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Complaints, inquiry and procedural consequences

Rule 7 — Manner of inquiry into complaint

Rule 7 prescribes inquiry steps and safeguards, subject to Section 11, covering materials, replies, fairness, absence and Committee presence.

Official Rule TextPlain-English Explanation

Original statutory wording · G.S.R. 769(E)

Official Rule Text

(1) Subject to the provisions of section 11, at the time of filing the complaint, the complainant shall submit to the Complaints Committee, six copies of the complaint along with supporting documents and the names and addresses of the witnesses.

(2) On receipt of the complaint, the Complaints Committee shall send one of the copies received from the aggrieved woman under sub-rule (1) to the respondent within a period of seven working days.

(3) The respondent shall file his reply to the complaint along with his list of documents, and names and addresses of witnesses, within a period not exceeding ten working days from the date of receipt of the documents specified under sub-rule (1).

(4) The Complaints Committee shall make inquiry into the complaint in accordance with the principles of natural justice.

(5) The Complaints Committee shall have the right to terminate the inquiry proceedings or to give an ex-parte decision on the complaint, if the complainant or respondent fails, without sufficient cause, to present herself or himself for three consecutive hearings convened by the Chairperson or Presiding Officer, as the case may be:

Provided that such termination or ex-parte order may not be passed without giving a notice in writing, fifteen days in advance, to the party concerned.

(6) The parties shall not be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the Complaints Committee.

(7) In conducting the inquiry, a minimum of three Members of the Complaints Committee including the Presiding Officer or the Chairperson, as the case may be, shall be present.

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 11 provides the inquiry framework, including the role of service rules applicable to an employee respondent and the prescribed manner where no such rules exist. Rule 7 begins expressly subject to that section; the Rules should not be treated as displacing the Act or every applicable service-rule requirement.

Complaint materials — Rule 7(1): the original 2013 wording calls for six copies of the complaint, supporting documents, and the names and addresses of witnesses at filing. This is the original legal text, not a statement that every present-day official digital channel uses the same paper-submission format. Any current administrative filing directions require separate verification.

Communication — Rule 7(2): on receiving the complaint, the Committee must send one of the copies received under sub-rule (1) to the respondent within seven working days. This is the Committee’s communication obligation, distinct from the respondent’s reply period.

Reply — Rule 7(3): the respondent’s reply includes a list of documents and witness names and addresses. It must be filed within a period not exceeding ten working days from receipt of the documents specified in sub-rule (1). Both the stated receipt trigger and ‘working days’ matter.

Fairness — Rule 7(4): the inquiry must follow natural justice. The communication and reply provisions form part of a process that allows the parties’ positions to be considered; the Rule does not prejudge the complaint’s outcome.

Absence — Rule 7(5): the stated power to terminate the inquiry or decide ex parte concerns a complainant or respondent failing, without sufficient cause, to attend three consecutive hearings convened by the Chairperson or Presiding Officer. Even then, the proviso requires written notice fifteen days in advance to the party concerned before the specified termination or ex-parte order.

Representation and presence — Rules 7(6) and (7): the original Rule does not allow parties to bring a legal practitioner to represent them before the Committee, and requires at least three Committee members, including the Presiding Officer or Chairperson as applicable, to be present while conducting the inquiry. Any claimed judicial qualification to these provisions needs its own primary authority and current legal review.

Practical Significance

The filing materials, Committee communication, respondent reply, hearing process and absence safeguards have different actors and triggers. Keeping them separate helps prevent a missed deadline or hearing from being treated as an automatic finding.

Scope, Conditions and Safeguards

  • Seven and ten are working-day periods in sub-rules (2) and (3). The fifteen-day advance-notice proviso is not written as fifteen working days.
  • One missed hearing is not three consecutive hearings without sufficient cause. Meeting the absence condition does not remove the advance written-notice requirement or the natural-justice obligation.
  • A three-member minimum includes the Presiding Officer or Chairperson; it is not a separate method for constituting the Committee under the Act.
  • The paper-copy wording does not, by itself, settle the operation of a current official digital filing channel.

Rule 7 Procedural Safeguards Map

PIH editorial visualisation of related provisions; this is not an official legal sequence or a prediction of outcome.

  1. Complaint materials · Rule 7(1)Original 2013 wording: six copies, supporting documents and witness names and addresses; subject to Section 11. Current official filing directions need separate consideration.
  2. Communication · Rule 7(2)The Committee sends a copy to the respondent within seven working days of receiving the complaint.
  3. Reply · Rule 7(3)The respondent files a reply, document list and witness names and addresses within a period not exceeding ten working days from receipt of the documents specified in sub-rule (1).
  4. Inquiry · Rules 7(4) and (6)Natural justice applies. The original Rule does not allow parties to bring a legal practitioner to represent them before the Committee.
  5. Absence safeguards · Rule 7(5)Three consecutive hearings missed without sufficient cause; written notice fifteen days in advance to the party concerned before the specified termination or ex-parte order. No automatic outcome follows from one missed hearing.
  6. Committee presence · Rule 7(7)At least three members, including the Presiding Officer or Chairperson as applicable, must be present while conducting the inquiry.

Related POSH Act Provisions

  • Act Section 11 — Section 11(1): inquiry and applicable service rules; Rule 7 is expressly subject to Section 11
  • Act Section 9 — Complaint framework
  • Act Section 16 — Disclosure and publication restrictions

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.