POSH Act Section 29 — Power of appropriate Government to make rules

CHAPTER VIII MISCELLANEOUS

Service / Employment

Summary

Sub-section (1) gives the Central Government the power to make rules for carrying out the provisions of this Act, and these rules must be published through a notification in the Official Gazette.

Sub-section (2) lists the specific matters for which such rules may be made, without limiting the general power given in sub-section (1). These matters are: (a) the fees or allowances to be paid to Members under sub-section (4) of section 4; (b) the nomination of members under clause (c) of sub-section (1) of section 7; (c) the fees or allowances to be paid to the Chairperson and Members under sub-section (4) of section 7; (d) the person who may make a complaint under sub-section (2) of section 9; (e) the manner of inquiry under sub-section (1) of section 11; (f) the powers for making an inquiry under clause (c) of sub-section (2) of section 11; (g) the relief to be recommended under clause (c) of sub-section (1) of section 12; (h) the manner of action to be taken under clause (i) of sub-section (3) of section 13; (i) the manner of action to be taken under sub-sections (1) and (2) of section 14; (j) the manner of action to be taken under section 17; (k) the manner of appeal under sub-section (1) of section 18; (l) the manner of organising workshops, awareness programmes for sensitising employees, and orientation programmes for members of the Internal Committee under clause (c) of section 19; and (m) the form and time for preparation of the annual report by the Internal Committee and the Local Committee under sub-section (1) of section 21.

Sub-section (3) requires that every rule made by the Central Government under this Act must be laid before each House of Parliament as soon as possible after it is made, while Parliament is in session, for a total period of thirty days. This thirty-day period may be spread across one session or two or more successive sessions. If, before the expiry of the session immediately following the session or successive sessions, both Houses agree to modify the rule or agree that the rule should not be made, then the rule will have effect only in its modified form or will have no effect, as the case may be. However, any such modification or annulment will not affect the validity of anything already done under that rule.

Sub-section (4) requires that any rule made by the State Government under sub-section (4) of section 8 must be laid before each House of the State Legislature where the legislature has two Houses, or before the single House where the legislature has only one House, as soon as possible after the rule is made.

Official Text

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the fees or allowances to be paid to the Members under sub-section (4) of section 4;

(b) nomination of members under clause (c) of sub-section (1) of section 7;

(c) the fees or allowances to be paid to the Chairperson, and Members under sub-section (4) of section 7;

(d) the person who may make complaint under sub-section (2) of section 9;

(e) the manner of inquiry under sub-section (1) of section 11;

(f) the powers for making an inquiry under clause (c) of sub-section (2) of section 11;

(g) the relief to be recommended under clause (c) of sub-section (1) of section 12;

(h) the manner of action to be taken under clause (i) of sub-section (3) of section 13;

(i) the manner of action to be taken under sub-sections

(1) and

(2) of section 14;

(j) the manner of action to be taken under section 17;

(k) the manner of appeal under sub-section (1) of section 18;

(l) the manner of organising workshops, awareness programmes for sensitising the employees and orientation programmes for the members of the Internal Committee under clause (c) of section 19; and

(m) the form and time for preparation of annual report by Internal Committee and the Local Committee under sub-section (1) of section 21.

(3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(4) Any rule made under sub-section (4) of section 8 by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

Sections referred to

Referred to by

Related Judgments

  • INITIATIVES FOR INCLUSION FOUNDATION & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2023)
  • AURELIANO FERNANDES vs STATE OF GOA AND OTHERS — Supreme Court of India (2023)
  • PUBLIC INTEREST LITIGATION NO. 61 OF 2024; Akhil Bharatiya Samajwadi; vs State of Maharashtra & Ors — Bombay High Court (Mumbai Principal Seat) (2024)
  • FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) vs UNION OF INDIA AND OTHERS — Supreme Court of India (2019)