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

Section 29 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Power of appropriate Government to make rules

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 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 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.

Legal Commentary & Landmark Judgments: Section 29

Section 29 delegates subordinate legislative power to the Central Government to frame rules for carrying out the provisions of the POSH Act, prescribing the procedural contours of inquiries, service conditions, allowances, annual reporting formats, and mandating compulsory laying before Parliament.

General Delegated Rule-Making Power: Sub-section (1) empowers the Central Government, by official gazette notification, to enact rules for carrying out all the purposes and substantive provisions of the Act.
Enumerated Statutory Heads under Sub-section (2): Without prejudice to general powers, specifically authorizes rules regarding: (a) fees and allowances for LC members under Section 7(4); (b) nomination criteria for NGO members; (c) conciliation and inquiry procedures under Sections 10 and 11; (d) interim reliefs under Section 12; (e) annual report format and timelines under Section 21.
Mandatory Parliamentary Laying Requirement: Sub-section (3) mandates that every rule made under this section shall be laid before each House of Parliament while in session for a total period of 30 days, preserving legislative supremacy and the power of Parliament to modify or annul subordinate rules.

Key Landmark Precedents:

Aureliano Fernandes v. State of Goa (2023) 14 SCC 566: The Supreme Court examined the operational mechanics of the Sexual Harassment of Women at Workplace Rules, 2013 framed under Section 29, holding that the procedural timelines (such as 90-day inquiry period) and natural justice requirements prescribed in the Rules are binding.
Kerala Samsthana Chethu Thozhilali Union v. State of Kerala (2006) 4 SCC 327: The Supreme Court established that subordinate legislation framed pursuant to a statutory rule-making power must strictly conform to the policy and framework of the parent statute and cannot travel beyond its legislative boundaries.
Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2014 SCC OnLine Bom 814): The High Court affirmed that rules framed under Section 29 carry the full force of statutory law, and failure by an inquiry committee to follow procedural rules renders the inquiry report legally vulnerable.

Courtroom Practice & Strategic Litigation Guidance:

In POSH litigation, always read substantive sections together with the corresponding 2013 Rules (e.g. Section 11 with Rule 7 for inquiry procedures; Section 7 with Rule 3 for allowances; Section 21 with Rule 14 for annual reports); challenge any executive office memorandum or administrative guideline that conflicts with the statutory rules laid before Parliament under Section 29.

Section 29: Power of appropriate Government to make rules

Section 29 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Power of appropriate Government to make rules

Legal Commentary & Landmark Judgments: Section 29