Rule 9 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 9 answers a practical question that follows from section 13(3)(i): when the committee finds the allegation proved and the employer has no service rules, what action can it recommend? The Rule gives a list that runs from a written apology to termination of service, and includes counselling and community service. This article explains the Rule, how it connects to sections 13 and 14, and what it leaves open. If you need help applying it, our employment and labour law advisory service can assist.
Except in cases where service rules exist, where the committee concludes that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer to take any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service, undergoing a counselling session or carrying out community service. The Rule implements section 13(3)(i).
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)). The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
The text of Rule 9
Rule 9 is headed "Manner of taking action for sexual harassment". It reads: "Except in cases where service rules exist, where the Complaints Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be, to take any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service or undergoing a counselling session or carrying out community service."
How it fits with section 13(3)(i)
Section 13(3)(i) says that where the allegation has been proved, the committee shall recommend to the employer or the District Officer "to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed". Section 29(2)(h) makes "the manner of action to be taken under clause (i) of sub-section (3) of section 13" a rule-making head. Rule 9 is the rule. See our article on section 13.
The order of the two texts is important.
- First, the service rules. If service rules apply to the respondent, the action is "in accordance with" them. Rule 9 begins "Except in cases where service rules exist".
- Only then, Rule 9. Where no service rules exist, Rule 9 sets the list.
For the employer's duty to treat sexual harassment as misconduct under the service rules, see clause (i) of section 19 in our article on section 19.
The list of actions
| Action | Wording in Rule 9 |
|---|---|
| 1 | a written apology |
| 2 | warning |
| 3 | reprimand or censure |
| 4 | withholding of promotion |
| 5 | withholding of pay rise or increments |
| 6 | terminating the respondent from service |
| 7 | undergoing a counselling session |
| 8 | carrying out community service |
"Any action including"
The words are "any action including" the list. The list is therefore not framed as closed. The Rule gives no other example, and we suggest none. Equally, the Rule does not rank the actions or link a particular action to a particular finding. It does not say that termination is for serious cases or that a written apology is for lighter ones, and we do not say so either. Which recommendation fits is for the committee on the facts of the case; the employer or the District Officer then acts on it within sixty days under section 13(4).
"It shall recommend"
Note the words "it shall recommend". The Rule uses "shall" for the committee's duty to recommend some action where the allegation is proved and there are no service rules. The committee does not itself impose the action. It recommends, and the employer or the District Officer acts.
Who acts
The recommendation goes to "the employer or the District Officer, as the case may be": the employer for an Internal Committee, the District Officer for a Local Committee.
Where else Rule 9 is used
Rule 10, on a false or malicious complaint, says that where there are no service rules, the committee may recommend action "in accordance with the provisions of rule 9". So the same list is the reference point for section 14. See our article on Rules 8 and 10-12 and section 14. The deduction from salary or wages under section 13(3)(ii) is a separate recommendation under section 15, and is not on the Rule 9 list; see section 15.
What the Rule does not say
- No definition of "service rules". The Rule uses the term as the Act does, and does not define it.
- No procedure. The Rule prints no hearing, notice or form for the action taken by the employer.
- No review of the action. A person aggrieved by the recommendation or its non-implementation may appeal under section 18; see section 18 and Rule 11.
- No ranking or scale. As noted above.
An example
Zenith Components has no written service rules. Its Internal Committee finds the allegation against a supervisor, Rahul, proved. Rule 9 applies because there are no service rules. The committee recommends to the employer a written apology to the aggrieved woman, a counselling session and withholding of his next increment. The employer must act on the recommendation within sixty days of receiving it. If Rahul is aggrieved, he may appeal under section 18 within ninety days of the recommendations. If Zenith had service rules, the action would have followed those rules and Rule 9 would not have been the reference.
Need help with action after a finding?
Employers without written service rules often find the question of action hardest. Our employment and labour law advisory team can help you check whether service rules exist, record the committee's recommendation and implement it in the time the Act allows.
Key takeaways
- Rule 9 applies only where no service rules exist, and only where the allegation has been proved.
- It implements section 13(3)(i).
- The listed actions run from a written apology to terminating the respondent from service and include counselling and community service.
- The words are "any action including", and the Rule does not rank the actions.
- Rule 10 uses Rule 9 for a false or malicious complaint.
Read next
- Section 13 of the POSH Act, 2013: inquiry report and action by employer
- Section 14 of the POSH Act, 2013: false or malicious complaint and false evidence
- Section 19 of the POSH Act, 2013: duties of employer
- Drafting Policies, Code of Conduct and Guidance Notes
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.