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POSH Act Act No. 14 of 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, with the Rules made under it linked from the sections that enable them.

30 Sections
8 Chapters
90 days Inquiry window
Rs. 50,000 Non-compliance fine
Act No. 14 of 2013 Enacted 22 April 2013 Enforced 09 December 2013 Ministry of Women and Child Development
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Opening text

Preamble

An Act to provide protection against sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. of women at workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. and for the prevention and redressal of complaints of sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. and for matters connected therewith or incidental thereto.
WHEREAS sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. 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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature.;
AND WHEREAS the protection against sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. 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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. at workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses..
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:
Chapter I

Preliminary

3 sections
S. 1 Short title, extent and commencement
Open section
(1) This Act may be called the Sexual HarassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. of Women at WorkplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. (Prevention, Prohibition and Redressal) Act, 2013.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
S. 2 Definitions
Open section
In this Act, unless the context otherwise requires,--
(a) "aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house." means--
(i) in relation to a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses., a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. by the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9.;
(ii) in relation to dwelling place or house, a woman of any age who is employed in such a dwelling place or house;
(b) "appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory." means--
(i) in relation to a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly--
(A) by the Central Government or the Union territory administration, the Central Government;
(B) by the State Government, the State Government;
(ii) in relation to any workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. not covered under sub-clause (i) and falling within its territory, the State Government;
(c) "ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7" means the ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 of the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. nominated under sub-section (1) of section 7;
(d) "District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act." means an officer notified under section 5;
(e) "domestic workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members." 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 memberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the family of the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace.;
(f) "employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers." means a person employed at a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. 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 employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace., 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) "employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace." means--
(i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. 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 GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. or the local authority, as the case may be, may by an order specify in this behalf;
(ii) in any workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses..
Explanation.--For the purposes of this sub-clause "management" includes the person or board or committee responsible for formulation and administration of policies for such organisation;
(iii) in relation to workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. 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 workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members., irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members.;
(h) "Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer." means an Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. constituted under section 4;
(i) "Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer." means the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. constituted under section 6;
(j) "MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be" means a MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be;
(k) "prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act" means prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act by rules made under this Act;
(l) "Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2)." means the Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. nominated under sub-section (2) of section 4;
(m) "respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9." means a person against whom the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. has made a complaint under section 9;
(n) "sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature." includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:--
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
(o) "workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses." 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 GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. 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 employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers. arising out of or during the course of employment including transportation by the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. for undertaking such journey;
(vi) a dwelling place or a house;
(p) "unorganised sectorDefined in section 2(p): small individual or self-employed enterprises, including workplaces with fewer than ten workers." in relation to a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. 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.
S. 3 Prevention of sexual harassment
Open section
(1) No woman shall be subjected to sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. at any workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses..
(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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. may amount to sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature.:--
(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 Committee

1 sections
S. 4 Constitution of Internal Committee
Open section
(1) Every employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. of a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. shall, by an order in writing, constitute a Committee to be known as the "Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer.":
Provided that where the offices or administrative units of the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. are located at different places or divisional or sub-divisional level, the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. shall be constituted at all administrative units or offices.
(2) The Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. shall consist of the following members to be nominated by the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace., namely:--
(a) a Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). who shall be a woman employed at a senior level at workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. from amongst the employees:
Provided that in case a senior level woman employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers. is not available, the Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). shall be nominated from other offices or administrative units of the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. referred to in sub-section (1):
Provided further that in case the other offices or administrative units of the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. do not have a senior level woman employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers., the Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). shall be nominated from any other workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. of the same employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. 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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature.:
Provided that at least one-half of the total Members so nominated shall be women.
(3) The Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). and every MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace..
(4) The MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer., by the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace., as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
(5) Where the Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). or any MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer.,--
(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 Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). or MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be, 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 Committee

4 sections
S. 5 Notification of District Officer
Open section
The appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. may notify a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. for every District to exercise powers or discharge functions under this Act.
S. 6 Constitution and jurisdiction of Local Committee
Open section
(1) Every District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. shall constitute in the district concerned, a committee to be known as the "Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer." to receive complaints of sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. from establishments where the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. has not been constituted due to having less than ten workers or if the complaint is against the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. himself.
(2) The District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. 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 CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. within a period of seven days.
(3) The jurisdiction of the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. shall extend to the areas of the district where it is constituted.
S. 7 Composition, tenure and other terms and conditions of Local Committee
Open section
(1) The Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. shall consist of the following members to be nominated by the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act., namely:--
(a) a ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature., which may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act:
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 memberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be ex officio.
(2) The ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 and every MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. shall hold office for such period, not exceeding three years, from the date of their appointment as may be specified by the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act..
(3) Where the ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 or any MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the Local 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 ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 or MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be, 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 ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 or Members of the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. 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 CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
S. 8 Grants and audit
Open section
(1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the State Government grants of such sums of money as the Central Government may think fit, for being utilised for the payment of fees or allowances referred to in sub-section (4) of section 7.
(2) The State Government may set up an agency and transfer the grants made under sub-section (1) to that agency.
(3) The agency shall pay to the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act., 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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act and the person holding the custody of the accounts of the agency shall furnish, to the State Government, before such date, as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act, its audited copy of accounts together with auditors' report thereon.
Chapter IV

Complaint

3 sections
S. 9 Complaint of sexual harassment
Open section
(1) Any aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. may make, in writing, a complaint of sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. at workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. to the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. if so constituted, or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., 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 OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). or any MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 or any MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing:
Provided further that the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or, as the case may be, the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. 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 womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. 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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act may make a complaint under this section.
S. 10 Conciliation
Open section
(1) The Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or, as the case may be, the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., may, before initiating an inquiry under section 11 and at the request of the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. take steps to settle the matter between her and the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. through conciliation:
Provided that no monetary settlement shall be made as a basis of conciliation.
(2) Where settlement has been arrived at under sub-section (1), the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall record the settlement so arrived and forward the same to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. to take action as specified in the recommendation.
(3) The Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. and the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9..
(4) Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be.
S. 11 Inquiry into complaint
Open section
(1) Subject to the provisions of section 10, the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall, where the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. is an employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers., proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. and where no such rules exist, in such manner as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act or in case of a domestic workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members., the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. 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 womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. informs the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., 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 respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9., the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. 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 respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. by the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9., having regard to the provisions of section 15.
(3) For the purpose of making an inquiry under sub-section (1), the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
(4) The inquiry under sub-section (1) shall be completed within a period of ninety days.
Chapter V

Inquiry into Complaint

7 sections
S. 12 Action during pendency of inquiry
Open section
(1) During the pendency of an inquiry on a written request made by the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house., the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, may recommend to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. to--
(a) transfer the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. or the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. to any other workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses.; or
(b) grant leave to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. up to a period of three months; or
(c) grant such other relief to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
(2) The leave granted to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. under this section shall be in addition to the leave she would be otherwise entitled.
(3) On the recommendation of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, under sub-section (1), the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be.
S. 13 Inquiry report
Open section
(1) On the completion of an inquiry under this Act, the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall provide a report of its findings to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace., or as the case may be, the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. 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 CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, arrives at the conclusion that the allegation against the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. has not been proved, it shall recommend to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. and the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. that no action is required to be taken in the matter.
(3) Where the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, arrives at the conclusion that the allegation against the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. has been proved, it shall recommend to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act., as the case may be--
(i) to take action for sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. as a misconduct in accordance with the provisions of the service rules applicable to the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. or where no such service rules have been made, in such manner as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act;
(ii) to deduct, notwithstanding anything in the service rules applicable to the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9., from the salary or wages of the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. such sum as it may consider appropriate to be paid to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. or to her legal heirs, as it may determine, in accordance with the provisions of section 15:
Provided that in case the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. is unable to make such deduction from the salary of the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. due to his being absent from duty or cessation of employment it may direct to the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. to pay such sum to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house.:
Provided further that in case the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. fails to pay the sum referred to in clause (ii), the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or as, the case may be, the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. may forward the order for recovery of the sum as an arrear of land revenue to the concerned District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act..
(4) The employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. shall act upon the recommendation within sixty days of its receipt by him.
S. 14 Punishment for false or malicious complaint and false evidence
Open section
(1) Where the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, arrives at a conclusion that the allegation against the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. is malicious or the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. or any other person making the complaint has made the complaint knowing it to be false or the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. or any other person making the complaint has produced any forged or misleading document, it may recommend to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act., 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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act:
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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act, before any action is recommended.
(2) Where the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., 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 employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. of the witness or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act., 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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
S. 15 Determination of compensation
Open section
For the purpose of determining the sums to be paid to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. under clause (ii) of sub-section (3) of section 13, the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall have regard to--
(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house.;
(b) the loss in the career opportunity due to the incident of sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature.;
(c) medical expenses incurred by the victim for physical or psychiatric treatment;
(d) the income and financial status of the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9.;
(e) feasibility of such payment in lump sum or in instalments.
S. 16 Prohibition of publication or making known contents of complaint and inquiry proceedings
Open section
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 womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house., respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, and the action taken by the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. 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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. and witnesses.
S. 17 Penalty for publication or making known contents of complaint and inquiry proceedings
Open section
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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
S. 18 Appeal
Open section
(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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
(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 sections
S. 19 Duties of employer
Open section
Every employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. shall--
(a) provide a safe working environment at the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. which shall include safety from the persons coming into contact at the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses.;
(b) display at any conspicuous place in the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses., the penal consequences of sexual harassments; and the order constituting, the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. 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 CommitteeDefined in section 2(h) and constituted under section 4 by the employer. in the manner as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act;
(d) provide necessary facilities to the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, for dealing with the complaint and conducting an inquiry;
(e) assist in securing the attendance of respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. and witnesses before the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be;
(f) make available such information to the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9;
(g) provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force;
(h) cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. so desires, where the perpetrator is not an employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers., in the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. at which the incident of sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. took place;
(i) treat sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. as a misconduct under the service rules and initiate action for such misconduct;
(j) monitor the timely submission of reports by the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer..
Chapter VII

Duties and Powers of District Officer

1 sections
S. 20 Duties and powers of District Officer
Open section
The District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. shall,--
(a) monitor the timely submission of report furnished by the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer.;
(b) take such measures as may be necessary for engaging non-governmental organisations for creation of awareness on sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. and the rights of the women.
Chapter VIII

Miscellaneous

10 sections
S. 21 Committee to submit annual report
Open section
(1) The Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act, an annual report and submit the same to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. and the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act..
(2) The District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. shall forward a brief report on the annual reports received under sub-section (1) to the State Government.
S. 22 Employer to include information in annual report
Open section
The employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. 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 OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act..
S. 23 Appropriate Government to monitor implementation and maintain data
Open section
The appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. 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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. at workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses..
S. 24 Appropriate Government to take measures to publicise the Act
Open section
The appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. 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 harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. of woman at workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses.;
(b) formulate orientation and training programmes for the members of the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer..
S. 25 Power to call for information and inspection of records
Open section
(1) The appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory., on being satisfied that it is necessary in the public interest or in the interest of women employees at a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. to do so, by order in writing,--
(a) call upon any employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. or District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. to furnish in writing such information relating to sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. as it may require;
(b) authorise any officer to make inspection of the records and workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. in relation to sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature., who shall submit a report of such inspection to it within such period as may be specified in the order.
(2) Every employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. and District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act. 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.
S. 26 Penalty for non-compliance with provisions of Act
Open section
(1) Where the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. fails to--
(a) constitute an Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. under sub-section (1) of section 4;
(b) take action under sections 13, 14 and 22; and
(c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder,
he shall be punishable with fine which may extend to fifty thousand rupees.
(2) If any employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace., 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 prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act 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.
S. 27 Cognizance of offence by courts
Open section
(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 womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. or any person authorised by the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. 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.
S. 28 Act not in derogation of any other law
Open section
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.
S. 29 Power of appropriate Government to make rules
Open section
Rules under this section POSH 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 ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7, 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 (3) of section 11;
(g) the relief to be recommended under clause (c) of sub-section (1) of section 12;
(h) the manner of action to be taken under clause (i) of sub-section (3) of section 13;
(i) the manner of action to be taken under sub-sections (1) and (2) of section 14;
(j) the manner of action to be taken under section 17;
(k) the manner of appeal under sub-section (1) of section 18;
(l) the manner of organising workshops, awareness programmes for sensitising the employees and orientation programmes for the members of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. under clause (c) of section 19; and
(m) the form and time for preparation of annual report by Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. and the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. 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.
S. 30 Power to remove difficulties
Open section
(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.

Rules made under this Act

— POSH Rules G.S.R. 769(E)