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[Cites 0, Cited by 0] [Section 14] [Entire Act]

Union of India - Subsection

Section 14(3) in The Industrial Employment (Standing Orders) Central Rules, 1946

(3)The following acts and omissions shall be treated as misconduct :-
(a)wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior;
(b)theft, fraud or dishonesty in connection with the employers' business or property;
(c)wilful damage to or loss of employers' goods or property;
(d)taking or giving bribes or any illegal gratification;
(e)habitual absence without leave or absence without leave for more than 10 days;
(f)habitual late attendance;
(g)habitual breach of any law applicable to the establishment;
(h)riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;
(i)habitual negligence or neglect of work;
(j)frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent. of the wages in a month;
(k)striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.
(l)[ Sexual harassment which includes such un-welcome sexually determined behaviour (whether directly or by implication) as-- [Inserted by G.S.R. 386, dated 5.11.1999 (w.e.f. 20.11.1999)]
(i)physical contact and advances; or
(ii)a demand or request for sexual favours; or
(iii)sexually coloured remarks; or
(iv,) showing pornography; or
(v)any other un-welcome physical, verbal or non-verbal conduct of sexual nature:]
[Provided that where there is a complaint of sexual harassment within the meaning of clause (1) of sub-paragraph (3), the Complaints Committee constituted under sub-paragraph (3-B) in each establishment for inquiring into such complaints, shall, notwithstanding anything contained in paragraph 15, be deemed to be the inquiring authority appointed by the employer for the purpose of these rules.(3-A) The Complaints Committee shall hold the inquiry, unless separate procedure has been prescribed for the Complaints Committee for holding such inquiry into the complaints of sexual harassment, as far as practicable, in accordance with the procedure laid down in these rules.(3-B) The Complaints Committee shall consist of-
(a)a Chairperson who shall be a woman;
(b)two members representing Non-Governmental Organisation (NGO) or any other body which is familiar with the issue of sexual harassment or nominees of the National or State Human Rights Commission or the National or State Commission for Women familiar with the issue of sexual harassment, to be nominated by the employer:
Provided that one of the two members of the Complaints Committee shall be a woman.(3-C) The Complaints Committee shall make and submit every year an annual report, to the appropriate Government, of the complaints and action taken.(3-D) The employers or their agents shall report, to the appropriate Government, on the compliance of the guidelines issued by the Central Government in pursuance of the directions of the Supreme Court in Writ Petition (Criminal) Nos. 666-670 of 1992 [Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241: 1997 S.C.C. (Crl.) 932] including on the reports of the Complaints Committee.] [Inserted by Notification No. G.S.R. 25(E), dated 19.1.2006 (w.e.f. 18.12.1946)]