From the most remote corners of the Earth comes the fuel that makes modern life possible.
ACE PIPELINE CONTRACTS PVT. LTD.
POLICY ON SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (POSH)
(Pursuant to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
Ace Pipeline Contracts Private Limited (herein after referred to as “the Company”) established in 1989, Mumbai is committed to provide and maintain safe working environment that ensures every employee is treated with courtesy, dignity and respect and equitable treatment. The Company also believes in promoting a work environment hereby encouraging professional growth of its employees along with equality of opportunity.
This policy applies to all employees of the Company including those employed on contractual basis, engaged or otherwise, at all the workplaces of the company arising out of or during the course of employment. The policy further extends to those who are not employees of the Company, such as customers, visitors, suppliers, etc.
3.2 “employee” means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name;
Explanation. —For the purposes of this sub-clause “management” includes the person or board or committee responsible for formulation and administration of polices for such organisation;
3.3 “sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely :—
4.1 An Internal Complaints Committee (hereinafter called as ‘the Committee’) has been constituted by the Board of Directors of the Company to consider and redress complaints of Sexual Harassment under the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter called as ‘Act’) and as per the provision(s) of any other enactment, if any, for the time being in force in India.
The Committee will comprise of the following members:
4.2 The Committee is responsible for:
Maximum three years from the date of their nomination as may be specified by the employer. Board of Directors have the power to reconstitute the committee from time to time.
A Quorum of three members is required to be present for the proceedings to be conducted in the Committee. The Quorum shall include the Chairperson, at least two members, out of which one Member shall be a woman.
Where the Presiding Officer or any Member of the Internal Committee—
(a) contravenes the provisions of confidentiality; or
(b) 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; or
(c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
(d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.
8.1 The complaint shall be made by the aggrieved women or by her legal heir to Committee, in writing and shall be submitted within 3 months from the date of the incident and for a series of incidents, within a period of 3 months from the date of the last incident.
8.2 1 copies of the complaint along with supporting document including the names and addresses of the witnesses, if any shall be sent either by post or by hand delivery to any of the members of the Committee. A register shall be maintained to endorse the complaints received.
8.3 In case of delay in filing a complaint, and if the Committee is satisfied with the circumstances for the delay, it may extend further the time-limit not exceeding three months for filing a complaint and record the reasons in writing.
8.4 Complaint against any member of the Complaints Committee should be sent directly to the Chairman cum Managing Director of the Company.
9.1 The committee to hold a meeting with aggrieved women or her legal heir within 5 working days from the receipt of complaint. The committee may, before initiating an inquiry and at the request of the aggrieved party, take steps to settle the matter on the basis of conciliation.
Provided that no monetary settlement shall be made as a basis of conciliation.
9.2 Where both the parties arrive on a settlement during conciliation and then copies of such settlement shall be provided to both the parties, and no further inquiry shall be conducted.
9.3 Provided that where the aggrieved woman informs the Committee, that any term or condition of the settlement arrived at the time of conciliation has not been complied with by the respondent, the Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police:
Provided further that where both the parties are employees, the parties shall, during the course of inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.
9.4 Where the allegations constitute an act of sexual harassment, and such conduct, on the part of the accused, amounts to a specific offence under the law, the Company shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
9.5 The Complaints Committee shall conduct such investigations in a timely manner and shall submit a written report containing the findings and recommendations on action to be taken to the “Whistle Officer” appointed by the Company as soon as practically possible and in any case, not later than 90 days from the date of receipt of the complaint. The Whistle Officer, Head Personnel & Administration and the President of the Company will jointly take decision on the corrective action based on the recommendations of the Complaints Committee and keep the complainant informed of the same. Corrective action may include any of the following: a. Formal apology b. Counselling c. Written warning to the perpetrator and a copy of it maintained in the employee’s file. d. Change of work assignment / transfer for either the perpetrator or the victim. e. Suspension or termination of services of the employee found guilty of the offence 6. In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by the Management.
In case the terms of conciliation have not been complied, initiate the action as mentioned below:
The committee will go through the complaint against employee, and initiate a detailed inquiry as deemed fit according to the provisions of service rules. While for complaint against others the committee can forward the complaint to police, within a period of seven days for registering a case under the relevant provisions of the Indian Penal Code.
The committee shall investigate every complaint of sexual harassment and determine the allegation made under the complaint falls under the purview of sexual harassment.
To conduct the inquiry as per the principles of natural justice and in confidential manner.
In cases where compensation is to be paid to aggrieved women, then the committee shall inform to the Management to deduct the said amount from the salary of the respondent and pay to aggrieved women or her legal heir(s).
In case allegation against respondent are concluded to be false/ malicious, the committee may refer to the Management to take action against complaint.
During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may be, may recommend to the employer to— (a) transfer the aggrieved woman or the respondent to any other workplace; or (b) grant leave to the aggrieved woman up to a period of three months; or (c) grant such other relief to the aggrieved woman a may be prescribed. (2) The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled. (3) On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.
—(1) On the completion of an inquiry under this Act, the Internal Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties. (2) Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter.
(3) Where the Internal Committee or the Local Committee, as the case may be, 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— (i) to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed; (ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15: Provide that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman: Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the Internal Committee or as, the case may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer. (4) The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him
(2) Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter.
Any amendment in the provisions of the Act shall be incorporated in this Policy with the prior approval of the Board from time to time. The amended/modified Policy shall be disseminated to all the employees of the Company, post the approval of the Board.
The Company will take reasonable steps to ensure prevention of sexual harassment at workplace which may include circulating applicable policies and other relevant information to all employees including new joinees.
The Committee shall prepare and submit a report detailing the number of complaints received, resolved, the course of action along with the preventive actions taken, annually to the Board of Directors of the Company at the end of every financial year.
All employees of the Company have a personal responsibility to ensure that their behavior is not contrary to this policy. All employees are encouraged to reinforce the maintenance of a work environment free from sexual harassment.
This policy will come into force with immediate effect.
All records of the complaints, including contents of meetings, results of investigation and other relevant material shall be kept confidential, except where disclosure is required under disciplinary or other remedial process.