Regulation 78A - Prohibition of Sexual Harassment of Women Employee at Work Place - Securities And Exchange Board Of India (Employees' Service) Regulations, 2001

1 [Prohibition of Sexual Harassment of Women Employee at Work Place 78A. (1) No employee shall indulge in, any act of sexual harassment of any women employee at the work place. (2) For the purpose of sub-regulation (1), sexual harassment shall mean unwelcome sexually determined behaviour, whether directly or by implication, including:- (a) physical contact and advances; (b) a demand or request for sexual favours; (c) sexually coloured remarks: (d) showing pornography; or (e) any other unwelcome 'physical, 'verbal, or non-verbal conduct of a sexual nature, (3) Any complaint of violation of sub-regulation (1) shall be dealt by the Complaints Committee set up by the Board, which shall (i) be chaired by a workman; (ii) consist of at least one outsider who is familiar with the issue of sexual harassment; and (iii) be composed in such a manner that at least one half of its members are women. (4) The Complaints Committee may evolve its own procedure for dealing with complaints received by it. (5) Without prejudice to the provisions contained in sub-regulation (4), where the Complaints Committee is of the opinion that the complaint is motivated or frivolous, it may close the complaint under intimation to the complainant and the Board. (6) When the Complaints Committee is of the opinion that there are grounds for inquiring into the truth of any such complaint, it shall initiate an inquiry into the truth thereof, after recording the reasons therefor. (7) Any inquiry initiated by the Complaints Committee under sub-regulation (6) pursuant to any such complaint shall be deemed to be an inquiry within the meaning of regulation 80 and accordingly. (i) the Complaints Committee shall be deemed to be an inquiry officer appointed with respect to such complaint and shall have all the powers, functions and duties of an inquiry officer as provided in that regulation; (ii) the proceedings shall be held, as far as may be, in accordance with that regulation, subject to the following modifications, namely:- (a) that the charges shall be framed and communicated to the employee by the Complaints Committee (instead of the competent authority) under sub-regulation (3) thereof; and (c) the written statement of defence of the employee shall be sent to the Complaints Committee (instead of to the competent authority). (iii) the findings of the Complaints Committee shall be in the form of a report, which complies with the requirements of sub-regulation (21) of regulation 80 and such report shall be deemed to be an inquiry report for the purposes of these regulations: (8) Nothing contained in this regulation shall be construed to prejudice the powers of the Complaints Committee to provide counseling or other support service.] ************** NOTES:- 1 Inserted by SEBI (Employees' Service) (Amendment) Regulations, 2007, w.e.f. 11-4-2007.