LexThe SEXUALHARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
Delhi · state statute
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 23rd April, 2013/Vaisakha 3, 1935 (Saka)
_ The following Act of Parliament received the assent of the President on the
22nd April, 2013, and is hereby published for general information:-.-
“+ THE SEXUALHARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
(No. 14 oF 2013)
(22nd April, 2013.)
An Actto provide protection against sexual harassment of women at workplace
and for the prevention and redressal of complaints of sexual harassment and
for matters connceted therewith or incidental thercto.
WHertas 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;
Axb 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 Indiaas follows:—--
CHAPTER |
PRELIMINARY
Short title, 1. (/) This Act may be called the Sexual Harassment of Women at Workplace (Prevention,
extent and Prohibition and Redressal) Act, 2013.
commencement
(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.
Definitions 2. In this Act, unless the context otherwise requires, --
(a) “aggrieved woman” means—
(/) 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 esiablished, 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 (/) and
falling within its territory, the State Government;
(c) “Chairperson” means the Chairperson of the Local Complaints Committee
nominated under sub-section (/} of section 7; é
(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 cmployment 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—
(4) in relation to any department, organisation, undertaking,-cstablishment,
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;
(i) in any workplace not covered under sub-clause (i), any person
responsible for the management, supervision and control of the workplace.
x
J
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;
(iti) in relation to workplace covered under sub-clauses (i) and (ji), the
person discharging contractual obligations with respect to his or her employees;
(iv) in relation to a dwelting place cr 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;
(A) “Intemal Committee” means an Internal Complaints Committee constituted
under section 4;
(i) “Local Committee” means the Local Complaints Committee constituted under
section 6;
(/) “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;
() “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
(iif) making sexually coloured remarks; or
(iv) showing pornography; or
(v)any other unwelcome physical, verbal or non-verbal conduct of sexual
nature;
(0) “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, socicty, 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;
(¥) any place visited by the employee arising out of or during the course of
employment including transportation provided by the employer for undertaking
such joumey;
Prevention of
sexual
harassment
Constitution
of Internal
Complaints.
Committee.
4 THE GAZETTE OF INDIA EXTRAORDINAR {Parr Il
(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.iess than ten. :
3. (7) 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:—
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment, or
(ii) 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, (/) Every employer ofa 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 Committce 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 shat! be 4 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 (/):
Provided further that in case the other offices or administrative units of the
workplace do not have a senior leve] 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
(6) 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. The appropriate Government may notify a District Magistrate or Additional District
Magistrate or the Collector or Deputy Collector as a District Officer for evéry District to
exercise powers or discharge functions under this Act.
6. (1) Every District Officer shall constitute in the district concerned, a committee to be
known as the “Local Complaints Committee” to reccive complaints of sexual harassmen!
‘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
tchsil 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 Committec shall extend to the arcas of the
district where it is constituted.
7. (1) The Local Complaints Committce 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;
(6) 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 Committce shall hold office for
such period, not exceeding three years, from the date of their appointment as may be specified
by the District OMicer.
Notification
of District
Officer.
Constitution
and
jurisdiction of
Local
Complaints
Committee
Composition,
tenure and
other terms
and conditions
of Local
Complaints
Committee
Grants and
audit
Complaint of
sexual
harassment
Conciliation
6
[Part U--
(3) Where the Chairperson or any Member of the Local Complaints Committce -
(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 trom 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 (/) 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 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 (/) 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 thercon.
CHAPTERIV
CoMPLAINT
9, (7) 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
50 constituted, within a period of three months from the date of incident and in case ofa
serics 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 @ 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. (/) The Internal Committee or, as the case may be, the Local Committee, may, before
initiating an inquiry under section |] and at the request of the aggrieved woman take steps
to settle the matter between her and the respondent through conciliation:
45 of 1860
45 of 1860.
5 of 1908
Provided that no monetary settlement shall be made as a basis of conciliation.
(2) Where a settlement has been atrived at under sub-section (/), 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 (/), no further inquiry shall be
conducted by the Internal Committee or the Local Committee, as the case may be.
11. (/) 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, 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 L.ocal Committec 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 oppertunity 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 Committec.
(2) Notwithstanding anything contained in section 509 of the Indian Penal Code, 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 (/), 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 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 (/) shall be completed within a period of ninety
days.
CHAPTER V
_TSQUIRY INTO COMPLAINT
12. (/) 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 wornan or the respondent to any other workplace, or
Inquiry
complaint
into
Action during
pendency
inquiry
of
Inquiry report
Punishment
for false or
malicious
complaint and
false evidence
8 THE GAZETTE OF EISDIALATRAORDINARY [Part IE-
(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 pies ibied:
(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 (/), the employer shall implement the recommendations
made under sub-section (/) and send the report of such implementation to the Internal
Committee or the Local Committee, as the case may be.
13. (/) 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---
(/) 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;
(4i) to deduct, notwithstanding anythirig 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 (é/), 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, (7) Where the Internal Committee or the Local Committec, 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 (/) 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
22 of 2005
(2) Where the Internal Committee or the Local Committee, as the case may be, arrives
at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such
manner as may be prescribed.
15. For the purpose of determining the sums to be paid to the aggrieved woman under clause (i/) 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;
(6) 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. Notwithstanding anything contained in the Right to Information Act, 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, Where any person entrusted with the duty to handle or deal with the complaint,
inquiry or any recommendations or action to be taken under the provisions of this Act,
contravenes the provisions of section 16, he shall be liable for penalty in accordance with the
provisions of the service rules applicable to the said person or where no such service rules
exist, in such manner as may be prescribed.
18. (/) Any person aggrieved from the recommendations made under sub-section (2)
of section 13 or under clause (i) or clause (/i) of sub-section (3) of section 13 or sub-
section (/) 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 (/) shall be preferred within a period of ninety days
of the recommendations
CHAPTER VI
Duties OF EMPLOYER
19. Every employer shall: --
(a) provide a safe working environment at the workplace which shail include
safety from the persons coming into contact at the workplace; *
(f) display at any conspicuous place in the workplace, the penal consequences
of sexual harassments; and the order constituting, the Internal Committee under sub-
section (/) of section 4;
Determination
of
compensation
Prohibition of
publication or
making known
contents of
complaint and
inquiry
proceedings
Penalty for
publication or
making known
contents of
complaint and
inquiry
proceedings
Appeal
Duties of
employer.
Duties and
powers of
District
Officer
Committee to
submil annual
report
Employer to
include
information in
annual report
Appropriate
Government
to monitor
implementation
and maintain
data
Appropriate
Government
to take
measures (0
publicise the
Act
10 THE GAZETTE OF INDIA E X'TRAORDINARY _ [Parr II--
(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 (/) 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 or any other law for the time being
in force;
(A) cause to initiate action, under the Indian Penal Code 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;
(/) treat sexual harassment as a rnisconduct under the service rules and initiate
action for such misconduct;
(J) monitor tke timely submission of reports by the Internal Committee.
CHAPTER Vil
DuTIEs AND POWERS OF DisTRICT OFFICER
20. The District Officer shall, - -
(a) monitor the timely submission of reports furnished by the Local Commitice;
(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. (/) The Internal Committee or the |.ocal 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 (/) to the State Government.
22. The employer shall include in its report the number of cases filed, if any, and their
disposal under this Act in the annual report of his organisation or where no such report is
required to be prepared, intimate such number of cases, if any, to the District Officer.
23. 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.
24. lhe 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 workplacz,
45 of 1860.
45 of 1860.
(6) formulate orientation and training programmes for the members of the Local
Complaints Committec.
25. (/) The appropriate Government, on being satisfied that it is necessary in the
public interest or in the interest of women employees at a workplace to do so, by order in
writing,---
(a) call upon any employer or District Officer to furnish in writing such information
relating to sexual harassment as it may require:
(b) authorise any officer to make inspection of the records and workplace in
relation to sexual harassment, who shall submit a report of such inspection to it within
such period as may be specified in the order.
(2) Every employer and District Officer shall produce on demand before the officer
making the inspection all information, records and other documents in his custody having a
bearing on the subject matter of such inspection.
26. (/) Where the employer fails to--
(a) constitute an Internal Committee under sub-section (/) of section 4;
(6) 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 rupces.
(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
toes
(7) 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 incase 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. (/) 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 Judicia] Magistrate of
the first class shall try any offence punishable under this Act.
(3) Every offence under this Act shall be non-cognizable.
28. 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. (/) The Central Government may, by notification in the Officiai 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 (:/) of
section 4;
(6) nomination of members under clause (c) of sub-section (/) of section 7;
(c) the fees or allowances to be paid to the Chairperson, and Members under
sub-section (-/) of section 7;
Power to call
for information
and inspection
of records
Penalty for
non-
compliance
with
provisions of
Act
Cognizance of
offence — by
courts
Act not in
derogation of
any other law.
Power of
appropriate
Government
to make rules
[Parr ll
(d) the person who may make complaint under sub-section (2) of section 9;
(e) the manner of inquiry under sub-section (/) of section 11;
(/) the powers for making an inquiry under clause (c) of sub-section (2) of
section 1-1;
(g) the relief to be recommended under clause (c) of sub-section (/) of section 12;
(A) the manner of action to be taken under clause (/) of sub-section (3) of
section 13;
(i) the manner of action to be taken under sub-sections (/) and (2) of section 14; -
(/) the manner of action to be taken under section 17;
(k) the manner of appeal under sub-section (/) of section 18;
(2) 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
(nz) the form and time for preparation of annual report by Internal Committee and :
the Local Committee under sub-section (/) 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 totai
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 cach House of the State Legislature where it
consists of two Houses, or where such Legislature consists of one Housc, before that
House.
Power to 30. (7) If any difficulty arises in giving effect to the provisions of this Act, the Central
remove Government may, by order published in the Official Gazette, make such provisions, not
difficulties 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.
P.K. MALHOTRA,
Secy. to the Govt. of India.
CORRIGENDA
THE PREVENTION OF MONEY-LAUNDERING (AMENDMENT) ACT, 2012
(2 of 2013)
At page 18, in line 2, for “Arts”, read “Art”.
Al page 21, in line 14, for “Protection”. read “(Protection)”.