POLICY ON PREVENTION OF SEXUAL HARASSMENT OF

WOMEN (POSH) IN MAGIC AUTO Pvt. Ltd

The MAGIC AUTO Pvt. Ltd is an equal employment opportunity

company and is committed to creating a healthy working
environment that enables employees to work without fear of
prejudice, or gender bias and in a harassment-free workplace for
all employees without regard to race, caste, religion, color,
ancestry, marital status, gender, age, nationality, ethnic origin or
disability. The Company also believes that all employees of the
Company have the right to be treated with dignity. Sexual
harassment at the workplace or other than work place if
involving an employee or employees is a grave offense and is,
therefore, punishable

This Policy extends to all employees of MAGIC AUTO Pvt. Ltd and
it is deemed to be incorporated in the service conditions of all
employees of the Company in India. Local country laws will take
precedence over this policy, in other geographies, if applicable.

This version of the policy is effective from DATE and supersedes

all prior policies and communication on this matter.
1. Introduction
At Magic Auto, all employees are expected to uphold the highest
standards of ethical conduct at the workplace and in all their
interactions with business stakeholders. This means that
employees have a responsibility to
 Treat each other with dignity and respect
 Follow the letter and spirit of the law
 Refrain from any unwelcome behavior that has
sexual connotation (of sexual nature)
 Refrain from creating a hostile atmosphere at the
workplace via sexual harassment
 Report sexual harassment experienced and/or
witnessed to appropriate authorities and abide by the
complaint handling procedure of the company.
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. If the law provides for any aspect relating to
sexual harassment not explicitly covered in this policy, then the
law will be applicable. In case of any conflict between the policy
and the law, the law will prevail.

This policy protects against sexual harassment of women in the

workplace and the prevention and redressal of complaints of
sexual harassment and related matters.

2. 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 in India. Local country laws will take
 precedence over this policy, in other geographies, if applicable.

3. Definitions
 Sexual harassment may occur not only when 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.

“Sexual Harassment” includes any one or more of the following

unwelcome acts or behavior (whether directly or by implication),
but not limited to:
1. Any unwelcome sexually determined behavior, or pattern of
conduct, that would cause discomfort and/or humiliate a
person at whom the behavior or conduct was directed
namely:
a. Unwelcome sexual advances involving verbal, non-
verbal, or physical conduct, implicit or explicit
b. Physical contact and advances including (but not
limited to) touching, stalking, sounds which have
explicit and /or implicit sexual connotation/overtones,
molestation
c. Teasing, Voyeurism, innuendos, and taunts with an
implicit sexual connotation, physical confinement
and /or touching against one’s will
d. Demand or request for sexual favors
e. Sexually colored remarks or remarks of a sexual nature
about a person's clothing or body
f. Display of pictures, signs, etc. with sexual nature/
connotation/ overtones in the work area and work-
related areas
 g. Showing pornography, making or posting vulgar /
indecent / sexual pranks, teasing, jokes, demeaning or
offensive pictures, cartoons or other materials through
email, SMS, MMS, gestures etc.
h. Repeatedly asking to socialize during off-duty hours or
continued expressions of sexual interest against a
person’s wishes
i. Giving gifts or leaving sexually suggestive objects
j. Eve teasing, innuendos and taunts, physical
confinement against one’s will or any such act likely to
intrude upon one’s privacy; Persistent watching,
following, and contacting of a person; and
k. Any other unwelcome physical, verbal, or non-verbal
conduct of a sexual nature
2. The following circumstances if it occurs or is present about
any sexually determined act or behavior amount to sexual
harassment:
a. Implied or explicit promise of preferential treatment in
employment;
b. Implied or explicit threat of detrimental treatment in
employment;
c. Implied or explicit threat about the present or future
employment status;
d. Interference with the person’s work or creating an
intimidating or offensive or hostile work environment;
or
e. Humiliating treatment is likely to affect health or
safety.
An alleged act of sexual harassment committed during or
outside of office hours falls under the purview of this policy.
Further, it is important to note that whether harassment has
3
 occurred or not does not depend on the intention of the
people but on the experience of the aggrieved woman.

 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

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 called by any other such
name.

 Special Educator: A Special Educator means a person trained

in communication with people with special needs in a way that
addresses their individual differences and needs.

 Workplace:
o Premises, locations, establishments, enterprises, institutions,
offices, branches or units established, subsidiaries which are
controlled by the Company.

o Places visited by the Employee arising out of or during the

4
course of employment including official events,
accommodation and transportation provided by the employer
for undertaking a journey.

5
  Employer: A person responsible for management,
supervision and control of the workplace
4. Roles and Responsibilities
It is the responsibility of all to respect the rights of others and to
never encourage harassment. It can be done by:
a. Refusing to participate in any activity which constitutes
harassment
b. Supporting the person to reject unwelcome behavior
c. Acting as a witness if the person being harassed decides to
lodge a complaint
5. Redressal Mechanism – Formal Intervention

In compliance with the Act, any complaint under this policy shall
be followed by a formal redressal mechanism as described in this
Policy.

a. Internal Complaints Committee (Henceforth known as

‘committee’)

To prevent instances of sexual harassment and to receive and

effectively deal with complaints pertaining to the same, Internal
Complaints Committees (IC) have been appointed for all
administrative units / offices of the company. The detail of the
committee is notified to all covered persons at the location
(workplace). The committee at each location comprises of:

1. Presiding Officer: A woman employed at a senior level in the

organization or workplace
2. At least 2 members from amongst employees, committed to
the cause of women or who have had experience of social work
or have legal knowledge
3. One external member from amongst non-governmental
organizations or associations committed to the cause of
6
 women or a person familiar with the issues relating to sexual
harassment
4. At least one half of the total members nominated being
women. 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
 Coordinating with the employer in implementing appropriate
action
 Maintaining strict confidentiality throughout the process as
per established guidelines
 Submitting annual reports in the prescribed format
b. Committee Members
Internal Complaint Committees have been formulated for all
locations / divisions.

While the IC at corporate level will handle all complaints received

in New Delhi operations, representatives from following locations
are co-opted into the IC to cover the various locations of Magic
Auto:

1. JoPLAC

7
 For IC constitution at the following subsidiaries, members will be
coopted from the respective companies to participate in the
investigations/POSH related initiatives that are required to be
conducted:

1. CGPL
2. MPL
3. TPTCL
4. IEL
5. WREL, WSMPL, WSAPL and it's subsidiaries
6. TPREL
7. TPADL
8. Power Links
9. TPSSL

IC at the corporate level will comprise of the following:

1. Chairperson/Presiding Officer
2. Chief Ethics Counsellor
3. Chief Human Resources Officer
4. 3 to 4 members- women working at senior level
5. External Member & NGO Representative

The divisional representatives would participate in quarterly

meetings of IC and any investigations / POSH related initiatives
that are required to be conducted in their respective Divisions /
areas.

The details about the current members of the IC and nominations

from various divisions and major Tata Power subsidiaries are
enclosed in Annexure A.

c. Lodging a Complaint
An aggrieved woman may make, in writing, a complaint of sexual
8
harassment at workplace to the Internal Committee within a
period of 3 months from the date of incident/ last incident. The
Internal Committee can extend the timeline by another 3 months
for reasons recorded in writing, if satisfied that these reasons
prevented the lodging of the complaint within the period.

Provided that where such a complaint cannot be made in writing,

the Presiding Officer or any Member of the Internal Complaint
Committee shall render all reasonable assistance to the women
for making the complaint in writing.

1. If the Aggrieved Woman is unable to make a complaint on

account of her physical incapacity, a complaint may be filed
by:
a. her relative or friend; or
b. her co-worker; or
c. an officer of the National Commission for Women or State
Women’s Commission; or
d. any person who has knowledge of the incident, with the
written consent of the Aggrieved Woman
2. If the Aggrieved Woman is unable to make a complaint on
account of her mental incapacity, a complaint may be filed
by:

9
 a. her relative or friend; or
b. a special educator; or
c. a qualified psychiatrist or psychologist; or
d. the guardian or authority under whose care she is receiving
treatment or care; or
e. any person who has knowledge of the incident jointly with
the Aggrieved Woman’s 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

3. If 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.

4. If the Aggrieved Woman is deceased, a complaint may be filed

by any person who has knowledge of the incident, with the
written consent of her legal heir.

The complaint shall be submitted by the complainant to the IC in

writing or shall be submitted to the IC electronically at
[email protected]. The complaint can also be physically
submitted to any IC member.

d. Receiving a Complaint (guidelines)

Dealing with incidents of harassment is not like any other type of

dispute. Complainants may be embarrassed and distressed and it
requires tact and discretion while receiving the complaint.

The following points are to be kept in mind by the receiver of the

complaint:
- Complaints are listened to and the complainant informed that
the Company takes the concerns seriously. Complainant is
informed that these concerns will be reported to the appropriate
6
 committee and follow up will be done speedily.
- Situations are not be pre-judged. Written notes are to be taken
while listening to the person. When taking notes, complainants
own words, where possible, are to be used accurately. Clear
description of the incident in simple and direct terms is prepared
and details are confirmed with the complainant.
- All notes are kept strictly confidential. Complainant’s agreement
is taken to allow proceeding with the matter, which involves a
formal investigation.
- The complainant is advised that although the process is
confidential, the respondent needs to be informed and any
witnesses and persons directly involved in the complaint process
will also learn of the complainant’s identity

Care is taken to prevent any disadvantage to or victimization of

either the complainant or the respondent.

e. Resolution procedure through conciliation

Once the complaint is received, before initiating the inquiry, the
committee may take steps to conciliate the complaint between
the complainant and the respondent. This is only if requested by
the aggrieved woman.

No monetary settlement can be made as a basis of conciliation.

In case a settlement is arrived at, the committee records &
reports the same to the employer for taking appropriate action.
Resolution through conciliation is to happen within 2 weeks of
receipt of complaint.

6
 The committee shall provide copies of the settlement to
complainant & respondent. Where a settlement is arrived at, no
further inquiry is to be conducted by the committee.

f. Resolution procedure through formal inquiry

The committee will initiate inquiry in the following cases:

• No conciliation is requested by aggrieved woman

• Conciliation has not resulted in any settlement
• Complainant informs the committee that any term or
condition of the settlement arrived through conciliation, has
not been complied with by respondent
1. Manner and Procedure of inquiry into complaint:
• Complainant should submit the complaint along with
supporting documents and the names of the witnesses, if
any.
• The Committee will hold a meeting with the Complainant
within seven days of receipt of the complaint, but no later
than a week in any case.
• At the first meeting, the Committee members shall hear the
Complainant and record her allegations. The Complainant
can also submit any corroborative material with a
documentary proof, oral or written material, etc., to
substantiate her complaint.
• The Committee shall proceed with the enquiry and
communicate the same to the Complainant and Respondent.
• Upon receipt of the complaint, the committee will send 1
copy of the complaint to Respondent within 7 working days
of receiving the complaint.
• Respondent shall reply with all supporting documents within
10 working days of receiving the copy of the complaint.

7
• Thereafter, the Respondent may be called for a deposition
before the Committee and an opportunity will be given to
him to give an explanation, where after, an inquiry shall be
conducted and concluded.
• The Complainant shall be provided with a copy of the written
explanation submitted by the Respondent.
• If the Complainant or the respondent desires any witness/es
to be called, they shall communicate in writing to the
Committee the names of witness/es that they propose to
call.
• The Committee shall call upon all witnesses mentioned by
both the parties.
• The Committee shall provide every reasonable opportunity
to the Complainant and the Respondent for putting forward
and defending their respective case.
• If either party desires to tender any documents by way of
evidence before the Committee, the same is to be supplied
as original copies of such documents. Signatures should be
affixed on the respective documents to certify these to be
original copies.
• No legal practitioner can represent any party at any stage of
the inquiry procedure
• The Complaints Committee is to make inquiry into the
complaint in accordance with the principles of natural
justice
• In conducting the inquiry, a minimum of three committee
members including the Presiding Officer are to be present
• The employer shall provide all necessary assistance for the
purpose of ensuring full, effective and speedy
implementation of this policy

8
 • Where sexual harassment occurs as a result of an act or
omission by any third party or outsider, the company shall
take all steps necessary and reasonable to assist the
affected person in terms of support and preventive action.
• In the event, the complaint does not fall under the purview
of Sexual Harassment or the complaint does not mean an
offence of Sexual Harassment, the same would be dropped
after recording the reasons thereof.

If the complainant or respondent desires to cross examine any

witnesses, the Committee facilitates the same and records the
statements. In case complainant or respondent seeks to ask
questions to the other party, they may give them to the
Committee which asks them and records the statement of the
other party.
Any such inquiry is completed, including the submission of the
Inquiry Report, within 90 days from the date on which the
inquiry is commenced. The inquiry procedure should ensure
absolute fairness to all parties.

2. Interim relief
During pendency of the inquiry, on a written request made by
the complainant, the committee may recommend to the
employer to:
• Transfer the complainant or the respondent to any other
workplace
• Grant leave to the aggrieved woman of maximum 3 months,
in addition to the leave she would be otherwise entitled
• Prevent the respondent from assessing complainant’s work
performance
• Grant such other relief as may be appropriate
Once the recommendations of interim relief are
implemented, the same is informed to the committee.
9
3. Termination of Inquiry
Committee may terminate the inquiry or give ex-parte decision,
if complainant or respondent respectively is absent for 3
consecutive hearings, without sufficient reason. 15 day written
notice is to be given to the party, before termination of enquiry
or ex-parte order.

4. Action to be taken after inquiry

Post the inquiry, the committee submits its report containing
the findings and recommendations to the employer, within 10
days of completion of the inquiry.

5. Complaint unsubstantiated
Where the committee arrives at the conclusion that the
allegation against the respondent has not been proved, it
recommends to the employer that no action is required to be
taken in this matter. Further, the committee ensures that both
parties understand that the matter has been fully
investigated, that the matter is now concluded, and neither
will be disadvantaged within the Company.

6. Complaint substantiated
Where the committee arrives at the conclusion that the
allegation against the respondent has been proved, it
recommends to the employer to take necessary action for
sexual harassment as misconduct, in accordance with the
applicable service rules and policies, and this may include:

1
0
 i. Counseling
ii. Censure or reprimand
iii. Apology to be tendered by respondent
iv. Written warning
v. Withholding promotion and/or increments
vi. Suspension
vii. Termination
viii. Or any other action that the employer may deem fit.
The Company is required to act upon the recommendations
within 60 days and confirm to the committee. Post
implementation of the actions, follow up with the complainant
should also occur to ascertain whether the behavior has in fact
stopped, the solution is working satisfactorily and if no
victimization of either party is occurring.

7. Penal Consequences of Sexual Harassment

In case the Committee finds the degree of offence coverable
under the Indian Penal Code, then this fact shall be mentioned
in its report and appropriate action shall be initiated by the
employer, for making a Police Complaint. Under the Indian
Penal Code, (IPC), the newly introduced Section (S. 354A) which
deals with Sexual Harassment has made this a ‘cognizable
offense’ i.e. a person charged with Sexual Harassment may be
arrested without a warrant.

8. Malicious Allegations
Where the committee arrives at the conclusion that the
allegation against the respondent is malicious or the aggrieved
woman or any other person making the complaint has made
the complaint knowing it to be false or the aggrieved woman or
any other person making the complaint has produced any
forged or misleading document, it may recommend to the
11
 employer to take action against the woman or the person
making the complaint.

While deciding malicious intent, the committee should consider

that mere inability to substantiate a complaint need not mean
malicious intent. Malicious intent must be clearly established
through a separate inquiry.

9. Confidentiality
The identity of the complainant, respondent, witnesses,
statements and other evidence obtained in the course of
inquiry process, recommendations of the committees, action
taken by the employer is considered as confidential materials,
and not published or made known to public or media.

Any person contravening the confidentiality clauses is subject

to disciplinary action as prescribed in the act.

10. Appeal
Any party not satisfied or further aggrieved by the
implementation or non-implementation of recommendations
made, may appeal to the appellate authority in accordance
with the Act, within 90 days of the recommendations being
communicated.

12
11. Awareness
Awareness sessions are to be organized to:
• Formulate and widely disseminate an internal policy or
charter or resolution or declaration for prohibition,
prevention and redressal of sexual harassment at the
workplace intended to promote gender sensitive safe spaces
and remove underlying factors that contribute towards a
hostile work environment against women.
• Carry out orientation programs and seminars for the
Members of the IC.
• Conduct capacity building and skill building programs for the
Members of the IC.
• Declare the names and contact details of all the Members of
the IC.
• Use modules developed by the State Governments to
conduct workshops and awareness programs for sensitizing
the employees with the provisions of the Act.

12. Legal Compliance

The IC shall in each calendar year prepare, is such format as
may be prescribed, an annual report and submit the same to
the employer and the District Officer (as defined in the Act).
The report shall have the following details:

• number of complaints of Sexual harassment received in the

year
• number of complaints disposed of during the year
• number of cases pending for more than 90 days
• number of workshops or awareness program against Sexual
Harassment carried out
• nature of action taken by the employer or District Officer

13
 ANNEXURE A

A. Constitution of Internal

Complaints Committee (IC):

Chairperson - Ms Chhaya

Bhonslay External Member

- Ms Sneha

Khandekar

Member - Mr Himal Tewari

Member - Ms Bhagyashree Pisolkar
Member - Ms Swati Mehendale
Member - Ms Usha Iyer
Member - Ms Fallahzadeh Ketayun
Member - Mr Kunjvihari Jandhyala

B. The following representatives co-opted into the IC to cover

the various locations of Tata Power: Jojobera - Ms

Jayashree Choudhary

Trombay - Ms Madhura

Korantak Noida (Noida/SED Delhi) -

Ms Paramita

Sahoo SED Bangalore - Ms N

11
 Prema

C. Additionally, ICs have been constituted for CGPL, MPL, TPTCL, IEL,
WREL, WSMPL, WSAPL & subsidiaries, TPREL, TPADL and TPSSL.
The Committees for these Companies would comprise of four
members from the Central committee along with the nominated
employees from each Company. The nominated employees are:
CGPL - Ms Hemlata S
MPL - Ms Shreyoshi Samanta
TPTCL - Ms Neha Malik
IEL - Ms Subhashree Sasmita
WREL, WSMPL, WSAPL & Subsidiaries -

Ms Rochelle

Albuquerque TPREL - Ms Mona

Purandare
TPADL - Ms Preeti Singh
Power Links - Ms Monica Mehra & Ms Diksha Singh
TPSSL - Ms Agnes Charles

11