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Rules 8 and 10-12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013: other relief, false complaint, appeal and confidentiality penalty

Rule 8: on the aggrieved woman's written request, the committee may recommend restraining the respondent from reporting on her work or writing her confidential report, and in an...

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POSH Compliance
Published
October 2, 2026
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Oct 13, 2026
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Last updated: October 2026Verified against: Government sources

Four of the Rules carry out specific sections of the Act. Rule 8 adds two forms of relief during an inquiry (section 12), Rule 10 deals with action for a false or malicious complaint (section 14), Rule 11 names the appellate authority (section 18), and Rule 12 sets a penalty of five thousand rupees for breach of confidentiality (sections 16 and 17). For help with disputes arising from any of them, see our legal dispute resolution service.

Source and names

This article follows the copy of the Rules consulted (the Rules as notified on 9 December 2013, G.S.R. 769(E)); check the current Rules. The Rules implement the Act, cited from the consolidated text consulted (it shows one amendment, Act 23 of 2016, with effect from 6 May 2016); later amendments and notifications should be checked. The Rules use "Complaints Committee" for the Internal Committee or the Local Committee (Rule 2(c)). Rule 11 names the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), quoted as printed; check the current labour law for the corresponding provision. The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.

Rule 8: other relief to the complainant during pendency of inquiry

Rule 8 implements section 12(1)(c), which lets the committee recommend "such other relief to the aggrieved woman as may be prescribed". The copy reads: "The Complaints Committee at the. written request of the aggrieved woman may recommend to the employer to-" (the full stop after "the" is a printing slip). Two things are listed:

  • (a) restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report, and assign the same to another officer;
  • (b) restrain the respondent, in the case of an educational institution, from supervising any academic activity of the aggrieved woman.

Both depend on her written request, as section 12(1) does. As in section 12(3), the employer shall implement a recommendation under section 12(1); see our article on section 12.

Rule 10: false or malicious complaint or false evidence

Rule 10 is headed "Action for false or malicious complaint or false evidence" and implements section 14. Its text says: "Except in cases where service rules exist" (the copy prints "eases"), where the Complaints Committee concludes that the allegation is malicious, or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false, or has produced any forged or misleading document, "it may recommend to the employer or District Officer, as the case may be, to take action in accordance with the provisions of rule 9".

Three points about what the rule covers and does not cover.

  1. It sends the reader to Rule 9. The actions available where there are no service rules are those listed in Rule 9.
  2. Its text deals only with the complaint and the complainant's document. Despite the words "or false evidence" in the heading, the text says nothing on a witness, which is the subject of section 14(2).
  3. It prints no procedure. The second proviso to section 14(1) speaks of malicious intent being established after an inquiry "in accordance with the procedure prescribed". Rule 10 prints no such procedure, and we give none.

See our article on section 14, which also covers the proviso that a mere inability to substantiate a complaint need not attract action.

Rule 11: appeal

Rule 11 implements section 18(1), where there are no service rules. It reads: "Subject to the provisions of section 18, any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clauses (i) or clause (A) of subsection (3) of section 13 or sub-section (I) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the appellate authority notified under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)."

Printing slips in the copy: "clauses (i) or clause (A)" where the gazette scan reads "clause (ii)", and "(I)" for "(1)". We flag them and do not correct them. The rule lists the same recommendations as section 18(1): section 13(2) and section 13(3) clauses, section 14(1) and (2), section 17, and non-implementation. The forum is "the appellate authority notified under" the clause of the 1946 Act that the rule names. The Rules copy prints nothing on which authority that is in any State, how to file, any form or any fee. The ninety days in section 18(2) are not repeated in Rule 11; see our article on section 18.

Rule 12: penalty for contravention of section 16

Rule 12 reads: "Subject to the provisions of section 17, if any person contravenes the provisions of section 16, the employer shall recover a sum of five thousand rupees as penalty from such person." Section 17 makes a person entrusted with the complaint, inquiry or recommendations liable to a penalty under the service rules or, where none exist, "in such manner as may be prescribed", and Rule 12 is the prescription. See our article on sections 16 and 17. The rule starts with "Subject to the provisions of section 17", so the service rules come first. Rule 12 says "any person" where section 17 says a person "entrusted with the duty", and the copy does not explain the difference; the rule prints no procedure for recovery.

The four rules side by side

RuleImplementsSubjectKey detail
8Section 12(1)(c)Other relief during inquiryTwo restraints on the respondent, on written request
10Section 14False or malicious complaintAction as per Rule 9 where no service rules; text silent on witness
11Section 18(1)AppealAppellate authority under the 1946 Act; printing slips flagged
12Sections 16 and 17Penalty for breach of confidentialityFive thousand rupees recovered by the employer

Working with the rules in practice

  • Rule 8. Keep the written request and the committee's recommendation on file; the employer's report of implementation goes back to the committee under section 12(3).
  • Rule 10. Do not treat a "not proved" outcome as a basis for action against a complainant; the proviso to section 14(1) separates the two. Look to the service rules first.
  • Rule 11. Check whether the employer has service rules that provide a forum. If not, the rule names the authority.
  • Rule 12. Make sure the people on a committee, and anyone given the papers, know the confidentiality bar in section 16 and the five thousand rupee consequence.

An example

A committee is inquiring into a complaint by Gauri against her reporting officer, Vinay. Gauri asks in writing that Vinay not write her confidential report during the inquiry. The committee recommends this under Rule 8(a), and the employer assigns the report to another officer. Later a committee member discloses the parties' names to a colleague outside the process. The employer recovers five thousand rupees from that member under Rule 12, subject to section 17 and the service rules. The member, aggrieved by the penalty, looks to section 18 and to Rule 11 if there are no service rules.

Need help with relief, appeal or a confidentiality breach?

Each of these rules has a short text and a long list of practical questions. Our legal dispute resolution team can help you apply them to your case and plan the next step.

Key takeaways

  • Rule 8 adds two reliefs during an inquiry, on the aggrieved woman's written request.
  • Rule 10 sends action for a false or malicious complaint to Rule 9 where there are no service rules; its text does not cover a witness.
  • Rule 11 names the appellate authority under the Industrial Employment (Standing Orders) Act, 1946; the copy has printing slips.
  • Rule 12 sets five thousand rupees as the penalty for breach of section 16, recovered by the employer.
  • The Rules print no form, fee or recovery procedure for these rules.

Read next

Disclaimer: Based on a consolidated text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 showing one amendment (Act 23 of 2016, 6 May 2016) and on a copy of the Rules of 2013 as notified on 9 December 2013, as consulted on 2 October 2026. Later amendments, State rules and notifications, and the position under the Labour Codes in force from 21 November 2025 should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Rules 8 and 10-12

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What relief does Rule 8 add to section 12?

Restraining the respondent from reporting on her work performance or writing her confidential report (with the task assigned to another officer), and, in an educational institution, from supervising her academic activity.

Does Rule 10 cover a witness who gives false evidence?

The text of Rule 10 does not mention a witness, although the heading refers to false evidence. Section 14(2) deals with witnesses.

What is not written down will be remembered differently by everyone involved.

— TaxClue Compliance Desk

Rules 8 and 10-12: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Short, direct answers to the 6 questions readers ask most on this topic.

Restraining the respondent from reporting on her work performance or writing her confidential report (with the task assigned to another officer), and, in an educational institution, from supervising her academic activity.

The text of Rule 10 does not mention a witness, although the heading refers to false evidence. Section 14(2) deals with witnesses.

To the appellate authority notified under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946, as printed. Where the person has service rules that provide a forum, section 18 sends the appeal there.

Ninety days of the recommendations, under section 18(2).

Five thousand rupees, recovered by the employer from the person who contravenes section 16.

The rule says "any person", while section 17 speaks of a person entrusted with the duty to handle or deal with the complaint, inquiry or recommendations.