- What is sexual harassment at workplace?
- Who is a complainant?
- What is jurisdiction of the provincial Ombudsperson?
- Which Organizations fall in the preview of provincial Ombudsperson?
- Is decision of provincial Ombudsperson challengeable?
- What is procedure of the appeal?
- Does Ombudsperson has the jurisdiction in cases where the litigation is pending?
- Does Ombudsperson has power to grant monetary relief?
- How does the office of Ombudsperson penalize respondents who deprive the females of their ownership or the possession?
- Does the Ombudsperson has power to cancel mutation?
- Does the Ombudsperson has power to set aside registered Hiba?
- In what time, the Ombudsperson decides a complaint?
- Has the Ombudsperson jurisdiction to cancel registered Sale Deed?
- Can Ombudsperson has power to get the civil litigation terminated from civil court concerned?
- How does the office of Ombudsperson work?
- Can Ombudsperson penalize state functionaries who delay the implementation of orders?
- Are proceedings in the office of Ombudsperson confidential?
- Is attendance on every date of proceedings necessary?
- What should a complainant do in case retaliation is apprehended from the accused?
- Can a complaint lodge applications simultaneously to other forums when complaint is under process in Provincial Ombudsperson’s office?
- Can relatives/friends accompany the complainant?
- Can a complaint be filed if there are no eye witness(es)?
- Will the complaint be filed if the complainant does not pursue the case/ proceedings?
- Where can a complaint be lodged at any forum other than Ombudsperson office?
- Is it necessary to notify/constitute inquiry committee at organization/departmental level?
- If any organization/department does not constitute an Inquiry Committee,what action can be taken against that organization/department?
- Who are members of the inquiry committee?
- Is decision of Inquiry Committee challengeable?
- What are main postulates of a “complaint”?
- Who is an accused?
What is sexual harassment at workplace? | Top |
Harassment means any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating hostile, or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment. |
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Who is a complainant? | Top |
Complainant means a woman or man who has made a complaint to the (Ombudsperson) or to the Inquiry Committee on being aggrieved by an act of harassment. Employee means a regular or contractual employee whether employed on daily, weekly, monthly or hourly basis and includes an intern or apprentice. | |
What is jurisdiction of the provincial Ombudsperson? | Top |
Sexual harassment at workplace faced by an employee anywhere in the Punjab falls within the purview of provincial Ombudsperson. | |
Which Organizations fall in the preview of provincial Ombudsperson? | Top |
“Organization” means a Federal or Provincial Government Ministry, Division or department, a corporation or any autonomous or semiautonomous body, Educational Institutes, Medical facilities established or controlled by the Federal or Provincial Government or District Government or registered civil society associations or privately managed a commercial or an industrial establishment or institution, a company as defined in the Companies Ordinance, 1984 (XLVII of 1984) and includes any other registered private sector organization or institution. | |
Is decision of provincial Ombudsperson challengeable? | Top |
Yes, any person aggrieved by a decision of the Ombudsperson may file an appeal to the Governor Punjab. | |
What is procedure of the appeal? | Top |
Any party (complainant or accused) can file an appeal to the Governor Punjab within 30 days of the communication of the decision. Appellate Authority may alter, confirm, or set-aside the decision and inform the parties. Decision of the Governor shall be final. | |
Does Ombudsperson has the jurisdiction in cases where the litigation is pending? | Top |
Yes, under section 7 of the Act, 2021 Ombudsperson Punjab is empowered to adjudicate upon the complaints in which case are pending in civil courts. | |
Does Ombudsperson has power to grant monetary relief? | Top |
Yes, under section 8 of the Act, 2021 empowers Ombudsperson to grant mesne profit/loss of rent equivalent to market rent the property might have fetched for the period she is deprived of. | |
How does the office of Ombudsperson penalize respondents who deprive the females of their ownership or the possession? | Top |
Well, there is no penal provision available in Act, 2021. However, Ombudsperson makes all the efforts to deliver possession/share to the complainant. | |
Does the Ombudsperson has power to cancel mutation? | Top |
No, Cancellation of document requires detailed inquiry/investigation and recording of evidence, which under the summary trails cannot be fairly decided. | |
Does the Ombudsperson has power to set aside registered Hiba? | Top |
No, Cancellation of document requires detailed inquiry/investigation and recording of evidence, which under summary trails cannot be fairly decided. | |
In what time, the Ombudsperson decides a complaint? | Top |
The legislature has given 60 days to decide a complaint. | |
Has the Ombudsperson jurisdiction to cancel registered Sale Deed? | Top |
No, Cancellation of document requires detailed inquiry/investigation and recording of evidence, which under the summary trails cannot be fairly decided. | |
Can Ombudsperson has power to get the civil litigation terminated from civil court concerned? | Top |
Yes, under section 7(3) of the Act, 2021 Ombudsperson has power to get the civil litigation terminated from civil court concerned. | |
How does the office of Ombudsperson work? | Top |
As procedure has been laid down in Act, 2021; after reception and preliminary assessment of complaint, respondents are summoned alongwith report from the concerned Deputy Commissioner. Then after hearing and perusal of record, decisions are made. | |
Can Ombudsperson penalize state functionaries who delay the implementation of orders? | Top |
Yes, Ombudsperson has power to issue contempt notices to delinquent officers and can also issue directions for stoppage of salary till the implementation of orders. | |
Are proceedings in the office of Ombudsperson confidential? | Top |
Yes, the whole proceedings which include complaint, statements of witnesses, inquiry and evidence are kept confidential. | |
Is attendance on every date of proceedings necessary? | Top |
Yes, during the hearing proceedings, complainant’s attendance and presence is necessary. However, documents and decisions can be communicated by post therefore, for this purpose attendance is not required. | |
What should a complainant do in case retaliation is apprehended from the accused? | Top |
The complainant may submit an application alongwith the main application for adjustment/transfer/suspension of the accused which is sent to the department concerned, as per the law. | |
Can a complaint lodge applications simultaneously to other forum when complain I under process in provincial Ombudsperson’s office? | Top |
No, the complaints are processed when no application/inquiry is under process/pending/filed on the same subject /charges at any other forum. | |
Can relatives/friends accompany the complainant? | Top |
Yes. Colleagues can also accompany. | |
Can a complaint be filed if there are no eye witness(es)? | Top |
Yes. | |
Will the complaint be filed if the complainant does not pursue the case/ proceedings? | Top |
Yes, the complaint shall be filed in case the complainant does not pursue the case in Ombudsperson’s office. | |
Where can a complaint be lodged at any forum other than Ombudsperson office? | Top |
A complaint can be filed to the Inquiry Committee which is established/ constituted by the organization. | |
Is it necessary to notify/constitute inquiry committee at organization/departmental level? | Top |
Yes, under “The Protection against Harassment of Women at Workplace Act, 2010” all government, semi government, registered non-government organizations, hospitals, colleges, universities, factories are required to constitutes and notify Inquiry Committees with at least one female member, and to notify the Competent Authority for this purpose. Besides, Code of Conduct is required to be displayed at a conspicuous place in the organization (in English and other language understandable by employees). | |
If any organization/department does not constitute an Inquiry Committee, what action can be taken against that organization/department? | Top |
Under “The Protection against Harassment of Women at Workplace Act, 2010” all government, semi government departments, registered non-government, organizations, hospitals, colleges, universities, factories are required to constitutes and notify Inquiry Committees with at least one female member and to notify the Competent Authority for this purpose. Besides, Code of Conduct is required to be displayed at a conspicuous place (in English and other language understandable by employees). If any department/organization fails to comply with this, then a written complaint can be filed to the Ombudsperson under section 11 of the Act ibid and the employer can be fined up to one lac rupees. |
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Who are members of the inquiry committee? | Top |
The Inquiry Committee constituted under this Act must have three members with at least one female, and this Inquiry Committee has to be notified. Any employee affected by sexual harassment can file a complaint to this Inquiry Committee or can come directly to the Ombudsperson. | |
Is decision of Inquiry Committee challengeable? | Top |
Yes, decision can be challenged by filing an appeal to the provincial Ombudsperson. | |
What are main postulates of a “complaint”? | Top |
A complaint must include:-
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Who is an accused? | Top |
“Accused” means an employee or employer of an organization against whom a complaint has been made under this Act;
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