SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013, - Complete Act
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013:
Preamble - THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
Chapter I - PRELIMINARY
Section 1 - Short title extent and commencement
Section 2 - Definitions
Section 3 - Prevention of sexual harassment
Chapter II - CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE
Section 4 - Constitution of Internal Complaints Committee
Chapter III - CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE
Section 5 - Notification of District Officer
Section 6 - Constitution and jurisdiction of Local Complaints
Committee
Section 7 - Composition, tenure and other terms and conditions
of Local Complaints Committee
Section 8 - Grants and audit
Chapter IV - COMPLAINT
Section 9 - Complaint of sexual harassment
Section 10 - Conciliation
Section 11 - Inquiry into complaint
Chapter V - INQUIRY INTO COMPLAINT
Section 12 - Action during pendency of inquiry
Section 13 - Inquiry report
Section 14 - Punishment for false or malicious complaint and
false evidence
Section 15 - Determination of compensation
Section 16 - Prohibition of publication or making known contents
of complaint and inquiry proceedings
Section 17 - Penalty for publication or making known contents of
complaint and inquiry proceedings
Section 18 - Appeal
Chapter VI - DUTIES OF EMPLOYER
Section 19 - Duties of employer
Chapter VII - DUTIES AND POWERS OF DISTRICT OFFICER
Section 20 - Duties and powers of District Officer
Chapter VIII - MISCELLANEOUS
Section 21 - Committee to submit annual report
Section 22 - Employer to include information in annual report
Section 23 - Appropriate Government to monitor implementation
and maintain data
Section 24 - Appropriate Government to take measures to
publicise the Act
Section 25 - Power to call for information and inspection of
records
Section 26 - Penalty for noncompliance with provisions of Act
Section 27 - Cognizance of offence by courts
Section 28 - Act not in derogation of any other law
Section 29 - Power of appropriate Government to make rules
Section 30 - Power to remove difficulties
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013, - Complete Act
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL) ACT, 2013:
Preamble - THE SEXUAL
HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT,
2013
Chapter I - PRELIMINARY
Section 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 date as
the Central Government may, by notification in the Official Gazette, appoint.
Section 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 a 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;
(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 an
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 behaviour (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 provided 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.
Section 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 behaviour 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
Section 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 Committee 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 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 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
Section 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.
Section 6 -
Constitution and jurisdiction of Local Complaints Committee
(1) Every District Officer shall constitute in
the district concerned, a committee to be known as the "Local Complaints
Committee" to receive complaints of sexual harassment from establishments
where the Internal Complaints 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 Local Complaints Committee within a period of seven days.
(3) The jurisdiction of the Local Complaints
Committee shall extend to the areas of the district where it is constituted.
Section 7 -
Composition, tenure and other terms and conditions of Local Complaints
Committee
(1) The Local Complaints 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,
from the date of their appointment as may be specified by the District Officer.
(3) Where the Chairperson or any Member of the
Local Complaints 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 and 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.
Section 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 Government may 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
Section 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.
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 a 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 (7), no further inquiry shall be conducted by the Internal
Committee or the Local Committee, as the case may be.
Section 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 under 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
Section 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
as 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.
Section 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:
Provided 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.
Section 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.
Section 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.
Section 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 victim 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.
Section 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.
Section 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 subsection (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
Section 19 - Duties of
employer
Every employer shall--
(a) provide a safe working environment at the
workplace which 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 subsection (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 may 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
Section 20 - Duties
and powers of District Officer
The District Officer shall,--
(a) monitor the timely submission of reports
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
Section 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.
Section 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.
Section 23 -
Appropriate Government to monitor implementation and maintain data
The appropriate Government shall monitor the
implementation of this Act and maintain data on the number of cases filed and
disposed of in respect of all cases of sexual harassment at workplace.
Section 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 Local Complaints Committee.
Section 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.
Section 26 - Penalty
for noncompliance with provisions of Act
(1) Where the employer fails to--
(a) constitute an Internal Committee under
sub-section (1) of section 4;
(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.
Section 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.
Section 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.
Section 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.
Section 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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