THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
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ARRANGEMENT OF SECTIONS
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SECTIONS
CHAPTER I PRELIMINARY
1.
Short title, extent and commencement.
2.
Definitions.
3.
Prevention of sexual
harassment.
CHAPTER II
CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE
4.
Constitution of Internal Complaints Committee.
CHAPTER III
CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE
5.
Notification of District
Officer.
6.
Constitution and jurisdiction of Local Committee.
7.
Composition tenure
and other terms and conditions of Local
Committee.
8.
Grants and audit.
9.
Complaint of sexual harassment.
10.
Conciliation.
11.
Inquiry into complaint.
CHAPTER V INQUIRY INTO COMPLAINT
12.
Action during pendency of inquiry.
13.
Inquiry report.
14.
Punishment for false or malicious
complaint and false evidence.
15.
Determination of compensation.
16.
Prohibition of publication or making known contents of complaint and inquiry proceedings.
17.
Penalty for publication or making known contents of complaint and inquiry proceedings.
18.
Appeal.
CHAPTER VI
DUTIES OF EMPLOYER
SECTIONS
19.
Duties of employer.
CHAPTER VII
DUTIES AND POWERS OF DISTRICT
OFFICER
20. Duties and powers of District Officer.
21.
Committee to submit annual
report.
CHAPTER VIII
MISCELLANEOUS
22.
Employer to include information in annual report.
23.
Appropriate Government to monitor implementation and maintain data.
24.
Appropriate Government to take measures
to publicise the Act.
25.
Power to call for information and inspection of records.
26.
Penalty for non-compliance with provisions of Act.
27.
Cognizance of offence by courts.
28.
Act not in derogation of any other law.
29.
Power of appropriate Government to make rules.
30.
Power to remove difficulties.
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THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
ACT NO. 14 OF 2013
[22nd April, 2013]
An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
WHEREAS sexual harassment results in violation of
the fundamental rights of a woman to equality
under articles 14 and 15 of the Constitution of India and her right to
life and to live with dignity under article
21 of the Constitution and right to practice any profession or to carry on any
occupation, trade or business with includes
a right to a safe environment free from sexual
harassment;
AND WHEREAS the protection
against sexual harassment and the right to work with dignity are universally recognised human rights by
international conventions and instruments such as Convention on the Elimination of all Forms of
Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India;
AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India
as follows: —
CHAPTER I PRELIMINARY
1.
Short title, extent and commencement.—(1) This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(2)
It extends to the whole of India.
(3)
It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
2.
Definitions.—In this Act, unless
the context otherwise requires, —
(a)
“aggrieved woman”
means—
(i)
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;
(ii)
in relation
to dwelling place or house,
a woman of any age who is employed in such a dwelling place or house;
(b)
“appropriate Government” means—
(i)
in relation to a workplace which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly—
(A) by the Central
Government or the Union territory
administration, the Central
Government;
(B) by the State
Government, the State Government;
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1. 9th December, 2013, vide notification
No.
S.O. 3606(E), dated 9th December, 2013, see
Gazette of India, Extraordinary, Part II,
sec. 3(ii).
(ii) in relation to any workplace not covered under sub-clause (i) and falling within its territory, the State Government;
(c)
“Chairperson” means the
Chairperson of the Local Complaints Committee nominated under sub-section (1) of section 7;
(d) “District Officer” means on officer
notified under section
5;
(e)
“domestic worker” means a woman
who is employed to do the household
work in any household for
remuneration whether in cash or kind, either directly or through any agency on
a temporary, permanent, part time or
full time basis, but does not include any member of the family of the employer;
(f)
“employee” means a person
employed at a 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 co-worker, a contract
worker, probationer, trainee,
apprentice or called by any other such name;
(g) “employer” means—
(i)
in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate
Government or a local authority, the head of
that department, organisation, undertaking, establishment, enterprise,
institution, office, branch or unit or such other officer as the appropriate Government or the local authority,
as the case may be, may
by an order specify
in this behalf;
(ii)
in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and
control of the workplace.
Explanation. —For the purposes of this sub-clause “management” includes the
person or board or committee responsible for formulation and administration of polices for such organisation;
(iii) in relation to workplace covered under sub-clauses (i) and (ii), the person discharging contractual
obligations with respect
to his or her employees;
(iv) in relation to a dwelling place or house, a person or a household
who employs or benefits from the
employment of domestic worker, irrespective of the number, time period or type
of such worker employed, or the
nature of the employment or activities performed by the domestic worker;
(h) “Internal Committee” means an Internal
Complaints Committee constituted under section 4;
(i)
“Local Committee” means the Local Complaints Committee constituted under section 6;
(j)
“Member” means a Member of the Internal Committee
or the Local Committee, as the case may be;
(k)
“prescribed” means prescribed by rules made under this Act;
(l)
“Presiding Officer”
means the Presiding
Officer of the Internal Complaints Committee nominated under sub-section (2) of section 4;
(m)
“respondent’ means a person
against whom the aggrieved woman has made a complaint
under section 9;
(n)
“sexual harassment” includes any one or more of the following
unwelcome acts or behavior (whether directly or by implication)
namely:—
(i)
physical contact and advances;
or
(ii)
a demand or request
for sexual favours; or
(iii)
making sexually coloured remarks; or
(iv)
showing pornography; or
(v)
any other unwelcome physical, verbal or non-verbal
conduct of sexual nature;
(o)
“workplace” includes—
(i) any department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed
by funds provided directly or
indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative
society;
(ii)
any private sector organisation
or a private venture, undertaking, enterprise, institution, establishment, society, trust,
non-governmental organisation, unit or service provider carrying on commercial, professional, vocational,
educational, entertainmental, industrial, health services or financial
activities including production, supply, sale, distribution or service;
(iii) hospitals or nursing
homes;
(iv)
any sports institute, stadium,
sports complex or competition or games venue, whether residential or not used for training,
sports or other activities relating thereto;
(v)
any place visited by the
employee arising out of or during the course of employment including
transportation by the
employer for undertaking such journey;
(vi) a dwelling place or a house;
(p)
“unorganised sector” in
relation to a workplace means an enterprise owned by individuals or self-employed workers and engaged in the
production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the
number of such workers is less than ten.
3. Prevention of sexual
harassment.—(1) No woman shall be subjected to sexual
harassment at any workplace.
(2) 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 may amount to sexual
harassment:—
(i) implied or explicit
promise of preferential treatment in her employment; or
(ii) implied or explicit
threat of detrimental treatment in her employment ; or
(iii) implied or explicit
threat about her present or future employment status; or
(iv) interference
with her work or creating
an intimidating or offensive or hostile work environment
for her; or
(v) humiliating
treatment likely to affect her health or safety.
CHAPTER II
CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE
4. Constitution
of Internal Complaints Committee.—
(1) Every employer of a workplace
shall, by an order in writing,
constitute a Committee to be known
as the “Internal Complaints Committee”:
Provided that where the offices or
administrative units of the workplace are located at different places or divisional or sub-divisional level,
the Internal Committee shall be constituted at all administrative units or offices.
(2)
The Internal
Committees shall consist
of the following members to be nominated
by the employer, namely: —
(a) a Presiding Officer who shall be a woman
employed at a senior level at workplace from
amongst the employees:
Provided that in case a senior
level woman employee is not available, the Presiding Officer shall be nominated from other offices
or administrative units of the workplace referred
to in sub-section(1):
Provided further that in case the other offices
or administrative units of the workplace do not have a senior level woman employee, the
Presiding Officer shall be nominated from any other workplace of the same
employer or other department or organisation;
(b) not less than two Members from amongst
employees preferably committed to the cause of
women or who have had experience in social work or
have legal knowledge;
(c) one member from amongst non-governmental
organisations or associations committed to the
cause of women or a person familiar with the issues relating
to sexual harassment:
Provided that at least
one-half of the total Members
so nominated shall be women.
(3)
The
Presiding Officer and every Member of the Internal Committee shall hold office
for such period, not exceeding three years, from the
date of their nomination as may be specified by the employer.
(4) The Member appointed from amongst the
non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the
Internal Committee, by the employer, as may be prescribed.
(5)
Where the Presiding Officer or any Member of the Internal Committee, —
(a) contravenes
the provisions of section 16; or
(b) 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
(c) he has been found quilty
in any disciplinary proceedings or a disciplinary proceeding is pending
against him; or
(d) has so abused his position
as to render his continuance in office prejudicial to the public
interest,
such Presiding Officer or Member,
as the case may be, 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.
CHAPTER III
CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE
5.
Notification of District Officer.—The
appropriate Government may notify a District Magistrate or Additional District Magistrate or the Collector or Deputy
Collector as a District Officer for every District to exercise powers or discharge functions under this Act.
6. Constitution
and jurisdiction of 1[Local Committee].—(1)
Every District Officer shall constitute in the district concerned, a committee to be known as the “1[Local Committee]” to receive complaints
of
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1. Subs. by Act 23 of 2016, s. 3 and the Second Schedule, for “Local Complaints Committee” (w.e.f. 6-5-2016).
sexual harassment from
establishments where the 1[Internal
Committee] has not been constituted due to having less than ten workers or if the complaint is against the employer
himself.
(2) The District Officer shall designate one nodal
officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, to
receive complaints and forward the same to the
concerned 2[Local Committee] within a period
of seven days.
(3)
The
jurisdiction of the 2[Local Committee] shall extend to the areas of the district where it is constituted.
7. Composition,
tenure and other terms and conditions of 2[Local
Committee].—(1) The 2[Local Committee] shall consist of the following members to be nominated by the District
Officer, namely: —
(a) a Chairperson to be nominated from amongst the
eminent women in the field of social work and committed to the cause of women;
(b) one Member to be nominated from amongst the
women working in block, taluka or tehsil or ward or municipality in the district;
(c) two Members, of whom at least one shall be a
woman, to be nominated from amongst such non-governmental organisations or associations committed
to the cause of women or a person familiar
with the issues relating to sexual harassment, which may be prescribed:
Provided that at least one of
the nominees should, preferably, have a background in law or legal knowledge:
Provided further that at least
one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the
Other Backward Classes or minority community notified by the Central Government, from time
to time;
(d) the concerned officer dealing with the social
welfare or women and child development in the
district, shall be a member ex officio.
(2) The Chairperson and every Member of the Local
Committee shall hold office for such period, not exceeding three years,
form the date of their appointment as may be specified by the
District Officer.
(3)
Where the Chairperson or any Member of
the 2[Local
Committee]—
(a) contravenes
the provisions of section 16; or
(b) 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
(c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against
him; or
(d) has so abused
his position as to render
his continuance in office prejudicial to the public
interest,
such Chairperson or Member, as the
case may be, 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.
(4)
The
Chairperson or Members of the Local Committee other than the Members nominated
under clauses (b) and (d) of sub-section (1) shall be entitled
to such fees or allowances for holding
the proceedings of the
Local Committee as may be prescribed.
8. Grants
and audit.—(1) The Central Government may, after due
appropriation made by Parliament by law in this behalf, make to the State Government grants of such sums of money as the Central
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1. Subs. by Act 23 of 2016,
s. 3 and the Second Schedule, for “Internal Complaints Committee” (w.e.f. 6-5-2016).
2. Subs. by s. 3 and
the Second Schedule, ibid., for “Local Complaints Committee” (w.e.f. 6-5-2016).
Government my think fit, for being
utilised for the payment of fees or allowances referred to in sub- section
(4) of section 7.
(2) The State Government may set up an agency and
transfer the grants made under sub-section (1)
to that agency.
(3) The agency shall pay to the District Officer,
such sums as may be required for the payment of fees or allowances referred
to in sub-section (4) of section
7.
(4) The accounts of the agency referred to in
sub-section (2) shall be maintained
and audited in such manner as may, in
consultation with the Accountant General of the State, be prescribed and the
person holding the custody of the accounts of the agency shall furnish, to the State Government, before such date, as may
be prescribed, its audited
copy of accounts together with
auditors’ report thereon.
CHAPTER
IV COMPLAINT
9. Complaint
of sexual harassment.—(1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the
Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a
period of three months from the date of incident and in case of a series
of incidents, within a period
of three months from the date of
last incident:
Provided that where such complaint cannot be
made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of
the Local Committee, as the case may be, shall
render all reasonable assistance to the woman for making the complaint in writing:
Provided further that the Internal
Committee or, as the case may be, the Local Committee 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 woman from filing a complaint within the said period.
(2)
Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her
legal heir or such other person as may be prescribed may make a complaint
under this section.
10.
Conciliation.—(1) The
Internal Committee or, as the case may be, the Local Committee, may, before initiating an inquiry under section
11 and at the request of the aggrieved woman take steps to settle the matter
between her and the respondent through conciliation:
Provided that no monetary settlement shall be made as a basis
of conciliation.
(2)
Where
settlement has been arrived at under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall record the settlement so
arrived and forward the same to the employer
or the District Officer
to take action as specified in the recommendation.
(3) The Internal Committee or the Local Committee,
as the case may be, shall provide the copies of the settlement as recorded
under sub-section (2) to the aggrieved
woman and the respondent.
(4) Where a settlement is arrived at under
sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be.
11. Inquiry
into complaint.— (1) Subject to the provisions of section
10, the Internal Committee or the
Local Committee, as the case may be, 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 or in case
of a domestic worker, the Local
Committee shall, if prima facie case
exist, forward the complaint to the police, within a period of seven days for registering the case under section 509
of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable:
Provided that where the aggrieved woman
informs the Internal Committee or the Local Committee, as the case may be, that any term or
condition of the settlement arrived at under sub-section (2) of section 10 has
not been complied with by the respondent, the Internal Committee or the Local
Committee shall proceed to make
an inquiry into the complaint or, as the case may be,
forward the complaint to the police:
Provided further that where both the parties
are employees, the parties shall, during the course of 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.
(2)
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.
(3) For the purpose of making an inquiry under
sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are
vested in a civil court the Code of Civil Procedure, 1908 (5
of 1908) when trying a suit in respect of the
following matters, namely:—
(a) summoning and
enforcing the attendance of any person and examining him on oath;
(b) requiring the
discovery and production of documents; and
(c) any other
matter which may be prescribed.
(4) The inquiry under sub-section (1) shall be
completed within a period of ninety days.
CHAPTER V INQUIRY
INTO COMPLAINT
12.
Action during pendency of inquiry.—(1) During
the pendency of an inquiry
on a written request made by the aggrieved woman, the Internal Committee or
the local Committee, as the case may be, may recommend
to the employer to—
(a) transfer the aggrieved woman or the respondent to any other workplace; or
(b) grant leave to the aggrieved woman up to a period
of three months; or
(c) grant such other
relief to the aggrieved woman
a may be prescribed.
(2) The leave granted to the aggrieved woman under
this section shall be in addition to the leave she would be otherwise entitled.
(3)
On the
recommendation of the Internal Committee or the Local Committee, as the case
may be, under sub-section (1), the
employer shall implement
the recommendations made under sub-section (1) and send the report of such
implementation to the Internal Committee or the Local Committee, as the case may be.
13.
Inquiry report.—(1) On the completion of an inquiry under
this Act, the Internal Committee or the
Local Committee, as the case may be, shall provide a report of its findings to
the employer, or as the case may be, the District Officer within a period of ten days from the date of completion of the inquiry
and such report be made
available to the concerned parties.
(2)
Where the Internal
Committee or the Local Committee, as the case may
be, arrives at the conclusion that the allegation against the
respondent has not been proved, it shall recommend to the employer and the District Officer
that no action is required to be taken in
the matter.
(3) Where the Internal Committee
or the Local Committee, as the case may
be, arrives at the conclusion that the allegation against the
respondent has been proved, it shall recommend to the employer or the
District Officer, as the
case may be—
(i) to take action for sexual harassment as a misconduct in accordance with the
provisions of the service rules
applicable to the respondent or where no such service rules have been made, in
such manner as may be prescribed;
(ii) to deduct, notwithstanding anything in the
service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider
appropriate to be paid to the aggrieved woman or to her legal heirs, as it
may determine, in accordance with the provisions
of section 15:
Provide that in case the
employer is unable to make such deduction from the salary of the respondent due to his being absent from
duty or cessation of employment it may direct to the respondent to
pay such sum to the aggrieved
woman:
Provided further that in case
the respondent fails to pay the sum referred to in clause (ii), the Internal Committee or as, the case may be,
the Local Committee may forward the order for recovery of the sum as an arrear
of land revenue to the concerned District Officer.
(4)
The
employer or the District Officer shall act upon the recommendation within sixty
days of its receipt by him.
14.
Punishment for false or malicious complaint
and false evidence.—(1) Where the Internal Committee or the Local Committee, as the
case may be, arrives at a 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 employer or
the District Officer, as the case may
be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules
applicable to her or him or where no such service rules exist, in such manner
as may be prescribed:
Provided that a mere inability to substantiate
a complaint or provide adequate proof need not attract action against the complainant under this section:
Provided further that the malicious intent on
part of the complainant shall be established after an inquiry in accordance
with the procedure prescribed, before any action
is recommended.
(2)
Where the Internal Committee or the Local Committee, as the case may be,
arrives at a conclusion that during
the inquiry any witness has given false evidence or produced any forged or
misleading document, it may recommend
to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the
provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.
15.
Determination of compensation.—For the purpose of determining the sums to be
paid to the aggrieved woman under
clause (ii) of sub-section (3) of section 13, the Internal Committee
or the Local Committee, as the case may
be, shall have regard to—
(a) the mental
trauma, pain, suffering and emotional
distress caused to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual harassment;
(c) medical expenses incurred
by the victim for physical
or psychiatric treatment;
(d) the income and financial
status of the respondent;
(e) feasibility
of such payment
in lump sum or in instalments.
16. Prohibition of publication or making known contents of complaint and inquiry proceedings.—Notwithstanding anything contained in the Right to
Information Act, 2005 (22 of 2005), the
contents of the complaint made under section 9, the identity and addresses of
the aggrieved woman, respondent and witnesses, any information
relating to conciliation and inquiry proceedings,
recommendations of the Internal
Committee or the Local Committee, as the case may be, and the action taken by the employer or the District
Officer under the provisions of this Act shall not be published, communicated or made known to the public,
press and media in any manner:
Provided that information may be disseminated
regarding the justice secured to any vicitim of sexual harassment under this Act without
disclosing the name, address, identity
or any other particulars calculated to lead to the identification
of the aggrieved woman and witnesses.
17. Penalty
for publication or making known contents of complaint and inquiry proceedings.— Where
any person entrusted
with the duty to handle or deal with the complaint, inquiry
or any recommendations or action to be taken under the provisions of
this Act, contravenes the provisions of section
16, he shall be liable for penalty in accordance with the provisions of the
service rules applicable to the said
person or where no such service
rules exist, in such manner as may be prescribed.
18.
Appeal.—(1) Any person
aggrieved from the recommendations made under sub-section (2) of section 13 or under
clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub- section (2) of section 14 or section 17 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 in such manner as may be prescribed.
(2) The appeal under sub-section (1) shall be preferred
within a period of ninety days of the recommendations.
CHAPTER
VI DUTIES OF EMPLOYER
19. Duties of employer.— Every employer
shall—
(a) provide a safe working environment at the
workplace with shall include safety from the
persons coming into contact at the
workplace;
(b) display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal
Committee under sub-section (1)
of section 4;
(c) organise workshops and awareness programmes at regular intervals
for sensitising the employees
with the provisions of the Act and orientation programmes for the members of
the Internal Committee in the manner as may be prescribed;
(d) provide necessary facilities to the Internal
Committee or the Local Committee, as the case
may be, for dealing with the
complaint and conducting an inquiry;
(e) assist in securing the attendance of
respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
(f) make available such information to the
Internal Committee or the Local Committee, as the case be, as it may require
having regard to the complaint
made under sub-section (1) of section
9;
(g) provide assistance to the woman if she so
chooses to file a complaint in relation to the offence under the Indian
Penal Code (45 of 1860) or any other law
for the time being in force;
(h) cause to initiate action, under the Indian
Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved
woman so desires, where the perpetrator is not
an employee, in the workplace at which the incident of sexual harassment took place;
(i) treat sexual harassment as a misconduct under the service
rules and initiate
action for such misconduct;
(j) monitor the timely
submission of reports
by the Internal Committee.
CHAPTER VII
DUTIES AND POWERS OF DISTRICT OFFICER
20. Duties and powers of District Officer.—The District Officer
shall, —
(a) monitor the timely
submission of report furnished by the Local
Committee;
(b) take such measures
as may be necessary for engaging non-governmental organisations for creation
of awareness on sexual harassment and the
rights of the women.
CHAPTER
VIII MISCELLANEOUS
21. Committee
to submit annual report.— (1) The Internal Committee or the Local
Committee, as the case may be, shall
in each calendar year prepare, in such form and at such time as may be
prescribed, an annual report and submit the same to the employer and the District Officer.
(2) The District
Officer shall forward a brief report on the annual reports received
under sub-section
(1)
to the State Government.
22.
Employer to include information in annual
report.—The employer shall
include in its report the number of
cases filed, if any, and their disposal under this Act in the annual report of
his organisation or where no such
report is required to be prepared, intimate such number of cases, if any, to the District Officer.
23.
Appropriate Government to monitor
implementation and maintain data.—The
appropriate Government shall monitor
the implementation of this Act and maintain date on the number of cases filed and disposed
of in respect of all cases of sexual harassment at workplace.
24.
Appropriate
Government to take measures to publicise the Act.—The appropriate Government may, subject to the availability of financial and other resources, —
(a) develop relevant information, education,
communication and training materials, and organise awareness programmes, to advance the understanding of the public
of the provisions of this Act providing for protection against sexual harassment
of woman at workplace;
(b)
formulate orientation and training programmes for the members
of the 1[Local Committee].
25. Power
to call for information and inspection of records.—(1) The
appropriate Government, on being
satisfied that it is necessary in the public interest or in the interest of
women employees at a workplace to do
so, by order in writing,—
(a) call upon any employer or District Officer to
furnish in writing such information relating to sexual harassment as it may
require;
(b) authorise any officer to make inspection of
the records and workplace in relation to sexual harassment, who shall submit a report of such inspection to it
within such period as may be specified in the order.
(2)
Every
employer and District Officer shall produce on demand before the officer making
the inspection all information,
records and other documents in his custody having a bearing on the subject matter of such inspection.
26.
Penalty for non-compliance with provisions of Act.—(1) Where the employer fails to—
(a)
constitute an Internal Committee under sub-section (1)
of section 4;
|
1. Subs. by Act 23 of 2016, s. 3 and the Second Schedule, for “Local Complaints Committee” (w.e.f. 6-5-2016).
(b)
take action
under sections 13, 14
and 22; and
(c) contravenes or attempts to contravene or abets
contravention of other provisions of this Act or any rules made thereunder,
he
shall be punishable with fine which
may extend to fifty thousand rupees.
(2) If any employer, after having been previously
convicted of an offence punishable under this Act subsequently commits
and is convicted of the same offence,
he shall be liable to—
(i) twice the punishment, which might have been
imposed on a first conviction, subject to the
punishment being maximum provided for the same offence:
Provided that in case a higher
punishment is prescribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the
same while awarding the punishment;
(ii) cancellation, of his licence or withdrawal, or
non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local
authority required for carrying on his business or activity.
27. Cognizance
of offence by courts.—(1) No court shall take cognizance of any
offence punishable under this Act or
any rules made thereunder, save on a complaint made by the aggrieved woman or
any person authorised by the Internal
Committee or Local Committee
in this behalf.
(2) No court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(3) Every offence under
this Act shall be non-cognizable.
28. Act
not in derogation of any other law.—The provisions of this Act shall be in addition to and not in
derogation of the provisions of any other law for the time being in force.
29.
Power of appropriate Government to make
rules.—(1) The Central Government may, by
notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:—
(a)
the fees or allowances to be paid to the Members under sub-section (4) of section 4;
(b) nomination of members
under clause (c)
of sub-section (1)
of section 7;
(c) the fees or allowances to be paid to the Chairperson, and Members under sub-section (4) of section 7;
(d) the person who may
make complaint under sub-section (2) of section
9;
(e) the manner of inquiry under sub-section (1)
of section 11;
(f) the powers for making an inquiry under clause (c)
of sub-section (2) of section 11;
(g) the relief to be recommended under clause (c) of
sub-section (1) of section
12;
(h) the manner of action to be
taken under clause (i) of sub-section (3) of section
13;
(i) the manner of action to be taken under sub-sections (1) and
(2) of section 14;
(j) the manner of action to be taken
under section 17;
(k) the manner of appeal
under sub-section (1) of
section 18;
(l) the manner of organising workshops, awareness
programmes for sensitising the employees and
orientation programmes for the members of the Internal Committee under
clause (c) of section 19; and
(m) the form and time for preparation of annual
report by Internal Committee and the Local Committee under sub-section (1) of section
21.
(3) 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, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under
that rule.
(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.
30.
Power to remove difficulties.— (1)
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:
Provided that no such order shall be made
under this section after the expiry of a period of two years from the
commencement of this Act.
(2)
Every order made under this section shall be laid, as soon as may be after it
is made, before each House of Parliament.
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