1. Preamble
Sexual harassment is not only a serious misconduct but criminal offence also, which can destroy human dignity and freedom. To promote the well-being of all women employees at the workplace, this Policy envisages as under:
(a) It shall be the duty of the Management of the company to prevent or deter the commission of any act of sexual harassment at the workplace.
(b) Sexual Harassment will be considered as misconduct and action will be taken based on the findings of the enquiry in this context.
(c) The definition of sexual harassment will be as defined in section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “Act”) as represented below. Sexual Harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely; –

1. Physical contact and advances; or
2.  A demand or request for sexual favors; or
3. Making sexually colored remarks; or
4. Showing pornography; or
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

(d) The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behavior of sexual harassment: –

1. Implied or explicit promise of preferential treatment in her employment; or
2. Implied or explicit threat of detrimental treatment in her employment; Or
3. Implied or explicit threat about her present or future employment status; or
4. Interference with her work or creating an intimidating or offensive or hostile work environment for her; or
5. Humiliating treatment likely to affect her health or safety.

2. Applicability
This policy is known as Sexual Harassment Policy of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, & Rules (hereinafter referred to as ‘Policy’) and is applicable to all employees of Uplers Solutions Private Limited, Uplers House, Next to Kalasagar Mall, Sattadhar Cross Roads, or deployed at the workplace who are either
(a) on the rolls of the company or
(b) engaged through the Contractor(s) having service agreement with the company or as enumerated in clause (f) of section 2 of the Act.

3. Objective
This policy has been formulated keeping in view the provisions under The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 and its Rules. The said policy is to define the guidelines and the process to be followed in order to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment in addition to the matters connected therewith or incidental thereto. For any doubt or further clarification, reference be made to the Act and its Rules.

4. Abbreviations
In this Policy document, unless there is anything repugnant to the subject or context thereof, the words and expressions as stated below shall have the following meanings:
(a) CE: Complainant Employee: Refers to any woman employee (as per section 2(a) of the Act) who has lodged a complaint of sexual harassment at workplace and has been subjected to any act of sexual harassment by another employee (hereinafter referred to as ‘respondent’).
(b) UICC: Uplers Internal Complaint Committee
(c) Management: Management means Company’s Managing Director/Director/ Manager or such other officer or Officers/nominee or nominees as may be authorized in this behalf by the Managing Director/Director and notified in the Notice Board of the company.
(d) RE: Respondent Employee: Refers to any employee against whom the complaint for sexual harassment has been lodged.
(e) Workplace: Refers to section 2(O) of the Act and includes all offices, branches and workshops located anywhere in India. It also includes any place visited by the employees arising out of or during employment including transportation provided by the Management of the company for undertaking the journey.

5. Uplers Internal Complaints Committee
(a) The UICC will comprise of the following:

• A Presiding Officer shall be a senior level woman employee of the Company, as may be selected by the Company from time to time.
• Two Members amongst employees of the Company preferably committed to the cause of women or have experience in social work or have legal knowledge, as may be selected by the Company from time to time.
• One member from amongst non-governmental organizations or associations committed to the cause of women or a person not being an employee of the Company and familiar with the issues relating to sexual harassment, as may be nominated by Company

(b) Every Member of the UICC shall hold office for a period of three years or completion of the age of 60 years, whichever is earlier, from the date of nomination by Company.
(c) Company shall have right to remove Presiding Officer and/or any Member of the UICC in the following events, before the period of three years, by assigning reasons in writing without any further process or inquiry.

• contravenes the provisions of section 16 i.e. Prohibition of publication or
• making known contents of complaint and inquiry proceedings; or
• has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
• has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him/her; or
• has so abused his/her position as to render his/her continuance in office prejudicial to the public interest,
• such Chairperson or Member shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.

(d) Company shall fill up the vacancy in the UICC as may be created by removal, death, expiration of appointment term, resignation by Member etc. within 15 days from such event.
(e) Company shalt provide office space/premises to UICC to carry out functions and working of the UICC.
(f) Company / Presiding Officer shall appoint a “Contact Officer” amongst the member of UICC, who will be available at designate place and time for the purpose of administering this policy.

6. Procedure of filing a Complaint
(a) The complaint should be made by an aggrieved woman within a period of three months from the date of occurrence of incident and in case of a series of incidents, within a period of three months from the date of last incident.
(b) The complaint by an aggrieved woman employee shall be made to “Contact Officer” of UICC in writing
and be sent either by post/personal email or given in person to the UICC or “Contact Officer”.
(c) The UICC may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the employee from filing a complaint within the said period. Where the employee is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir may make a complaint under this section.

1. It is, however, pertinent to state that where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by –
   – her relative or friend; or
   – her co-worker; or
   – an officer of the National Commission for Woman or State Women’s Commission; or
   – any person who has knowledge of the incident, with the written consent of the aggrieved woman;
2. Where the aggrieved woman is unable to make a compliant on account of her mental incapacity, a complaint may be filed by –
   – her relative of friend; or
   – a special educator; or
   – a qualified psychiatrist or psychologist; or
   – the guardian or authority under whose care she is receiving treatment or care; or
   – any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care;

Notes: Where the aggrieved woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent.
Where the aggrieved woman is dead, a complaint may be filed by any person who has knowledge of the incident with the written consent of her legal heir.

7. Procedure to be followed post receipt of Complaint
(a) The UICC would go through the details of the complaint and evaluate if there is a prima facie case or not. While doing that, UICC will keep in mind that the CE is not subjected to enquiry more than once.
However, if the complaint complexity requires that the CE is to be called for more than once for enquiry, then utmost sensitivity should be displayed, and adequate precaution would be taken to ensure that there is no loss of dignity to the CE.
(b) The UICC will initiate a detailed enquiry as deemed fit.
(c) The UICC may, before initiating an enquiry and at the request of the CE, take steps to settle the matter between her and the RE through conciliation, provided that no monetary settlement shall be made as a basis of conciliation. Where a settlement has been arrived during conciliation, the UICC shall record the settlement and forward to the Management or District Officer to act. However, if the terms arrived during conciliation have not been complied with by the RE, the UICC shall proceed to make an enquiry into the complaint or as the case maybe forward the complaint to the police. The copies of the settlement as recorded during conciliation shall be provided to both the parties.
(d) The UICC shall after completing the enquiry, submit its recommendations to the Management with recommendations of the penalty to be imposed.
(e) In case no settlement is arrived the UICC, shall, where the Respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed.
(f) Where both the parties are employees, the parties shall, during inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee. The parties shall not be allowed to bring any legal practitioner to represent or defend the case before the UICC.
(g) Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15 pertaining to determination of compensation.
(h) The submission of the recommendations by the UICC to the Management shall be completed within a period of ninety days (90) from the date of receipt of the complaint by the UICC.
(i) The HR/Personnel/Administrative Department will extend full cooperation in facilitating to conduct the proceedings by the UICC.
(j) Important: For the purpose of making an inquiry under sub -section (1), the Internal Committee shall have the same powers as are vested in a civil court under the Code Of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely: –

1. summoning and enforcing the attendance of any person and examining him on oath;
2. requiring the discovery and production of documents; and
3. any other matter which may be prescribed.

8. Guidelines to be kept in mind by UICC while recommending Action
(a) To conduct the enquiry as per the Principles of natural justice and in a confidential manner.
(b) The disciplinary action that shall be commensurate with the nature of the gravity of the offence, shall include but not Limited to,

1. Warning
2. Written apology from offender
3. Bond of good behavior
4. Transfer
5. Debarring from supervisory duties
6. Denial of employee benefits like increments/promotion/s lary correction etc. – Cancellation of specific work Assignment
7. Suspension
8. Dismissal

(c) In cases where the UICC has recommended to Management for compensation to be made to the CE, then the said amount shall be deducted from the salary of the RE and paid to the CE or her legal heir/s.
(d) In case the RE fails to pay the sum referred as above, the UICC may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.
(e) Where the UICC arrives at a conclusion that the allegation against the RE is malicious or the CE has made the complaint knowing it to be false or the CE has produced forged or misleading document, it may recommend to the Management of the company to take action against the CE as stipulated by section 14 of the Act.
(f) Where the UICC arrives at a conclusion that during the enquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the Management to take appropriate action.

9. Employer (Management of The Company) To Ensure
(a) That in case there is a complaint against any of the UICC members, management will have to reconstitute the UICC. In all such cases the guidelines as defined in the above clauses would be inclusive of the time taken to reconstitute the said committee.
(b) The Management will help the CE if she so chooses to file a police complaint in relation to the offence under the India Penal Code or any other law for the time being in force.
(c) The Management will also initiate action under the Indian Penal Code or any other law for the time being in force, against a perpetrator, where the perpetrator is not an employee of the company and there is complaint of Sexual Harassment against the said perpetrator in the workplace where the harassment took place.
(d) The management will act upon the recommendations of UICC within sixty days of its receipt by him.
(e) The UICC will submit an annual report to the Management outlined in the Act and it is the responsibility of the Management to ensure that the said annual report is also filed with the District Officer as per the format applicable.
(f) The Management will direct HR Department to ensure to display at conspicuous places the guidelines as given in section 19(b) of the Act,
(g) The Management will direct and monitor the HR Department to create awareness amongst employee material on sexual harassment in the following manner: –

1. Training cum Awareness session for employees (men and women)
2.  Training cum Awareness session for UICC members
3. Training cum Awareness session for Human Resource teams and Senior Management.

(h) The Management will assist in ensuring the attendance of the RE and witnesses before the UICC as the case may be.
(i) The Management will monitor timely submission of reports for this, the Management will conduct periodic update meetings with the UICC and HR Department to ensure that the said policy is being implemented in letter and spirit.

10. Appeal by the aggrieved person
Any person aggrieved from the recommendations made by the UICC enquiring with the allegations against the respondent has not proved, or the UICC arrived at a conclusion that during the enquiry any witness has given false evidence or produced any forged or misleading documents or contravenes the provisions of section 17 of the Act or when the persons entrusted with the duty to handle or deal with the complaint, the enquiry or recommendations makes known the contents of the complaint and the enquiry proceedings, or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal. The appeal will lie before the Appellate Authority notified under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946.