Original statutory wording · G.S.R. 769(E)
Official Rule Text
Subject to the provisions of section 17, if any person contravenes the provisions of section 16, the employer shall recover a sum of five thousand rupees as penalty from such person.
Original Central Rules: G.S.R. 769(E), 9 December 2013. Ministry of Women and Child Development, Government of India. Source version: G.S.R. 769(E), dated 9 December 2013; Gazette of India, Part II, Section 3(i); English text, Gazette pages 4–6 (PDF pages 1–3 of the Ministry extract).
Ministry Gazette copy (PDF) · Government-hosted comparison copy (PDF)
Heading separators, line wrapping and indentation are adapted for screen reading. Source-printing anomalies are preserved and identified in separate PIH transcription notes; those notes are not part of the statutory text.
Official wording and PIH editorial explanation are separate layers. This reference provides general legal information; a particular employment relationship, complaint or inquiry may require qualified advice.
PIH editorial guidance · separate from statutory text
Plain-English Explanation
Section 16 restricts publication or making known complaint contents, identities and addresses, and information about conciliation, inquiry, recommendations and resulting action to the public, press and media. Its proviso separately addresses information about justice secured without the identifying particulars described there.
Section 17 identifies the penalty framework for a person entrusted with handling or dealing with a complaint, inquiry, recommendations or resulting action who contravenes Section 16. It first refers to the service rules applicable to that person and, where none exist, the prescribed manner.
Rule 12 is expressly subject to Section 17. Its original text directs the employer to recover ₹5,000 as penalty from the person concerned. Read with the Act, it should not be presented as a blanket charge against every person or for every internal communication.
Legally necessary process communications must be distinguished from prohibited disclosure. Section 26’s separate employer non-compliance provisions are not the source of the Rule 12 amount.
Practical Significance
The information disclosed, the person’s entrusted role and the applicable service rules are material to the statutory framework. The amount alone does not explain the provision’s scope.
Scope, Conditions and Safeguards
- The original Rule’s ₹5,000 recovery provision is subject to Section 17; it is not interchangeable with Section 26 penalties.
- A required communication in the statutory process and disclosure to the public, press or media are different contexts.
- This page does not invite readers to disclose complaint records, identify participants or make public accusations about a confidentiality breach.
Related POSH Act Provisions
- Act Section 16 — Restrictions on disclosure and publication
- Act Section 17 — Entrusted persons and the applicable service-rule or prescribed penalty framework
Related Rules
Professional Guidance
For a particular matter, seek qualified professional or official guidance. Do not submit complaint details or medical information through this reference.