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THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE 

(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

  1. Short title, extent and commencement. 
  2. Definitions. 
  3. Prevention of sexual harassment. 

CHAPTER II 

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE 

  1. Constitution of Internal Complaints Committee. 

CHAPTER III 

CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE 

  1. Notification of District Officer. 
  2. Constitution and jurisdiction of Local Complaints Committee. 
  3. Composition tenure and other terms and conditions of Local Complaints Committee. 8. Grants and audit. 

CHAPTER IV 

COMPLAINT 

  1. Complaint of sexual harassment. 
  2. Conciliation. 
  3. Inquiry into complaint. 

CHAPTER V 

INQUIRY INTO COMPLAINT 

  1. Action during pendency of inquiry. 
  2. Inquiry report. 
  3. Punishment for false or malicious complaint and false evidence. 
  4. Determination of compensation. 
  5. Prohibition of publication or making known contents of complaint and inquiry proceedings. 17. Penalty for publication or making known contents of complaint and inquiry proceedings. 18. Appeal.

CHAPTER VI 

DUTIES OF EMPLOYER 

SECTIONS 

  1. Duties of employer. 

CHAPTER VII 

DUTIES AND POWERS OF DISTRICT OFFICER 

  1. Duties and powers of District Officer. 

CHAPTER VIII 

MISCELLANEOUS 

  1. Committee to submit annual report. 
  2. Employer to include information in annual report. 
  3. 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. 
  4. Penalty for non-compliance with provisions of Act. 
  5. Cognizance of offence by courts. 
  6. Act not in derogation of any other law. 
  7. Power of appropriate Government to make rules. 
  8. Power to remove difficulties.

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE 

(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 

ACT NO. 14 OF 2013 

[22nd April, 2013.] 

An Act to provide protection against sexual harassment of women at workplace and for the  prevention and redressal of complaints of sexual harassment and for matters connected  therewith or incidental thereto. 

WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality  under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under  article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or  business with includes a right to a safe environment free from sexual harassment; 

AND WHEREAS the protection against sexual harassment and the right to work with dignity are  universally recognised human rights by international conventions and instruments such as Convention on  the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June,  1993 by the Government of India; 

AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for  protection of women against sexual harassment at workplace. 

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows: — CHAPTER I 

PRELIMINARY 

  1. Short title, extent and commencement.—(1) This Act may be called the Sexual Harassment of  Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 

(2) It extends to the whole of India. 

(3) It shall come into force on such date1as the Central Government may, by notification in the  Official Gazette, appoint. 

  1. Definitions.—In this Act, unless the context otherwise requires, — 

(a) “aggrieved woman” means— 

(i) in relation to a workplace, a woman, of any age whether employed or not, who alleges to  have been subjected to any act of sexual harassment by the respondent; 

(ii) in relation to a dwelling place or house, a woman of any age who is employed in such a  dwelling place or house; 

(b) “appropriate Government” means— 

(i) in relation to a workplace which is established, owned, controlled or wholly or  substantially financed by funds provided directly or indirectly— 

(A) by the Central Government or the Union territory administration, the Central  Government; 

(B) by the State Government, the State Government; 

  

  1. 9th December, 2013, vide notification No. S.O. 3606(E), dated 9th December, 2013, see Gazette of India, Extraordinary, Part  II, sec. 3(ii).

(ii) in relation to any workplace not covered under sub-clause (i) and falling within its  territory, the State Government; 

(c) “Chairperson” means the Chairperson of the Local Complaints Committee nominated under  sub-section (1) of section 7

(d) “District Officer” means on officer notified under section 5; 

(e) “domestic worker” means a woman who is employed to do the household work in any  household for remuneration whether in cash or kind, either directly or through any agency on a  temporary, permanent, part time or full time basis, but does not include any member of the family of  the employer; 

(f) “employee” means a person employed at a workplace for any work on regular, temporary,  ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or,  without the knowledge of the principal employer, whether for remuneration or not, or working on a  voluntary basis or otherwise, whether the terms of employment are express or implied and includes a  co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name; 

(g) “employer” means— 

(i) in relation to any department, organisation, undertaking, establishment, enterprise,  institution, office, branch or unit of the appropriate Government or a local authority, the head of  that department, organisation, undertaking, establishment, enterprise, institution, office, branch or  unit or such other officer as the appropriate Government or the local authority, as the case may  be, may by an order specify in this behalf; 

(ii) in any workplace not covered under sub-clause (i), any person responsible for the  management, supervision and control of the workplace. 

Explanation. —For the purposes of this sub-clause “management” includes the person or  board or committee responsible for formulation and administration of polices for such  organisation; 

(iii) in relation to workplace covered under sub-clauses (i) and (ii), the person discharging  contractual obligations with respect to his or her employees; 

(iv) in relation to a dwelling place or house, a person or a household who employs or benefits  from the employment of domestic worker, irrespective of the number, time period or type of such  worker employed, or the nature of the employment or activities performed by the domestic  worker; 

(h) “Internal Committee” means an Internal Complaints Committee constituted under section 4; (i) “Local Committee” means the Local Complaints Committee constituted under section 6; 

(j) “Member” means a Member of the Internal Committee or the Local Committee, as the case  may be; 

(k) “prescribed” means prescribed by rules made under this Act; 

(l) “Presiding Officer” means the Presiding Officer of the Internal Complaints Committee  nominated under sub-section (2) of section 4; 

(m) “respondent’ means a person against whom the aggrieved woman has made a complaint  under section 9;

(n) “sexual harassment” includes any one or more of the following unwelcome acts or behavior  (whether directly or by implication) namely:— 

(i) physical contact and advances; or 

(ii) a demand or request for sexual favours; or 

(iii) making sexually coloured remarks; or 

(iv) showing pornography; or 

(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature; (o) “workplace” includes— 

(i) any department, organisation, undertaking, establishment, enterprise, institution, office,  branch or unit which is established, owned, controlled or wholly or substantially financed by  funds provided directly or indirectly by the appropriate Government or the local authority or a  Government company or a corporation or a co-operative society; 

(ii) any private sector organisation or a private venture, undertaking, enterprise, institution,  establishment, society, trust, non-governmental organisation, unit or service provider carrying on  commercial, professional, vocational, educational, entertainmental, industrial, health services or  financial activities including production, supply, sale, distribution or service; 

(iii) hospitals or nursing homes; 

(iv) any sports institute, stadium, sports complex or competition or games venue, whether  residential or not used for training, sports or other activities relating thereto; 

(v) any place visited by the employee arising out of or during the course of employment  including transportation by the employer for undertaking such journey; 

(vi) a dwelling place or a house; 

(p) “unorganised sector” in relation to a workplace means an enterprise owned by individuals or  self-employed workers and engaged in the production or sale of goods or providing service of any  kind whatsoever, and where the enterprise employs workers, the number of such workers is less than  ten. 

  1. Prevention of sexual harassment.—(1) No woman shall be subjected to sexual harassment at any  workplace. 

(2) The following circumstances, among other circumstances, if it occurs, or is present in relation to  or connected with any act or behaviour of sexual harassment may amount to sexual harassment:— 

(i) implied or explicit promise of preferential treatment in her employment; or 

(ii) implied or explicit threat of detrimental treatment in her employment; or 

(iii) implied or explicit threat about her present or future employment status; or 

(iv) interference with her work or creating an intimidating or offensive or hostile work  environment for her; or 

(v) humiliating treatment likely to affect her health or safety. 

CHAPTER II 

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE 

  1. Constitution of Internal Complaints Committee.— (1) Every employer of a workplace shall, by  an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:

Provided that where the offices or administrative units of the workplace are located at different places  or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units  or offices. 

(2) The Internal Committees shall consist of the following members to be nominated by the  employer, namely: — 

(a) a Presiding Officer who shall be a woman employed at a senior level at workplace from  amongst the employees: 

Provided that in case a senior level woman employee is not available, the Presiding Officer shall  be nominated from other offices or administrative units of the workplace referred to in sub-section(1)

Provided further that in case the other offices or administrative units of the workplace do not  have a senior level woman employee, the Presiding Officer shall be nominated from any other  workplace of the same employer or other department or organisation; 

(b) not less than two Members from amongst employees preferably committed to the cause of  women or who have had experience in social work or have legal knowledge; 

(c) one member from amongst non-governmental organisations or associations committed to the  cause of women or a person familiar with the issues relating to sexual harassment: 

Provided that at least one-half of the total Members so nominated shall be women. 

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such  period, not exceeding three years, from the date of their nomination as may be specified by the employer. 

(4) The Member appointed from amongst the non-governmental organisations or associations shall be  paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as  may be prescribed. 

(5) Where the Presiding Officer or any Member of the Internal Committee, — 

(a) contravenes the provisions of section 16; or 

(b) has been convicted for an offence or an inquiry into an offence under any law for the time  being in force is pending against him; or 

(c) he has been found 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 

  1. 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. 
  2. Constitution and jurisdiction of Local Complaints Committee.—(1) Every District Officer shall  constitute in the district concerned, a committee to be known as the “Local Complaints Committee” to  receive complaints of sexual harassment from establishments where the Internal Complaints Committee 

has not been constituted due to having less than ten workers or if the complaint is against the employer  himself. 

(2) The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or  tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the  concerned Local Complaints Committee within a period of seven days. 

(3) The jurisdiction of the Local Complaints Committee shall extend to the areas of the district where  it is constituted. 

  1. 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, form the date of their appointment as may be specified by the District Officer. 

(3) Where the Chairperson or any Member of the Local Complaints Committee — (a) contravenes the provisions of section 16; or 

(b) has been convicted for an offence or an inquiry into an offence under any law for the time  being in force is pending against him; or 

(c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending  against him; or 

(d) has so abused his position as to render his continuance in office prejudicial to the public  interest, 

such Chairperson or Member, as the case may be, shall be removed from the Committee and the vacancy  so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of  this section. 

(4) The Chairperson and Members of the Local Committee other than the Members nominated under  clauses (b) and (d) of sub-section (1) shall be entitled to such fees or allowances for holding the  proceedings of the Local Committee as may be prescribed. 

  1. 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 my think fit, for being utilised for the payment of fees or allowances referred to in sub section (4) of section 7. 

(2) The State Government may set up an agency and transfer the grants made under sub-section (1) to  that agency. 

(3) The agency shall pay to the District Officer, such sums as may be required for the payment of fees  or allowances referred to in sub-section (4) of section 7. 

(4) The accounts of the agency referred to in sub-section (2) shall be maintained and audited in such  manner as may, in consultation with the Accountant General of the State, be prescribed and the person  holding the custody of the accounts of the agency shall furnish, to the State Government, before such  date, as may be prescribed, its audited copy of accounts together with auditors’ report thereon. 

CHAPTER IV 

COMPLAINT 

  1. Complaint of sexual harassment.—(1) Any aggrieved woman may make, in writing, a complaint  of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in  case it is not so constituted, within a period of three months from the date of incident and in case of a  series of incidents, within a period of three months from the date of last incident: 

Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member  of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be,  shall render all reasonable assistance to the woman for making the complaint in writing: 

Provided further that the Internal Committee or, as the case may be, the Local Committee may, for  the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied  that the circumstances were such which prevented the woman from filing a complaint within the said  period. 

(2) Where the aggrieved woman is unable to make a complaint on account of her physical or mental  incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a  complaint under this section. 

  1. 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 (1), no further inquiry shall be conducted by the  Internal Committee or the Local Committee, as the case may be. 

  1. Inquiry into complaint.— (1) Subject to the provisions of section 10, the Internal Committee or  the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make  inquiry into the complaint in accordance with the provisions of the service rules applicable to the  respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic  worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a  period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and  any other relevant provisions of the said Code where applicable:

Provided that where the aggrieved woman informs the Internal Committee or the Local Committee, as  the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10  has not been complied with by the respondent, the Internal Committee or the Local Committee shall  proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police: 

Provided further that where both the parties are employees, the parties shall, during the course of  inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both  the parties enabling them to make representation against the findings before the Committee. 

(2) Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the  court may, when the respondent is convicted of the offence, order payment of such sums as it may  consider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of  section 15. 

(3) For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local  Committee, as the case may be, shall have the same powers as are vested in a civil court the Code of Civil  Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; and 

(c) any other matter which may be prescribed. 

(4) The inquiry under sub-section (1) shall be completed within a period of ninety days. CHAPTER V 

INQUIRY INTO COMPLAINT 

  1. Action during pendency of inquiry.(1) During the pendency of an inquiry on a written  request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may  be, may recommend to the employer to— 

(a) transfer the aggrieved woman or the respondent to any other workplace; or 

(b) grant leave to the aggrieved woman up to a period of three months; or 

(c) grant such other relief to the aggrieved woman a may be prescribed. 

(2) The leave granted to the aggrieved woman under this section shall be in addition to the leave she  would be otherwise entitled. 

(3) On the recommendation of the Internal Committee or the Local Committee, as the case may be,  under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case  may be. 

  1. Inquiry report.(1) On the completion of an inquiry under this Act, the Internal Committee or  the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the  case may be, the District Officer within a period of ten days from the date of completion of the inquiry  and such report be made available to the concerned parties. 

(2) Where the Internal Committee or the Local Committee, as the case may be, arrives at the  conclusion that the allegation against the respondent has not been proved, it shall recommend to the  employer and the District Officer that no action is required to be taken in the matter.

(3) Where the Internal Committee or the Local Committee, as the case may be, arrives at the  conclusion that the allegation against the respondent has been proved, it shall recommend to the employer  or the District Officer, as the case may be— 

(i) to take action for sexual harassment as a misconduct in accordance with the provisions of the  service rules applicable to the respondent or where no such service rules have been made, in such  manner as may be prescribed; 

(ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the  salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved  woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15: 

Provided that in case the employer is unable to make such deduction from the salary of the  respondent due to his being absent from duty or cessation of employment it may direct to the  respondent to pay such sum to the aggrieved woman: 

Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the  Internal Committee or as, the case may be, the Local Committee may forward the order for recovery  of the sum as an arrear of land revenue to the concerned District Officer. 

(4) The employer or the District Officer shall act upon the recommendation within sixty days of its  receipt by him. 

  1. 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. 

  1. 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.

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  1. Prohibition of publication or making known contents of complaint and inquiry  proceedings.—Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005),  the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman,  respondent and witnesses, any information relating to conciliation and inquiry proceedings, 

recommendations of the Internal Committee or the Local Committee, as the case may be, and the action  taken by the employer or the District Officer under the provisions of this Act shall not be published,  communicated or made known to the public, press and media in any manner: 

Provided that information may be disseminated regarding the justice secured to any vicitim of sexual  harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses. 

  1. 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. 
  2. 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 

  1. 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 Internal Committee or the Local Committee, as the case  may be, for dealing with the complaint and conducting an inquiry; 

(e) assist in securing the attendance of respondent and witnesses before the Internal Committee or  the Local Committee, as the case may be; 

(f) make available such information to the Internal Committee or the Local Committee, as the  case be, as it may require having regard to the complaint made under sub-section (1) of section 9; 

(g) provide assistance to the woman if she so chooses to file a complaint in relation to the offence  under the Indian Penal Code (45 of 1860) or any other law for the time being in force; 

(h) cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time  being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is  not an employee, in the workplace at which the incident of sexual harassment took place;

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(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 

  1. Duties and powers of District Officer.—The District Officer shall, — 

(a) monitor the timely submission of report furnished by the Local Committee; 

(b) take such measures as may be necessary for engaging non-governmental organisations for  creation of awareness on sexual harassment and the rights of the women. 

CHAPTER VIII 

MISCELLANEOUS 

  1. 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. 

  1. Employer to include information in annual report.—The employer shall include in its report  the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation  or where no such report is required to be prepared, intimate such number of cases, if any, to the District  Officer. 
  2. Appropriate Government to monitor implementation and maintain data.—The appropriate  Government shall monitor the implementation of this Act and maintain data on the number of cases filed  and disposed of in respect of all cases of sexual harassment at workplace. 
  3. 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. 

  1. Power to call for information and inspection of records.—(1) The appropriate Government, on  being satisfied that it is necessary in the public interest or in the interest of women employees at a  workplace to do so, by order in writing,— 

(a) call upon any employer or District Officer to furnish in writing such information relating to  sexual harassment as it may require; 

(b) authorise any officer to make inspection of the records and workplace in relation to sexual  harassment, who shall submit a report of such inspection to it within such period as may be specified  in the order. 

(2) Every employer and District Officer shall produce on demand before the officer making the  inspection all information, records and other documents in his custody having a bearing on the subject  matter of such inspection. 

  1. 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;

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(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. 

  1. 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. 

  1. 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. 
  2. Power of appropriate Government to make rules.—(1) The Central Government may, by  notification in the Official Gazette, make rules for carrying out the provisions of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may  provide for all or any of the following matters, namely:— 

(a) the fees or allowances to be paid to the Members under sub-section (4) of section 4; (b) nomination of members under clause (c) of sub-section (1) of section 7; 

(c) the fees or allowances to be paid to the Chairperson, and Members under sub-section (4) of  section 7; 

(d) the person who may make complaint under sub-section (2) of section 9; 

(e) the manner of inquiry under sub-section (1) of section 11; 

(f) the powers for making an inquiry under clause (c) of sub-section (2) of section 11; (g) the relief to be recommended under clause (c) of sub-section (1) of section 12; (h) the manner of action to be taken under clause (i) of sub-section (3) of section 13; (i) the manner of action to be taken under sub-sections (1) and (2) of section 14; 

(j) the manner of action to be taken under section 17; 

(k) the manner of appeal under sub-section (1) of section 18;

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(l) the manner of organising workshops, awareness programmes for sensitising the employees and  orientation programmes for the members of the Internal Committee under clause (c) of section 19;  and 

(m) the form and time for preparation of annual report by Internal Committee and the Local  Committee under sub-section (1) of section 21. 

(3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it  is made, before each House of Parliament, while it is in session, for a total period of thirty days which  may be comprised in one session or in two or more successive sessions, and if, before the expiry of the  session immediately following the session or the successive sessions aforesaid, both Houses agree in  making any modification in the rule or both Houses agree that the rule should not be made, the rule shall  thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that  any such modification or annulment shall be without prejudice to the validity of anything previously done  under that rule. 

(4) Any rule made under sub-section (4) of section 8 by the State Government shall be laid, as soon as  may be after it is made, before each House of the State Legislature where it consists of two Houses, or  where such Legislature consists of one House, before that House. 

  1. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of  this Act, the Central Government may, by order published in the Official Gazette, make such provisions,  not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the  difficulty: 

Provided that no such order shall be made under this section after the expiry of a period of two years  from the commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each  House of Parliament.

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