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Sections 29-30 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: power to make rules and to remove difficulties

The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of the Act (section 29(1)). Section 29(2) lists thirteen heads, (a)...

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

Section 29 gives the Central Government power to make rules for carrying out the Act and lists thirteen matters the rules may cover. Section 30 gives a time-limited power to remove difficulties by order. This article matches each of the thirteen heads in section 29(2) to the rule that fills it, and points out the heads that no rule in the copy consulted fills. For help in reading the Act and Rules together, see our employment and labour law advisory service.

Source and names

We follow the consolidated text of the Act consulted (it shows one amendment, Act 23 of 2016, with effect from 6 May 2016); later amendments and notifications should be checked. The Rules are cited from the copy consulted (the Rules as notified on 9 December 2013, G.S.R. 769(E)); check the current Rules. Neither copy of the Rules shows any amendment, and we say nothing about one.

Section 29(1): the rule-making power

"The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act." The Rules of 2013 open by saying they are made "in exercise of the powers conferred by section 29" of the Act (14 of 2013). Rule 1 says they come into force on the date of their publication in the Official Gazette.

Section 29(2): the thirteen heads

The sub-section says "In particular and without prejudice to the generality of the foregoing power" the rules "may provide for all or any of the following matters". The table maps each head to the Rules copy consulted.

HeadMatterRule that fills it
(a)Fees or allowances of the Members under section 4(4)Rule 3
(b)Nomination of members under section 7(1)(c)Rule 4
(c)Fees or allowances of the Chairperson and Members under section 7(4)Rule 5
(d)The person who may make a complaint under section 9(2)Rule 6
(e)Manner of inquiry under section 11(1)Rule 7
(f)Powers for making an inquiry under section 11No rule in the copy consulted
(g)Relief under section 12(1)(c)Rule 8
(h)Manner of action under section 13(3)(i)Rule 9
(i)Manner of action under section 14(1) and (2)Rule 10 (text covers the complaint, not a witness)
(j)Manner of action under section 17Rule 12 (five thousand rupees)
(k)Manner of appeal under section 18(1)Rule 11
(l)Manner of organising workshops, awareness programmes and orientation under section 19(c)Rule 13
(m)Form and time for preparation of the annual report under section 21(1)Rule 14 (contents only)

Rules 8 and 10 to 12 are explained together in our article on Rules 8 and 10-12.

Printing slip in clause (f)

Clause (f) refers to "clause (c) of sub-section (2) of section 11", but the powers of a civil court are in sub-section (3) of section 11 as printed, and clause (c) of that sub-section reads "any other matter which may be prescribed". We flag the slip and do not correct it. No rule in the Rules copy consulted prescribes any such "other matter", so the Rules add nothing to the two powers printed in section 11(3). The inquiry provisions have their own post: Inquiry Process Under POSH Act, Section 11.

Heads where the rule is partial or silent

  • Clause (i), Rule 10. The text of Rule 10 deals with the complaint and the forged or misleading document of the complainant, and sends the reader to Rule 9. It says nothing on a witness (section 14(2)) or on the procedure for establishing malicious intent under the second proviso to section 14(1). We give no procedure.
  • Clause (m), Rule 14. The Rule lists the details of the annual report. It prints no date and no form. The "time" in section 21(1) is therefore not filled in the copy consulted.
  • Section 8(4). The accounts and audit of the State agency are not among the thirteen heads and no rule in the copy fills them. See below on sub-section (4).

Section 29(3): laying before Parliament

"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, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions." If, before the expiry of the session immediately following, both Houses agree in making any modification, or agree that the rule should not be made, the rule has effect only in the modified form or is of no effect. The modification or annulment is "without prejudice to the validity of anything previously done under that rule".

Section 29(4): the State Government and section 8(4)

"Any rule made under sub-section (4) of section 8 by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House."

The copy shows a drafting mismatch here. Section 29(4) speaks of a rule under section 8(4) "by the State Government", while section 29(1) gives the rule-making power to the Central Government. Section 8(4) leaves the accounts and audit of the State agency to rules that are prescribed in consultation with the Accountant General of the State. We have no State rules in the sources and say nothing on them; see our article on sections 7 and 8.

Section 30: removal of difficulties

Section 30(1) says: "If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty". The proviso: no such order "after the expiry of a period of two years from the commencement of this Act". Counted from the date in footnote 1 of the copy (9 December 2013), that period has run out; the sources show no order under this section. Section 30(2) requires every order to be laid before each House of Parliament.

ProvisionWhoWhatLimit
29(1)Central GovernmentMake rules by notificationNone stated
29(3)ParliamentRules laid for thirty daysModification or annulment possible
30(1)Central GovernmentOrder to remove difficultiesTwo years from commencement
30(2)ParliamentOrders laid before each HouseNone stated

Why this matters in practice

A reader who sees "as may be prescribed" in a section can use the table above to find the rule. The employer who wants to know the allowance of an outside Member goes to Rule 3; the organiser of a workshop goes to Rule 13. Where the table says "no rule", the Act leaves the detail unprescribed in the copy consulted, and it is wiser to say so than to supply a step.

An example

Wasim, an HR manager, reads section 18(1) and asks where the manner of appeal is prescribed. Section 29(2)(k) tells him that the manner of appeal under section 18(1) is a rule-making head, and Rule 11 is the rule. He then reads the Rule, and notices the printing slip in its reference to clause "(A)" of section 13(3). He records the slip, relies on the Act's own words for section 13(3), and checks the current Rules.

Need help reading the Act and Rules together?

Our employment and labour law advisory team can prepare a one-page map for your organisation: each duty in the Act, the rule that fills it, and what to keep on file.

Key takeaways

  • The Central Government makes rules by notification for carrying out the Act (section 29(1)).
  • Section 29(2) lists thirteen heads (a) to (m); the Rules fill most, but not clause (f), and Rule 14 gives no date or form.
  • Rules are laid before Parliament for thirty days.
  • Section 29(2)(f) carries a printing slip; section 29(4) refers to State rules under section 8(4).
  • Section 30: a power to remove difficulties, not after two years from commencement.

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 Sections 29-30

  • 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.

How many matters can the Rules cover?

Thirteen, in clauses (a) to (m) of section 29(2), without prejudice to the general power in section 29(1).

Which rule deals with the annual report?

Rule 14, which lists the details of the report. It prints no date or form.

Registration thresholds are crossed quietly — count your headcount every time you hire.

— TaxClue Labour Law Desk

Sections 29-30: 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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Questions, answered

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

Thirteen, in clauses (a) to (m) of section 29(2), without prejudice to the general power in section 29(1).

Rule 14, which lists the details of the report. It prints no date or form.

Not in the copy consulted. Section 11(3)(c) says "any other matter which may be prescribed" and clause (f) of section 29(2) contains a printing slip in its reference.

The Central Government, by notification in the Official Gazette.

It is laid for a total of thirty days; both Houses may agree to modify it or that it should not be made.

A power for the Central Government to remove difficulties by order, not after two years from commencement.