Original statutory wording · G.S.R. 769(E)
Official Rule Text
Except in cases where service rules exist, where the Complaints Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be, to take any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service or undergoing a counselling session or carrying out community service.
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 13(3)(i) addresses action following a finding that the allegation has been proved: it refers to the respondent’s service rules or, where those rules have not been made, the prescribed manner. Rule 9 opens by excluding cases where service rules exist.
The actions listed include a written apology, warning, reprimand or censure; withholding promotion, pay rise or increments; termination from service; a counselling session; or community service. This is a list within the stated legal framework, not a direction to impose every listed measure or the same measure in every case.
The Committee’s recommendation goes to the employer or District Officer as applicable. The Rule concerns the action following the required finding; it does not treat an allegation alone as proof of misconduct.
Compensation is a separate issue under Section 13(3)(ii) and Section 15. The financial assessment under those provisions should not be inserted into Rule 9’s list as though it were the same statutory measure.
Practical Significance
The inquiry finding, the governing service-rule framework, the Committee’s recommendation and the action that follows are separate parts of the process. Rule 9 concerns a specified part of that chain.
Scope, Conditions and Safeguards
- A proved allegation and the absence of relevant service rules are material to Rule 9’s stated application.
- The listed actions are not automatic consequences of filing a complaint or of an allegation being made.
- Compensation under Sections 13 and 15 requires separate consideration under those provisions.
Related POSH Act Provisions
- Act Section 13 — Section 13(3)(i): action following a proved allegation within the service-rule or prescribed framework
- Act Section 15 — Separate compensation considerations under Section 13(3)(ii)
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.