawyer's bodies, or the concerned

legal services authorities to carry out these programmes.

(v) GSICC will enlist and activate an adequately

representative teams of volunteers and shall ensure the

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widespread publicity of the contact details (both official

and personal) of all its members and volunteers. The

services of such volunteers shall be available at all times

to any aggrieved woman or any person in need of

consultation or guidance. Volunteers will also assist in

the gender sensitization, crisis mediation and crises

management duties of GSICC,but shall not participate in

the task of formal redressal of complaints under these

Regulations and Procedures.

(vi) GSICC will organize and train members and volunteers

to equip them to handle sexual harassment cases

including legal and medical aspects of aid.

(3) Crisis Management and Mediation-GSICC shall ensure

that there is quick and responsive crises management,

counselling and mediation available to all aggrieved

women expeditiously which shall include the following

activities:

(i) GSICC will assist in the mediation of crises arising

out of incidents of sexual harassment at the High

Court and Subordinate Courts of HP precincts.

(ii) No mediation shall conclude without approval of the

GSICC, and the mediated settlement shall be effected

and be enforceable only upto it being duly approved

by the GSICC which shall satisfy itself that the said

mediation settlement is voluntary, fair, unbiased, and

free from any extraneous consideration or influence.

GSICC will coordinate with the High Court or

Subordinate Courts in HP security services to devise

ways and means by which a system of prevention of

and crisis management that is both gender-sensitive

as well as prompt and effective is put in place. It will

maintain regular contact through the Member

Secretary with the High Court or Subordinate Courts'

security services to ensure that in crises arising out of

incidents of sexual harassment, GSICC members,

and/or the volunteers identified by it, shall be

intimated of such incidents without delay.

(4) Complaint Redressal – The GSICC shall ensure that every

complaint of an aggrieved woman is adequately dealt

with in accordance with the established procedure and

with complete sensitivity. The GSICC shall have the

power to inquire into and pass order against the

Respondent/deviant/ delinquent in a compliant made in

relation to any form of sexual harassment in the entire

precincts of the High Court or Subordinate Court as may

be case.

CHAPTER III

COMPLAINT 7 INQUIRY INTO COMPLIANT

COMPLAINT OF

SEXUAL

HARASSMENT

(1) Any aggrieved woman may make a complaint in writing

of sexual harassment at the High Court and Subordinate

Courts precincts to the GSICC through the Member

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Secretary in accordance with the form and procedure so

notified by it.

(2) Where the aggrieved woman is unable to make a

complaint on account of her physical or mental incapacity

or death or for any other reasons, her legal heir or such

other person directly concerned with her interest may

make a complaint under this Regulation.

Inquiry into complaint

(1) On receiving a complaint and upon being satisfied with

regard to the genuineness of the Complaint, the GSICC

shall constitute an Internal Sub – Committee to conduct a

fact finding inquiry, which shall comprise of three

members of the GSICC itself or such other persons as to

be so nominated by the GSICC in its meeting, with

majority members being women, and at least one person

being an outside member.

(2) The internal sub-Committee shall conduct an inquiry and

shall hear and duly record the statements of the aggrieved

woman, the Respondent, and any other person the said

parties wish to examine, subject to the provisions of the

Regulation 13(2), and thereafter it shall prepare a Report

and enclose therein the complete proceedings of the

Inquiry.

(3) The fact finding inquiry into a Complaint shall be

conducted and completed within 90 days of the

Constitution of the Internal Sub-Committee. Provided

that the validity of any inquiry shall not be called into

question upon the inquiry not being completed with the

stipulated period due to reasons beyond the control of the

internal sub-Committee.

Inquiry Report

(1) On the completion of an inquiry under these Regulations,

the Internal sub-Committee shall provide the Inquiry

Report of its findings alongwith the complete record of

the inquiry proceedings including the pleadings and all

the material on record to the GSICC within a period of

ten days from the date of completion of the inquiry and

such Report shall also be made available to the concerned

parties.

(2) Where the Internal sub-Committee arrives at the

conclusion that the allegation against the Respondent has

not been proved, it shall recommend to the GSICC that

no action is required to be taken in the matter.

(3) Where the Internal sub-Committee arrives at the

conclusion that the allegation against the Respondent has

been proved,it shall recommend to the GSICC to take

appropriate action for gender discrimination and/or

sexual harassment.

(4) Upon consideration of the material on record and the

Inquiry Report of the Internal Sub-Committee if more

than two-third of the members of the GSICC differ from

the conclusion of the Internal sub-Committee, the GSICC

shall after hearing the aggrieved woman and Respondent

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in person, record its reasons to so differ and take

consequent action accordingly.

(5) The GSICC shall pass orders either accepting or rejecting

the Inquiry Report of the Internal Sub-Committee and

thereafter pass consequent orders that may be appropriate

and necessary for putting an end to the sexual harassment

and take all steps to secure justice to the victim of sexual

harassment within 45 working days of submission of the

Inquiry Report of the Internal sub-Committee, excluding

the period of holidays, and/or vacation of the High Court

or Subordinate Courts as may be case.

Provided that the validity of the orders of the GSICC

shall not be called into question upon the same not being

passed within the stipulated time.

11.

Orders on Inquiry

Report

(1) Subject to Regulation 9(1) above, the GSICC shall have

the power to pass the following orders to secure justice to

the victim of sexual harassment:

(a) admonition;

(b) admonition with publication of such admonition in

the Court precincts including cause lists and High

Court and Subordinate Courts' website;

manner including, but not limited to, prohibition

from communication with her in any manner such

as phones, messages, electronic means physical or

other means for a specified period; and

(d) Subject to Regulation 11(2) pass all orders,

directions, and/or direct taking steps necessary for

putting an end to the sexual harassment of the

aggrieved woman.

(2) GSICC will also have the power to recommend to the

Chief Justice/District Judge/Civil Judge, as the case may

be, to pass orders against the Respondent including, but

not limited, to the following:

(a) debarment of entry into the High Court or

Subordinate Court precincts for a specified period

extending upto a maximum period of one year; and

(b) in appropriate cases, to recommend filing of a

criminal complaint and/or a disciplinary complaint

before

the

concerned

disciplinary

authority

governing the Respondent (including the concerned

Bar Council) for taking appropriate action, and the

Chief Justice/District Judge/Civil Judge may pass

orders thereon subject to the Regulation 12.

(3) The GSICC shall pass orders on the inquiry Report and/

or shall make recommendations to the Chief Justice/

District Judge/Civil Judge within 45 working days of the

submission of the Inquiry Report, excluding the period of

vacation of the High Court or Subordinate Courts as may

be the case and communicate the same to the parties

forthwith.

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(4) The GSICC and the Internal sub-Committee shall have

the jurisdiction to inquire into a complaint and take any

action thereon notwithstanding that any criminal

complaint or any other complaint under any other

law(including a disciplinary proceeding that any criminal

complaint or any other complaint under any other

law(including a disciplinary proceeding under the

Advocates Act, 1961) may have been filed with respect to

the same complaint/actions.

(5) The orders of the Chief Justice/District Judge/Civil Judge

and the GSICC shall be final and binding on the parties.

Representation

(1) Any person aggrieved by the order passed (or not passed)

the

GSICC

under

Regulation

11(1),

recommendation made by the GSICC to the Chief Justice

under Regulation 11(2), or nonimplementation of such

orders or action may make a representation to the Chief

Justice/District Judge/Subordinate Judge as the case may

be, who shall have the power to set aside or modify the

orders passed or the recommendation made as he may

deem fit, and also have the power to issue such orders or

directions that may be necessary to secure complete

justice to the victim of sexual harassment. The

representation under Regulation 12(1) shall be preferred

within a period of ninety days of the communication of

the order or recommendation.

Restraint Order

(1) On the receipt of a Complaint and during the pendency of

an Inquiry, on a written request made by the aggrieved

woman, the GSICC if it considers it fit and proper may

recommend specific interim measures to be taken in a

signed decision to the Chief Justice/District Judge, who

on receipt thereof may pass such interim orders that may

be required for the personal safety and for safeguarding

the dignity of the aggrieved woman, and both the

aggrieved woman and the Respondent shall be bound by

the same.

(2) Upon disobedience,defiance or violation of the order

passed under clause (1) above by the Respondent, the

GSICC shall close and /or strike off the defence of

Respondent and pass final orders under Regulation 10(5)

and Regulation 11.

CHAPTER IV

POWERS & DUTIES

Powers of GSICC &

Internal sub-

Committee

(1) The GSICC shall have the power to issue circulars/

notifications prescribing its procedure and of the purpose

of carrying out and implementing the provisions of the

present Regulations in their spirit and intent.

(2) The GSICC shall have the power to pass any orders to be

able to carry out the objectives and mandate of the

present Regulations including directing any party or

person to take any suitable action.

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(3) For the purpose of making an inquiry, the GSICC and the

Internal sub-Committee shall have the same powers as

are vested 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 any

person and examining him on oath.

(b) requiring the discovery and production of

documents; and

(4) The GSICC by Resolution to be passed by two – third

majority may remove any member of the Internal sub-

Committee and appoint a new member in his/her place,

only if it is of the view that such a member has acted

prejudicially to the principles of natural-justice, fair play

and has acted with bias in the conduct of the Inquiry.

(5) The GSICC shall at all times have supervisory powers

over the Internal sub-Committee and it may issue

directions to the Internal sub-Committee from time to

time in accordance with the provisions of the present

Regulations.

Duties

The GSICC in coordination with and with the assistance of

the office of the High Court/District Court/Subordinate

Court, as the case may be, shall-

(a) take measures to provide a safe working environment

at the High Court/District Court/Subordinate Court

precincts;

(b) display at any conspicuous place in the High Court/

District Court/ Subordinate Court and on the website,

the penal consequences of sexual harassments and the

order constituting the Internal Committee under the

present Regulations;

District Court/ Subordinate Court and on the website,

the status and outcome of complaints of sexual

harassment;

(d) organize workshops and awareness programmes at

regular intervals of the sensitizing the persons carryout

out work at the High Court/District Court/Subordinate

Court premises with the provisions of the present

Regulations and orientation programmes for the

members of the Internal Committee in the manner as

may be prescribed;

(e) Provide necessary facilities to the Internal sub-

Committee for dealing with the complaint and

conducting an inquiry;

(f) assist in securing the attendance of the respondent and

witnesses before the Internal sub-Committee;

(g) obtain such information for the Internal sub-Committee

as it may require having regard to the complaint;

(h) cause to initiate action, under the Indian Penal Code or

any other law for the time being in force, against the

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Respondent and/or the perpetrator;

(i) monitor the timely submission of reports by the Internal

sub-Committee; and

(j) take any action and/or measures to ensure an effective

and meaningful implementation of the present

Regulations.

CHAPTER V

MISCELLANEOUS

Confidentiality

(1) the contents of the complaint made under the present

Regulations, the identity and addresses of the aggrieved

woman, respondent and witnesses, any information

relating to the inquiry proceedings, recommendations of

the GSICC and the action taken by the GSICC shall be

confidential and shall not be published, communicated or

made known to the public, press and media in any

manner except upon the aggrieved woman submitting a

specific request to do so in writing and upon the GSICC

acceding to the said request.

(2) Upon the Respondent being found guilty, information any

be disseminated regarding the justice secured to any

victim of sexual harassment under these Regulations

without disclosing the name, address, identity or any

other particulars calculated to lead to identification of the

aggrieved woman and witnesses.

Protection of action

taken in good faith

No suit, prosecution or other legal proceedings shall lie

against the Chief Justice/ District Judge/Subordinate

Judge, GSICC and the Internal sub-committee or its

members in respect of anything which is done or intended

to be done in good faith in pursuance of these

Regulations, and the circulars/orders/ notifications issued

thereunder.

Allocation of funds

The Chief Justice, subject to the availability of the

financial and other resources allocate and provide

suitable funds as may be prescribed

(a) for the effective implementation of the present

Regulations;

(b) for development or relevant information, education,

communication and training materials, the organization

for awareness programmes, and for advancement of the

understanding of the public of the provisions of these

Regulations; or

members of the GSICC, Internal sub-Committee,

volunteers, counselors etc.

Regulations

not

derogation of any other

law

(1) The provisions of these Regulations shall be in addition to

and not in derogation of the provisions of any other law

for the time being in force.

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(2) The provisions of the present Regulations shall not bar

any Court from taking cognizance of any offence

punishable under any other enactment or law

BY ORDER

HON'BLE HIGH COURT OF HIMACHAL PRADESH

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