GOVERNMENT OF KERALA
Law (Leg.-Publication) Department
NOTIFICATION
No. 18565/Leg.Pbn.2/2013/Law.
Dated, Thiruvananthapuram, 23rd November 2013.
The following Act of Parliament published in the Gazette of India,
Extraordinary, Part II, Section I dated 23rd day of April, 2013 is hereby
republished for general information. The Bill as passed by the Houses of
Parliament received the assent of the President on 22nd April, 2013.
By order of the Governor,
C. P. RAMARAJA PREMA PRASAD,
Law Secretary.
Kerala Gazette No. 50 dated 17th December 2013.
PART I
Section i
2
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013.
CHAPTER I
PRELIMINARY
CLAUSES
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 Complaints Committee.
7.
Composition, tenure and other terms and conditions of Local Complaints
Committee.
8.
Grants and audit.
CHAPTER IV
COMPLAINT
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.
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CLAUSES
17.
Penalty for publication or making known contents of complaint and
inquiry proceedings.
18.
Appeal.
CHAPTER VI
DUTIES OF EMPLOYER
19.
Duties of employer.
CHAPTER VII
DUTIES AND POWERS OF DISTRICT OFFICER
20.
Duties and powers of District Officer.
CHAPTER VIII
MISCELLANEOUS
21.
Committee to submit annual report.
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.
4
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
(Act No. 14 of 2013)
AN
ACT
to provide protection against sexual harassment of women at workplace and
for the prevention and redressal of complaints of sexua1 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
which 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
lndia 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 date as the Central Government may,
by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
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(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,
6
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
7
(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.
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 persent in relation to or connected with any act or behaviour of sexual
harassment may amount to sexual harassment:—
8
(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 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:
9
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
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 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.
10
(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.
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
11
(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.
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
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:
12
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 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 (I), 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:
13
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
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
14
(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.
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:
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.
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.
16
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, (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.
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.
17
l8. 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 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 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 lnternal 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;
18
(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 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
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.
19
22. Employer to include information in annual report.— The employer
shall include in its report the number or 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 data on the number of cases filed and disposed of in respect of all
cases of sexual harassment at work place.
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.
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 work
place 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.
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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;
(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:—
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(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.
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(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 difficulites.— (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.