SEXUAL HARASSMENT POLICY

We are committed to providing a work environment that ensures every employee is treated with dignity, respect and afforded equitable treatment. Also, promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.

DAGA TRADING COMPANY PRIVATE LIMITED

POLICY ON PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

M/s Daga Trading Company Private Limited is committed to providing a work environment that ensures every employee is treated with dignity, respect and afforded equitable treatment.

The Company is also committed to promoting a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.

The objective of this policy is to provide protection against sexual harassment of women at workplace and for the prevention as well as redressal of complaints of sexual harassment and for matters connected therewith.

This policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and rules framed thereunder (hereinafter “the Act”). Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail.

Scope:

M/s Daga Trading Company Private Limited Policy with regard to Prevention, Prohibition and Redressal of Sexual Harassment covers every “employee” across the Company including permanent management and workmen, temporaries, trainees and employees on contract at their workplace or at client sites.

The workplace includes:

All offices or other premises where the Company’s business is conducted.
All company-related activities performed at any other site away from the Company’s premises.
Any social, business or other functions where the conduct or comments may have an adverse impact

on the workplace or workplace relations.

Sexual harassment is judged by the impact on the complainant and not the intent of the respondent.

Sexual harassment as addressed in this Policy need not necessarily be from a male to a female employee, it can be vice versa as well as between individuals of same gender.

Effective Date:

This Policy came into force on 01 April 2014.

Definitions:

Sexual Harassment: Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behaviour which constitute sexual harassment include, but are not limited to:

Physical conduct:

Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching.
Physical violence, including sexual assault.
Physical contact, e.g. touching, pinching.
The use of job-related threats or rewards to solicit sexual favors.

Verbal conduct:

Comments on a worker’s appearance, age, private life, etc.
Sexual comments, stories and jokes.
Sexual advances.
Repeated and unwanted social invitations for dates or physical intimacy.
Insults based on the sex of the worker.
Condescending or paternalistic remarks.
Sending sexually explicit messages (by phone or by email).

Non-verbal conduct:

Display of sexually explicit or suggestive material.
Sexually-suggestive gestures.
Whistling
Leering

Aggrieved Person: means a person in relation to work place whether employed or not, who alleges to have been subject to any act of sexual harassment by the respondent.

Respondent: A person against whom a complaint of sexual harassment has been made by the aggrieved woman.

Employee: A person employed at the workplace, for any work on regular, temporary, ad-hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a coworker, a contract worker, probationer, trainee, apprentice or by any other such name.

Employer: A person responsible for management, supervision and control of the workplace.

Workplace: Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer or any type of office parties, during client meetings, Training sessions, Private sector organizations, Government sector organizations or any other place where one visits due to employment.

Sanctions and Disciplinary Measures:

Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:

Verbal or written writing
Adverse performance evaluation
Transfer
Reduction in wages
Suspension
Dismissal

The nature of the sanction will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.

Redressal Mechanism – Formal Intervention:

In compliance with the Act, if the complainant’s warrants formal intervention, the complainant needs to lodge a written complaint, which shall be followed by a formal redressal mechanism as described in this Policy. In case of a verbal complaint, the complaint will be reduced in writing by the receiver of the complaint and signatures of the complainant will be obtained.

Every complaint received shall be forwarded to the internal complaint committee formed under the policy for redressal. The investigation shall be carried out by the Internal Complaints Committee constituted for this purpose.

Internal Complaints Committee:

To prevent instances of sexual harassment and to receive and effectively deal with complaints pertaining to the same, Internal Complaints Committees (ICC) have been appointed for all administrative units/ offices of the Company. The Committee shall comprise of as many members as the management may nominate from time to time, provided that at least one-half of the total number of Members shall be women.

The present Members of the ICC shall comprise of the following:

One Presiding Officer/Chairman who shall be a senior level woman employee of the Company;
Two employee members preferable committed to the cause of women or who have experience in social work or have legal knowledge;
One outside member from amongst Non-Government organization or Association committed to the cause of women or a person familiar with the issues relating to sexual harassment.

Further, as also required by the law, in order to prevent the possibility of any undue pressure or influence, such committee also involves a third party (not associated with the company in any form) and who is familiar with the issues of sexual harassment.

The minimum quorum shall be three members for conducting the proceedings under the sexual harassment cases.

In the event any member of the committee ceases or exists its association with the Company for whatever reason, the Management shall appoint a replacement of the same within 30 days thereof. Further, if a member wishes to voluntarily resign from the committee, he/she shall submit its resignation to the management.

The Presiding Officer (Chairperson) and every member of the Internal Committee shall hold office for a maximum period of three years, from the date of their appointment in the committee.

The External member of the committee shall be paid such fees or allowances for holding the proceedings of the Internal Committee, as may be agreed by between the management and the member.

The Committee will be responsible for:

Receiving complaints of sexual harassment at the workplace.
Initiating and conducting inquiry as per the established procedure.
Submitting findings and recommendations of inquiries.
Maintaining strict confidentiality throughout the process as per the established guidelines.
Submitting annual reports in the prescribed format.

Committee Members:

The committee shall comprise of the following members:

External Member – Non-Employee – Mrs. Saumya Daga
Senior Level Woman Employee– CA Mrs. Divya Sharma
Two Employees – Mr. Sandeep Shrivastav & Mrs. Vandana

Procedures for resolution, settlement or prosecution of acts of sexual harassment:

The Company is committed to provide a supportive environment to resolve concerns of sexual harassment as under:

Informal Resolution Options:

When an incident of sexual harassment occurs, the victim of such conduct can communicate their disapproval and objections immediately to the harasser and request the harasser to behave decently.

If the harassment does not stop or if the victim is not comfortable with addressing the harasser directly, the victim can bring their concern to the attention of the Complaints Committee for redressal of their grievances. The Complaints Committee will thereafter provide advice or extend support as requested and will undertake prompt investigation to resolve the matter.

Complaints:

An employee with a harassment concern, who is not comfortable with the informal resolution options or has exhausted such options, may make a formal complaint to the Presiding Officer of the Complaints Committee constituted by the Management. The complaint shall have to be in writing and can be in the form of a letter, preferably within 15 days from the date of occurrence of the alleged incident, sent in a sealed envelope. Alternatively, the employee can send a complaint through an email. The employee is required to disclose their name, department, division and location they are working in, to enable the Presiding Officer to contact them and take the matter forward.

The Presiding Officer of the Complaints Committee will proceed to determine whether the allegations (assuming them to be true only for the purpose of this determination) made in the complaint fall under the purview of Sexual Harassment, preferably within 30 days from receipt of the complaint.

In the event, the allegation does not fall under the purview of Sexual Harassment or the allegation does not constitute an offence of Sexual Harassment, the Presiding Officer will record this finding with reasons and communicate the same to the complainant.

If the Presiding Officer of the Complaints Committee determines that the allegations constitute an act of sexual harassment, he/ she will proceed to investigate the allegation with the assistance of the Complaints Committee.

Where such conduct, on the part of the accused, amounts to a specific offense under the law, the Company shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

The Complaints Committee shall conduct such investigations in a timely manner and shall submit a written report containing the findings and recommendations to Presiding officer and Any of the Committee member as soon as practically possible and in any case, not later than 90 days from the date of receipt of the complaint. Presiding officers & Committee members will ensure corrective action on the recommendations of the Complaints Committee and keep the complainant informed of the same.

Corrective action may include any of the following:

Formal apology
Counseling
Written warning to the perpetrator and a copy of it maintained in the employee’s file.
Change of work assignment / transfer for either the perpetrator or the victim.
Suspension or termination of services of the employee found guilty of the offense.

In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by the Management.

Confidentiality:

The Company understands that it is difficult for the victim to come forward with a complaint of sexual harassment and recognizes the victim’s interest in keeping the matter confidential.

To protect the interests of the victim, the accused person and others who may report incidents of sexual harassment, confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate under the circumstances.

Access to Reports & Documents:

All records of complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by the Company except where disclosure is required under disciplinary or other remedial processes.

Protection to Complainant / Victim:

The Company is committed to ensuring that no employee who brings forward a harassment concern is subject to any form of reprisal. Any reprisal will be subject to disciplinary action.

The Company will ensure that the victim or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.

However, anyone who abuses the procedure (for example, by maliciously putting an allegation knowing it to be untrue) will be subject to disciplinary action.

Implementation of this policy

The Company will ensure that this policy is widely disseminated to all the relevant persons. It will be included in the staff handbook. All new employees must be trained on the policy as part of their training into the company. It is the responsibility of every manager to ensure that all the employees are aware of this policy.

NORTHERN STEEL AND GENERAL MILLS PRIVATE LIMITED

POLICY ON PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

The Northern Steel and General Mills Private Limited is committed to providing a safe environment free from discrimination on any ground and from harassment at work including sexual harassment. It is an equal employment opportunity company and is committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and in a harassment free workplace to all employees without regard to race, caste, religion, color, marital status, gender, age, nationality, disability etc. The Company also believes that all employees of the company have the right to be treated with dignity. Sexual Harassment at the work place or other than work place if involving an employee or employees is a grave offence and is therefore, punishable.

Objective:

M/s Northern Steel and General Mills Private Limited (‘the Company’) is committed to provide a work environment free from harassment of any kind and in particular, a work environment with zero tolerance for sexual harassment. We respect the dignity of everyone involved in our workplace, whether they are employees, suppliers or our customers. We require all employees to make sure that they maintain mutual respect, dignity and positive regard towards one another.

This policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and the rules framed thereunder (hereinafter referred to as ‘the Act’). Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail. If any aspect relating to sexual harassment not explicitly covered in this policy is provided for by the law, then the law shall be applicable. In case of any conflict between the policy and the law, the law will prevail.

Scope:

This policy extends to all employees of the company and is deemed to be incorporated in the service conditions of all employees of the Company. This policy shall deal with any and all allegations/complaints of sexual harassment made by an employee(s), irrespective of whether harassment is alleged to have taken place within or outside the Company.

Definitions:

Sexual Harassment: Sexual Harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating. It may occur not only where a person uses sexual behavior to control, influence or affect the career, salary or job of another person, but also between co-workers. It may also occur between an employee and someone that employee deals with in the course of his/her work who is not employed by the Company.

Physical Conduct

Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling or inappropriate touching.

Physical violence, including sexual assault

Physical contact, e.g. touching, pinching

The use of job-related threats or rewards to solicit sexual favors

Verbal Conduct

Comments on a worker’s appearance, age, private life, etc.
Sexual comments, stories and jokes
Sexual advances
Repeated and unwanted social invitations for dates or physical intimacy
Insults based on the sex of the worker
Sending sexually explicit messages (by phone or by email)

Non-Verbal Conduct

Sexually suggestive gestures
Whistling
Display of sexually explicit or suggestive material

Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. Sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

Anyone, including employees of the Company, clients, customers, casual workers, contractors or visitors who sexually harass another will be reprimanded in accordance with this internal policy.

Aggrieved woman: In relation to a workplace, a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.

Complainant: Any aggrieved woman who makes a complaint alleging sexual harassment under this policy.

Respondent: A person against whom a complaint of sexual harassment has been made by the aggrieved woman under this policy.

Employee: A person employed at the workplace, for any work or regular, temporary, whether for remuneration or not, trainee, coworker or called by any other such name.

Employer: A person responsible for management, supervision and control of the workplace.

Workplace: Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer or any type of office parties, during client meetings, Training sessions, Private sector organizations, Government sector organizations or any other place where one visits due to employment.

Sanctions and Disciplinary Measures

Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:

Verbal or written writing
Adverse performance evaluation
Transfer
Reduction in wages
Suspension
Dismissal

Roles and Responsibilities:

All employees will maintain high standards of dignity, respect and positive regard for one another and with all those to whom this policy is applicable, in all their dealings;
All employees will understand and appreciate the rights of the individual to be treated with dignity;
Employees will refrain from committing any acts of sexual harassment at work place;
Allegations of sexual harassment will be dealt seriously, expeditiously, sensitively and with confidentiality;
All employees are required to maintain a work environment, which is free from any kind of harassment.

Internal Complaints Committee:

The present Members of the ICC shall comprise of the following:

One Presiding Officer/Chairman who shall be a senior level woman employee of the Company;
Two employee members preferable committed to the cause of women or who have experience in social work or have legal knowledge;
One outside member from amongst Non-Government organization or Association committed to the cause of women or a person familiar with the issues relating to sexual harassment.

The minimum quorum shall be three members for conducting the proceedings under the sexual harassment cases.

The Presiding Officer (Chairperson) and every member of the Internal Committee shall hold office for a maximum period of three years, from the date of their appointment in the committee.

The External member of the committee shall be paid such fees or allowances for holding the proceedings of the Internal Committee, as may be agreed by between the management and the member.

The Committee will be responsible for:

Receiving complaints of sexual harassment at the workplace.
Initiating and conducting inquiry as per the established procedure.
Submitting findings and recommendations of inquiries.
Maintaining strict confidentiality throughout the process as per the established guidelines.
Submitting annual reports in the prescribed format.

Committee Members:

The committee shall comprise of the following members:

External Member – Non-Employee – Mrs. Saumya Daga.
Senior Level Woman Employee– CA Mrs. Divya Sharma.
Two Employees – Mr. Sandeep Shrivastav & Mrs. Vandana

Grievance Procedure:

Any Employee (“hereinafter referred to as Complainant”) may lodge a complaint of sexual harassment (“Accused”) who could be any employee or anyone else upon whom this policy is applicable within 30 days from the date of occurrence of the alleged incident. If the Complainant feels that he/she cannot disclose his/her identity for any particular reasons with the committee members, he/she can address the complaint to the Management of the Company.
Such a Complaint shall necessarily be in writing.
The Complainant shall sign at the foot of each page of the Complaint.
The Committee shall hold a meeting with the Complainant within a period of 15 days of the receipt of the complaint and advance intimation in writing shall be given to the complainant about the meeting.
At the meeting, the Complainant shall be heard and his/her statement recorded (Statement of Allegation). The Complainant can produce any type of documentary, oral material etc. to substantiate his/her complaint.
Thereafter, the accused will be called by the committee and will be informed of the Complaint and an opportunity of being heard will be given to the accused, whereafter, an enquiry, shall be conducted.
However, in the event the complaint does not fall under the purview of Sexual Harassment or the complaint on the face of it does not disclose an element or offence of sexual harassment, the committee may drop the complaint after recording the reasons thereof and shall subsequently communicate the same to the Complainant, in writing.
In case the Complaint made by the complainant is found to be false and malafide at any stage, it shall amount to misconduct and the complainant shall be liable for appropriate disciplinary action.

Procedure for Enquiry:

The Committee shall immediately proceed with the inquiry and communicate the same to the complainant and the Accused in writing. The Committee shall record all the proceedings of the Enquiry.
The committee shall hand over the Statement of Allegation to the accused and give an opportunity to the accused to submit a written explanation if he/she so desires within 15 days of receipt of the same.
The Complainant will be provided with a copy of the written explanation submitted by the Accused.
If the Complainant or the Accused desires any witness to be called, they shall communicate in writing to the Committee the name(s) of the witness they propose to be called.
If the Complainant desires to tender any documents by way of evidence before the Committee, he/she shall supply true copies of such documents to the Committee. Similarly, If the Accused desires to tender any documents in evidence before the Committee, he/she shall supply true copies of such documents to the Committee and shall affix his/her signature on the same to certify it to be a true copy.
The Committee shall have to call upon all witnesses mentioned by both the parties.
The Committee shall provide every reasonable opportunity to the Complainant and to Accused, for putting forward and defending their respective cases.
The Committee shall complete the “Inquiry” as soon as reasonably possible and communicate its findings to the Management preferably within a period of 10 days from the date of completion of the inquiry and such report be made available to the concerned parties.
Where the committee arrives at the conclusion that the allegation against the accused has been proved, it shall recommend to the Management to take action for sexual harassment as a misconduct in accordance with the provisions of the law applicable.

The Committee shall be governed by the provisions of Prevention of Sexual Harassment At Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the rules made thereunder.

Confidentiality:

The contents of the complaint, the identity, addresses or any other details of the Complainant, Accused and witnesses, any information related to inquiry proceedings, findings of the Internal Committee and the action taken by the Management of the Company shall not be published, communicated or made known to the public. All complaints of sexual harassment shall be taken seriously, will be held in strict confidence and will be investigated promptly in an impartial manner. For the purpose of completing the investigation, key witnesses or other stakeholders may be required to be taken into confidence at the discretion of the Internal Committee.

Implementation of this policy

Effective Date:

This policy shall be effective from the date 01 April 2014.