Section 13 Inquiry report
- Chapter
- V · Inquiry into Complaint
(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.