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Section 30: Power to remove difficulties

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 • Official Statutory Text & Practice Guide

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Section 29 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Legal Commentary & Landmark Judgments: Section 30

Section 30 incorporates a statutory Henry VIII clause empowering the Central Government to make orders to remove operational difficulties arising in giving effect to the POSH Act, strictly conditioned by a mandatory two-year sunset clause and parliamentary oversight.

  • Executive Power to Remove Operational Difficulties: Sub-section (1) empowers the Central Government, by order published in the Official Gazette, to make such provisions, not inconsistent with the Act, as appear necessary for removing administrative or practical difficulties.
  • Strict Two-Year Statutory Sunset Limitation: The proviso to sub-section (1) explicitly commands that no such removal of difficulties order shall be made after the expiry of two years from the commencement of the Act (i.e., sunset expired on December 8, 2015).
  • Compulsory Parliamentary Scrutiny: Sub-section (2) obligates the Central Government to lay every order made under this section before each House of Parliament, preserving legislative oversight over executive modifications.
Key Landmark Precedents:
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: A Constitution Bench held that a 'removal of difficulties' clause cannot be used by the executive to alter, amend, or rewrite the substantive policy of the enactment; its sole purpose is to iron out minor administrative creases in bringing the statute into operation.
  • Central Arecanut & Cocoa Marketing & Processing Co-op Ltd. v. State of Karnataka (1997) 8 SCC 31: The Supreme Court ruled that any executive order issued under a removal of difficulties clause after the expiry of the statutory sunset period is ultra vires, null, and void ab initio.
  • Aureliano Fernandes v. State of Goa (2023) 14 SCC 566: The Supreme Court observed that where systemic operational deficits persist after the expiration of statutory executive powers under Section 30, the judiciary must step in under Article 142 to issue binding remedial guidelines ensuring the Act's functional efficacy.
Courtroom Practice & Strategic Litigation Guidance:

In challenges against government circulars or administrative modifications to POSH procedures issued after December 2015, assert that the executive cannot invoke Section 30; any post-2015 substantive modification must be made either through formal statutory rules under Section 29 laid before Parliament or through parliamentary amendment.

Section 29 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013