d'-.,.Rl lio ito 1l;<'f~-(v;i)04/000712003-) 3 BEGISTEUt:l> :sO Ill. ,'Nl0410001l2003 IJ "fio 181 No. 1111 <m!11ffiVT EXlRAORD~ARY 'll'I 11-~ I
PART 11- Section I
1llfl.rilm l'l~ PUBLlSIIED BY AUTHORITY _"_" •.""" ---"," """,_,:.."",," "o-:=. ".-::::C:O:'====:-C= 'I{~,~, .23, 2013/~ 3,1935 (IT't>) NEW DELHI, TUESDAY, APIUl,23, 2013/ VAISAKHA 3, 1935 (SAKA) -"---,-_._-------._-----,--+---_.._--- .' >ll 'Tl'1 if f'A 'Fl~ .;t "ffiit t mm 1'1> w 3fffll~ <?; <"'I if WI "IT~ I -Scparau.· paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE (Legis'"live Department) Nruo Delhi. the 23rd April, 20 13/Vcli.wkha], 19]5 (Sakal The following Act of Padiamenl received the assent of the Prcsirient on the 22nd April, 2013, aod is hereby published for general information:", , THE SEXUALI-lARASSMENT OF WO:VlEN AT WORKPLACE (PREYFNTION, I'ROlJIBITlON AND RRDlU::SSAL) ACT, 2013 (No, 14 OF 2013) [22nd April, 2013.J 1\n Act to provide protection against sexual harassment ofwomen at workplace and for the prevention and redressal ofcomplaints ofsexual harassmcnt and for mailers connected therewith or incidental thereto" WHERI.AS sexual harassment results in violation of the lundamental rights of3 woman \0 l~qllality undl'ral1idcs 14 and 15 of the Constitution ofLndia and her right to life ltnd to live with dignity under article 21 of the Cunstitution and right to practice any proft:ssion or to carry on (lny occupatiun, trade or business which includes a right to a safe environmenl fTee from 5exual harassment;
A~D WllEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and insrwments such,,~ Convention on the Elimination orall f"onns of Discrimination against Women, which hilS bt'cn nltiJled on the 25th June, 1993 by the Government oflndia:
I\:-'IJ WIlI'.RI·;\S il is Gxpe::dicllt to l1l<lk~ provisions fi.ll" giving CflCCllu the said Convention l<u' protection of'womcn againsl sexual hafi:lssmcnt al \\'orkplal.:c.
Shun title.
extent and commencement Dclinillons.
2 TilE GAZETTE OF I:-<OIA EXTRAOROI)/ARY lI'AltT 11 - .... :::--=.:: -::".:":.: :.=-::.::.-.=.. ::.=:.::.:..=::'::-~- ;:-~=----:-_-=--=-.:::=.::..::::-~:...:..=.:::--===== ':::"':'':-:::.' =-=- UE it enacled by Parliament in the Sixty-fourth Yearofthe Republic oflndi.as fbllows:--- CIIAPTER] PI{ELlMI;-';ARY I. (I) This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition .nd Redress.l) Act, 2013.
(2) It extends to the whole oflndia.
(J) II shall come into force on such date as the Central Government may, by notification in the Ollicial Gazelle, appoint. .
2. In this Act, unless the context otherwise requires,-··
(a) "aggrieved womao" means-
(i) in relation to a workplace, 3 wom.n, of any age whether employed or not, whu 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 fuods provided directly or indirectly· - (A) by the Central Government or the Union territory administration, the Central Government;
(8) by the State Government, the St.te Government;
(ii) in relation to any workplace not covered U~Jder sub-clause (i) and falling w~thin its territory, the State Government;
(c) "Chairperson" means the Chairperson of the Local Complaints Commillee nominated under :mb-section (I) .of section 7; , (<I) "Distriet Officer" means an officer notified under sectinn 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, permanenl, part time'or full time basis, hllt docs not include any member ofthe family of the employer;
(j) "cmployee" 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, whethcr the tenns of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee. apprentice or called by any other sueh name;
(g) "employer" means:"-
(i) in relation to any department, organisation, undcrtaking.. estahlishment, enterprise, institution, oflice. branch or unit of the appropriate Government or <i local authority, the head of that department, organisation, undertaking, establishment. enterprise, institution, office, branch or unit or such·othcr officer as the appropri<itc Government or thc 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 rcsponsiblt: for the fT!nnagcmcnt, supervision and control of the workpl<.lcc.
SEC. II TIlE GAZETTE OF I:\DIA EXTRAORDINARY ____ • 0 ••,._. • • - .. __.- .._ .. __ . --_0- .....
3 f;xplanatiol1.-- For the purposes of this sub-clause "management" includes the person or board or committee responsible for formulation and administration of polices for such organisalioo:
(iiI) in rchillOn 10 workplaec covered under sub-clauses (I) and (ii), Lhc person discharging contractual obligations with respect to his or her employees;
(iv) in relalioHlo a dwel!ing-plaee or house, a person or a household who employs or benefits from the employment ofdomestic worker, irrespective ofthe number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic worker;
(h) "Intemal Committee" means an Internal Complaints Committee eonstituled under section 4:
(I) "Local Committce" means the Local Complaints Committee constituted under section 6;
(j) "Member" meims a Memher ofthe (ntemal Comminee or the Local Committee, as the case may be;
(*) "prescribed" means prescribed by rules made under this Act;
(f) "Presiding Officer" means the Presiding Officer of the Internal Complainls CommiLtee nominated under sub-section (2) of section 4;
(m) "respondent" mean, a person against wbom the aggrieved woman has made ucomplaint under section 9;
(n) "sexual harassment" includes anyone or more of the following unwcleome aels or behaviour (whether directly or by implication) namely:-
(i) physical contact and advances; or
(il) a demand or requesl for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) sho"Ying pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct ofsexu.1 nature;
(0) "workplacc" includes ..
(i) any department, organisation. undertaking, establishment, enterprise, instilution, ollice, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropril\tc Government or the local authority or a Government company or a corporation or a c.;o·opcrativt: society;
. (it) 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, entcrtainmental, 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 ufor during the course of employment including Iransportation provided hy the employer for undertaking such jOUnlcy;
·1 THE GAlEHI' OF I:\OIA EXTRAORDI0iARY (PART II :::......-.::-..=.- .--:--::.=-.- ..-.:::--..::-=_-:_-==.:.-.=.===--_-.:-...::::-:- - .. -=.'-=--==:=-:=-_ ..
(\'/) a dwelling place or a house;
(P) "ullorganiscd 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 numbcr of 3uch WOrkCf:l is."iess than reno Prncnl\{lll of snual harasslllclli ConstinJli{lIl or [nlcrnul COlnplainls Committe.::.
3. (/) ~o woman shall he suhjecled to sexual harassment at any workplace.
(1) The ti:lllowing circumstances, among other circumslances, ifil occurs or is persent In relation 10 or connected with any act or behaviour of sexual harassment may ::I010uni to sexual harussment:·--
(i) implied or c,plicit promise of preferential treatment in her employment: or
(ii) implied or explicit threat ofdetrimental treatment in her employment: or
(iii) implied or explicitlhreat about her present or future employment status; or
(iv) interference with her work orcreating an intimidating or offensive or hostile work environment fur her; or
(v) humiliating treatment likely to affect her health or safery.
CHAI'IER II CO~STITUnON OF I:-':TERNAL COMPLAINTS COMMITTE!!
4. (/) Every employer ufa workplace shall, by a~ order in writing. constitute a Commillee to be known as the "lntt:Jnu! Complaints Committee";
Provided that where the ofliees or administrative units of the workplace are located at diflcrent places or divdonul or sub-divisional level, the [ntemal Committee shall be constituted at till administrative units or .unites.
(.?) Thc.lntemal Committee shall consist ofthe following members to be nominated by the employer. namely: ._.
«(I) a Presiding ·Officcr" who 'shall he & woman employed at ia senior lcvel at wurkrlaee fTom amongst the employees:
Provided thal in case a senior level woman employee is not available, the Presiding Officer slmll be nominated from other offices or administrative units of the workplace referred to in sub-section (/):
Provided nlrthcr that in case the other offices or administrative units of the workplm;e do not have a senior level woman employee, the Presiding Officer shall be l101l1imHCd from ,my other workplace of the same employer or other departrncnl or organisatiun;
(bl nol less than two Members from amongst cmployees preferably cOlllmitted to the l,.;au:>c of women or who have had experiencc in social work or have legal knowledge;
(c) one member from amongst non-governmental organisi:itions or associations committed to the cause ofwomen or a person familiar with the issues relating to sexual harassmellt:
Provided Ihat at least one-halforthe tOlal Members so nominated shall be women.
(3) The Presiding Officer and every Memberofthe lntemal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
(.f) rhc .V1cmher appointed fmm amongst the non·governmental organislltiolls or i"l$sociations ..hall be paid such fees or allow::Inces lor holding the proceedings ofth~ IniernClI Commillcc, by the ..:mploycr. as may be prescribcct I SIT I I THE GAZETTE OF I\DIAEXTRAORDINARY 5
(5) Where the Presiding Officer or any Member of the Internal Committee.···
(a) contravenes the provisions of section 16; or
(h) has been convi<;:ted for an offence or an inquiry into an offeree under any law lor the time heing'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 omce prejudicial to the public interest.
such Presiding Officer or Member, as thc case may be. shall be removcd from the Committcc and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of Ihis section.
CHAPTER III CONSTITUTION 01' LOCAl. CO:vfrI.AI~TS CO\ll~ITrr:E
5. 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. (l) Every District Officcr shall constitute in the district concemcd. a committee to be known as the "Local Complaints Committee" to receive complaints of sexu.?! harassmen:
.. 'from establishments where the Intemal Complaints Committee has not been constituted due to having less than tcn workers or if the complaint is ·against the employer himself.
(1) The District Oflicer shall designate one nodal officer in every block. taluka and tchsil in rural or tribal area and ward or municipality in the urban arcCI,to receive complaints and forward the same to the concerned Local Complaints Commitlcc within a period of seven days.
(3) The jurisdicti";l ofthe Loc.,,1 C0mplaints Committee shall extenJ to the arcas of the district where it is constituted.
7. (I) The Local Complaints Committee shall consist of the following members to be nominated hy the DistTict Officer. namely:·-·
(a) a Chairperson to be nominatcd from amongst the eminent women in the field or 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, ofwhorn at ICi\st one shall be a woman, to be nominated from amongst such non-governmental organisations or associations committed 10 the cause ofwomcn or a person familiar with the issues relating to sexual harassment. which may he preserihed:
Provided that at least one ofthe 1I0minees should, preferably. have a background in law or 1cglll knowledge:
Provided further Ih~t at least 0!1c of the nominees shall be a woman belonging to the Sc.;heduled Castes or the Sc.;hcduled Tribes or the Other R<lc.;kward Classes or minority community notified by the Central Government, from time to time;
(Ii) the conccmed oflicer dealing with the social well"re or women and child development in the district, shall be a member e." oflicio.
(2) The Chairperson and "very Mcmbcr of the Local Committee shall hold office for such period. not exceeding three years, fTom the date oftheir appointment as may be specified by the Di ..tricl omccr.
:\"Ollfication of District otncc:r.
Constitution and jurisdiction of Local Complain IS Commillcc Composillon, tenure and other terms and conditions llf Local Complaints Committee .'
(, TI IEGAZI'TI EOI' I"DIi\ EXTRi\ORD1:--:i\RY IPARf 11·- Grants and alldit C.,nnl)lalnl Qr sexual IHlfussnlcnl
(3) Where the Chairperson or any Member oflhe Local Complaints Comminee _
(a) contravenes the provis.ions of sectio~ 16; or , .
(b) has been convicted for an offence or an inquiry into an otfenee under any law for the lime being in force is pending against him; or
(c) has heen 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 lo (he public interest, such Chairperson or Mcmber, as the case may be, shall be removed (rom the Comminec and Ihe vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance wilh Ihe provisions of this section.
(./) The Chairperson and Members of the Local Comminee other than Ihe :Vlemhers nominated under clauses (b) and (d) of sub-section (I) shall be entitled to such fees or allowances for holding the proceedings of the Local Committee as may be prescribed.
8. (/) The Central Government may, after due approprialion made by Parliament by law in Ihis behalf, make to the State Government grants of such sums of money as the Central Guvernment may think fit, for being utilised forthe payment offees or allowances referred to in sub-section (4) ofsection 7.
(2) The State Government may set up an agency and transfer the grants made under sub-seclion (/) 10 tbat agency.
(3) The agency shall pay to the District Officer, SUCh. sums as may be required for Ihe payment of fees or allowances referred to in suh-section (4) of section 7.
(4) The accounts oflhe agency referred to in sub"sc,.tioll (2) shall be maintained and audiled in such maoner as'may,'in consultation wilh the Accountant Ge"e,al of the State, be prescribed and the person hulding the custody of the accounts of the agency shall furnish, to the State Government, before such datc, as may be pre~~ribed, its audited copy ofaecounts together with auditors' report thereon.
CHi\PTERIV CO.\1PI.II.IST
9. (I) Any aggrieved woman may make, in writing, a complaint ofsexual harassment at workplace to the Internal Committee ifso constituted, or the Local Committec, in case it is not so constituted, within a period or three months from the datc 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 madc.in writing, the Presiding Ofliccr or any Member of the Internal Committee or thc 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 Ihe case may be, the Local Comminec may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, ifit is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.
(2) Where thc aggrieved woman is unable to make a· complaint on accounl of her physical or mcntal incCtpacity or death or otherwise, her legal heir or such other person as may be prescribcd may make a complaint under this seclion.
10. (/) The Internal Committee or, as thecase may he, the Local Committee, may, hcfore inilialing an inquiry under scction 11 and at thc request (·rthc aggrieve~l woman IC.lke steps 10 settle the maHer bc(wecn her and the respondent through conciliation:
Sloe. II THE GALETrE OF I:\DIA EXTRAORDli'JARY 7 45 or 1860 45 of 1860.
:; of 190ft
Provided th(lt no monetary settlement shall be made as a basis of conl'iliation.
(2) Where asettlemenl has beer.. aJTived alunder Sllb-s~ctirlT1 <.n. thc Intcrnal Committee or the Local COlnmittee,_as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Omccr to take action as specificd in the rccommendat ion. .
(3) The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded under sub-seclion (2) to the aggrieved woman and the respondent.
(4) Where a settlement is alTived at under sub-section (I), no further inquiry shall he conducted by the Internal Committee or the Local Committee, as the case may be.
II. (I) Suhjeetto the provisions of section 10, the Internal Committee or the Local Inquiry In'" Committee. as the case may be, shall. where Ihe responderit is an employee, proceed to make clI/IIplain< inquiry into the complaint in accordance with the provisions of the service rules applicable 10 the responoent and where no such rules exist, in such manner as may be prescribed or in case ora domestic worker, the Local Committee shall, ifprimajacie 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, and any other relevant provisions of the said Codc where applicable:
Provided that where the aggrieved woman infonns the Internal Committee or the 1.0cal Committee. as the case may bc, that any tcrm or conditiDn of the scttlcment arrivcd at under sub-section (2) of section 10 has nol been complied with by the respondent, the Internal Committee or the l.ocal 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 oppcrtunity ofbeing.heard and a copy ofthe findings shall he made available io both the parties enahling them to make representation against the findings before the Committec.
(2) Notwithstanding any!lti"g contained in section 509 of the Indian Penal Code, the court may, when the respondent is convicted of the offence, order payment ofsuch sums as it may eon,ider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15.
(3) Forthe purpose of making an inquiry under sub-section (I), the Internal Committee.
or the Local Committee, as the case may be, shall have the same powers as arc vested in a civil court under the Cnde of Civil Procedure. 1908 when trying a suit in respect of the following matters. namely:--· (1I) summoning and enforcing the attendance of any person and examining him Dn oath;
(b) requiring the discovery and production of documents; and
(c) "ny other matter which may be prescrihcd.
(.J) The inquiry under suh-section (/) shall be completed within a period of ninety OilYS.
CHAPTER V 1s0l!IR Y Nro ('OMPL."N"I
12. (I) During the pendency ofan inquiry. on a written request made by the aggrieved woman, the Internal Commillee or the l.ocal Committee. as the case may he. may recommend to lhe employer 10·
(u) ImnSr~r the aggricved woman or the respondent to any other workplace; or Actinn duong pCllucn~y or inqUiry TilE GAI.ETTE OF I"DII\ EXTRAORDINARY PUfllshmcnl fot false or malicIous cumplaml and false cVldenc( . -_.._-- .. -..._ _- --_._..-.-----_.._---.._--_.-- . - ..._--- - -- - ....._." .._._------ - --_.---_.._~.~:---.::._:=.--_.- .....
(h) grant leave to the aggrieved woman up to a period of three months: or. . . \
(e) grant such other rehefto the 'aggrieved woman as may he prescribed.
(2) The leave granted to the-aggrieved woman uoder this section shall be in addition to the leave she would he othemise entitled.
(.I) On the recommendation of the Internal Committee orthe Local Committee, as Ihe case may be, under sllb-seetion (I), the employer shall implement the recommendations made under suh-section (I) and send the report of such implementation to the Internal Commincc or the Local Committee. as the case may be.
Inq""l' "r'''' 13. (/) On the completion of an inquiry under this Act, the Internal Commineenr the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as tile case may be, the DislriclOmcer within a period often days from the date ofcompiclion of the inquiry and such report be made available to the concerned parties.
(2) Where the Internal Committee or Ihe Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not heen proved, it shall recommend to the employer and the District Officer that no action is required 10 be taken in the matter.
(3) Where the Intenml Committee or the Local Committee, as the casc may bc: arrives tlt the conclusion lhat the allegation against the respondent has been provcd, it shall rccommend to the employer or the District Officer, as the cas~ may bc---
(i) to tak.e 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 prcscribed;
(ii) 10 deduct, notwithstanding 'lnythir;g i~ the service rules aprli,able to the rcspondent, from thc salary or wages 6fthe respondent such sum as it may consider appropriate to b'C paid to the aggrieved woman o.r to her legal heirs, as it may dctcm\ine, in accordance with the provisions of section 15:
Provided Ihat in case the employer is unahle to make soch deduction from the salary orthe rcspondent due to his being absent from duty or cessation of employment it may direct la the respondent to pay such sum to the aggrieved woman:
Provided further that in case the respondent fails to pay the slim referred to in clause (ii), the Internal Committee or, as the ease may be, the Local Comminee may IOT\vanJ the order for recovel)' of the sum as an arrear of land revenue to the concerned District Oflicer.
(4) The employer or the District Officer shall act opon the recommendation within sixty days of its rcceipt by him.
14. (I) Where the Internal Committee or the Local Committee, as the case lOay be, arrives at a conclusion that !he 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 (I) or suh-.c;ection (2) of section 9. as Ihe case may be, in accordance with Ihe 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 adequale proof need nol attract action agaill~t the compl:!imml under this section:
Provided filrthcr that the malil.:ious intent on pal1 oftilc complClinant shall be established ... ftcr an inquiry in accordance with Ihe procedure prescribed. before any aClion is recommended.
Sl<. II THE GAZETTE OF I:\DIA EXTRAORDINARY 9 12 of 1005
(2) Where the lotemal Committee or thl~ Local Committee, as the case may be, arrives at ;l 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 he, 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. for the purpose ofdetermining the sums to be paid to the aggrieved woman under clause (ii) ofsub-secliol1 (3) ofsection 13. the Intemal Committee or the Local CommiUt:c, tiS the case may be, shall have regard to ...
Ca) the mental trauma, pain, suffering and emotional distress caused to the aggnevetl woman;
(b) the l"ss in the career opportunity due to the incident of sexual haraS5ment;
(e) medical expenses incurred by the victim for physical or psychiatric treatmcnt;
(til the illcome and financial status of the rcspondent;
(el fcasibility ofsuch payment ill lump sum or in instalments.
16. Notwithstanding anything contained in the Right to Information Act, 2005, the t;Onlcnts of the complaint made under section 9. the identity and addresses ofthc 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 he, 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 iJny manner:
Provided that infonnation may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, artdrcss, identity or any other particulars clllcuhltcd to lead to the identification of the £Iggricved woman and witnesses.
17. Where any person entrusted with the duty to handle or deal wiih the complaint, inquiry or any recommendations or action to be taken under the provisions of this Act, contravenes the. provisions ofsection 16, he shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no stich service rules exist, in such manner as may be prescribed.
18: (I) Any person aggrieved from the recommendations made under sub-section (2) of 'eetion 13 or under clause (i) or clause (ii) "f sub-section (3l of section 13 or sub section (I) 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 Ihe 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 ill loree, Ihe person aggrieved may prefer an appeal in such manner as may be prescribed.
(1) The appeal under sub-section (J) shall be preferred within a pcriod of ninety days of the recommcntla!;ol1s
CHAPTER VI DUTIES OF F..\1PLOYER
19. Every cmployer shall·-- (t1) provide a .:;afe working envimnment at the wor!(plac~ wh~ch shail include safety from the persons coming into contact at the workplace; ,
(h) display i:l.l any conspicuous place in the workplace, tht: penal consequcnces of sexual harassments; and the ordcr constituting, the lntemal Commitl~c under sub section (/) of <acelion 4:
f)ctcrlllllHH iOIl of compcn~aljon Prohibilion of publication or making known contents of complaint and inquiry proceedings.
I'enall)' for publicalion or making known contents or complaint and inquiry proceedings Appeal I]uties of ~mplo'icl.
10 THE GAI.ETTE Or INDIA EXTRAORDI:\ARY [PART 11-· Duties <lno powers or D1S1riCI Offlccl.
Cnmml\let': lu submil anJlual repurt Employer 10 includl:
lnformillWIl HI ilnnllal repurt Appropmllt:
ljovcrnmcnl 10 munitor lmpkmenlilllnn alld nHllnl,1I11 d<llil f\rrfoprlal~:
(jovcrnmClli 10 I il\.;l:
mea~lIICS In pliblichC lhe !let
(c) organise workshops and awareness progranunes at regular intervals for sensilising the employees with the provisions of the Act and orientation programmes for the members of the internal Cominittee in the manner as may be prescribed;
(eI) prov;deneccs~ary facilities to the Inlemal Committee orthe Local Committee, os the case may be, for dealing wilh the complaint and conducting an inquiry;
(e) assist in securing the attendance of respondent and witnesses before the Internal Committee orthe 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 Ihe complaint made under sub-section (I) of section 9;
(g) provide assistance to the woman if she so chooses 10 tile a complaint in relation to the offence under the Indian Penal Code or any other law for the time being 15 of 1860.
in force;
(h) cause to initiate action, under the India~ Penal Code or any other law forthe 45 of IH60.
time being in force, against the perpetrator, -or if the aggrieved woman so desires, where Ihe perpetrator is not an employee, in the workplace al which the incident of sq.:ual harassment took place;
(i) treat sexual harassment as a misconduct ll.nder the s~rvice I1JJcs and initiate action for such misconduct;
(j) monitor the timely submission of repone by the lntemal Committee.
CHAPTERVH DUTIES ANO POWERS OF DISTRICT OFFICEH
20. The District Officer shall,.· .
(0) monitor the timely submission ofrcpons furnished by the Local Committee;
(h) takl: sllch measures as may be necessary for engaging non-governmental urganisations for creation of awareness on sexual harassment and the rights of the women.
CHAPTER VlII MISCEU.ANEOUS
21. (I) The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such fonn and at such time as may he prescribed, an annual report and submilthe same to lhe employer an~ the Dislriet Officer.
(2) The District Officer shall forward a briefreport on the annual repons received under suh-section (I) to the State Government.
22. The employer shall include in its repon the nllmber ofcases filed, if any, and their disposal under this Act in the annual report of his organisation or where no such report i.s required to be prepared, intimate such number ofcases, if any, to the District Officer.
23. The appropriate Government shall monitor the implementalion of this Act and ItJaintain data on the number of eases filed and disposed of in resp~ct of all cases of sexual harassment at workplace.
24. rhe appropriate (lovernmcnt may, subject to the (Ivai labi Jity 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 provi~ionsoflhis Aet providing for protection against sexual harassment of woman at workpliv~::;, SEC. I J THE GAlETTI' or I);OIA EXTRAOROI,\ARY II
(h) formulate orientation and training programmes forthe members ofthe Lucal Complaint') Committee.
25. (/) The approprjate Government. On being satisfied lhat il is necessary in thc public interest or in the interest of women employees at a workplace to do so. by order in writing,--
(a) call opon any employer or District Officerto 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 haras!;ment. who shall submit a report ofsuch inspection to it within such period as may be specified in the order.
(1) Evcry employer and District Officer shall produce on demand before the oflicer making the inspection all infonnation. records and other documents in his custody having a hearing on the subject matter of such inspection.
26. (/) Whcre the employer fails to··-
(a) constilute an Internal Committee under sub-section (I) of section 4;
(h) take action under sections 13.14 and 22; and
(c) contravenes or attempts to contravenr: 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 ropees.
(1)11' any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted ofthe same offence, he shall be liable to· __·
(i) twice lhe punishment, which might have been impnsed on a first conviction, subject to the punishment being maximum provided for the same offence:
Provid<:d that in case a higher punishment is prescribed under any olher law for Ihe time being in force, forthe offence for whieh the accused is being prosecuted, lhe court shall take due cognizancc of the same while awarding the punishrilent;
(ii) cancellation, of his licence or withdrawal, or non·rcncwal, or approval, or cancellation ofthe registration, as thc casc may be, by the Government or local authority required for carrying on his business or activity.
27. (1) No court shall take cognizance of""y offencc punishable under this Act or any rules made thereunder, save 011 a complaint made hy the aggrieved woman or any person authoriscd by the Internal Committec or Local Committee in this behalf.
(2) No court inferior to that ofa Me,tropolitan Magistrate or a Judicial Magistrate of the first class shall try any nffence punishable under this Act.
(3) Every offence under this Act shall be nOll-cognizable.
28. The provisions of thi:; Act shall be i~ addition to and not in derogation or lhe provisions or any other law for the time being in force.
29. (/) '"I'he Central Govcrnmenlmay, by notification in the OfJIciai Gazette, make rules lhr carrying out (he 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:-
(u) the fees or allowances tu bt.: paid!O the Members under sub-section (:/) of section 4;
(h) nomination ·ofrnembcrs under clause (e) ol'sub-scction (I) of seclion 7:
(c) Ihe Iccs or "llowances Iu be paid to the Chairperson, alld :vtcmbCT$ under ,>ub-scclion (.1) orscction 7;
flower to call for information ami inspection of records:
flenally for non compliance with provisions of Act.
Cognizance of offence by CDuns I\<:t nOI in derogation of any other law, Power of appropriate Government to make rules.
,..
12 fHE GAZETTE OF I:\DIA EXTRAORDINARY [PARTII ..
Power 10 rcmOVl:
dlf1icullles ....__.._ -- .-- - ..... --.--_._---_.._._---.-.----__ .._._." .. -. .._ __.._. . _.__ ".__··_--_.-._.0_. __ .:~:_:..::..=__::..==::~;::
(d) the person who may make complaint under sub-section (2) of seClion 9;
(e) the manner of inqoir)' onder sllb-seelion (/) of section I I;
(f) the powers fnr making an inquiry under clause (e) of sub-scetion (2) uf section I-I;
(g) the relief to be recommended onder clause (e) ofsub-section (i) ofsection 12;
(h) the manner of action to be taken under clause (i) of sub-section (3) of sel,;tiun 13;
(i) the m.nnerl,faction to be taken under sub-sections (/) and (2) ofsection 1'1: .
(i) the manner ofaction to be taken under seclion 17;
(k) the manner of appeal under sub-section (/) of section t8;
(f) the manner oforgan'ising workshops, awareness programmes for sensitising lhe employee., and orientation programmes forthe members of the Internal Committee IInder clause (e) of section 19; and (11:) the form and time for preparation ofannual report by Internal Committee and the Local Committee uoder sub-section (/) of section 2'1. .
(3) Every rule made by the Central Governmcnt under this Act shall be laid as soon as muy be ancr it is made, before each House of Parliament, while it is in session, for a talai period ofthiny days which may he comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session Dr the successive sessions aforesaid. both Houses agree in making any modification in the rule or buth House" agree that the rule should not be made, the rule shall thereafter have effect only in such modified fom] or be of no effect, as the case may be; so, however, that an)' such modification", annulment shall be without prejudice to the validity of anything previously lione under that rule.
f'I) Any rule made under sub-section (4) of section 8 by the State Government ,hall be laid, as soon CiS may be arter it is made, before each House of the State Legislafure where it consists of two Houses, or where such Legislature consists of one I·lousc, before thell House.
30. (I) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order puhlishcd in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act. as may appear to it to be nc::ccssary for removing the difficult)':
Provilkd that no such order shall he made under this section after Ihe expiry (If il periOlJ nflwo years from thr commencement ofthi:; Act.
(2) EveI)' order malic under Ihis section shall be laid, as soon as lTlay be (lfta it is made, before each House of Parliament.
PK. :v1AI.HOTRII, SeC)'. 10 Ihe (jovi. of indio.
CORRIGEJ'[)II THE I'REVl:STJU\ or :v10:\EY-LAli'\DERr~G(1I:v1 E'\D:v1ENT) ACT,20 12
(2012013) AI pngc 18, in line '2./or"Arts", read·'Ar"'.
AI pagt: 21, inlinr 14. {O,.·'Protcction". read ·(Protection)".
SEC. IJ THE GAZETTE OF INDIA EXTRAORDINARY 13 CORJUGENDUM THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 2012.
(3 of2013) At page 6. in line 22,/or uclause", readUc)ausen .
CORlUGENDUM THE BANKING LAWS (AMENDMENT) ACT, 2U 12 (4 of2013) At page 8, in line 29,[or 'sections 30",' read 'section 30,",'.
CORRIGENDUM THE APPROPRIATION ACT, 2013 (9 of2013) At page I, in the marginal heading to section 2, for "4715,54,00,000", reod"497 I5,54,00,000".
GMGIPMRND-354GI(S4}-2:w4-2013.