THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,

PROHIBITION AND REDRESSAL) ACT, 2013

For the purpose of this act:

“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;

Acts that can amount to sexual Harassment (Sec 3):

The following circumstances, among other circumstances, if it occurs, or is present in relation to or

connected with any act or behavior of sexual harassment may amount to sexual harassment:

 implied or explicit promise of preferential treatment in her employment; or

 implied or explicit threat of detrimental treatment in her employment ; or
 implied or explicit threat about her present or future employment status; or
 interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
 humiliating treatment likely to affect her health or safety.

CONSTITUTION OF INTERNAL COMPLAINTS

COMMITTEE (Sec 4)
Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as
the Internal Complaints Committee and where the offices or administrative units are located at
different places or divisional or sub-divisional level, the ICC shall be constituted at all such units and
offices.
Employers shall nominate a presiding officer and the members of the ICC for a term not exceeding
Three years, namely;

 A Presiding officer, who shall be a woman employed at senior level at workplace

amongst the employees.

Where a senior level woman employee is not available then the presiding officer shall be
nominated from other offices or Admn. Units of the workplace. In case, the senior level
woman employee is not available at other offices or admn. Units , then the presiding officer
can be nominated from any other workplace of the same employer.

 At least two member shall be nominated amongst the employee who are committed
for the cause of women or who have had experience in social work or have legal
knowledge.
 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.

At least one-half of the such nominated members shall be women.

The member nominated from an NGO shall be paid a fees for holding the proceedings by the
employer.

LOCAL COMPLAINTS COMMITTEE ( S.5 & 6 ).

Where there is no ICC has been constituted due to having less than the complaints related to
the sexual harassment can be entertained by a Local Complaints Committee which is to be
constituted by a District Officer as per notified by the Appropriate government .

Complaint of sexual harassment. ( S.9 )

- Any woman who has experienced sexual harassment can submit a written complaint
to the Internal Committee if one exists, or to the Local Committee if there is no
Internal Committee. The complaint must be filed within three months from the date of
the incident or the last incident if there are incidents in a series. If a woman cannot
write the complaint, the committee members must assist her.
- The time limit can be extended for up to three months if there are valid reasons.
- If the victim is unable to file a complaint due to physical or mental incapacity, death,
or other reasons, a legal heir or a designated person may do so on her behalf.

Conciliation.(S.10) :
 Upon the request of the victim, the Internal Committee or the Local Committee can try to
resolve the matter between her and the accused person through conciliation, but financial
settlements are not permitted. If a resolution is reached, it must be documented and sent
to the employer or District Officer for action, and copies must be given to both the victim
and the accused. In cases of successful conciliation, no additional investigation by the
Internal Committee or the Local Committee will take place.

Action during pendency of inquiry. (S.12)

(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.

Section 16 & 17 : Prohibition of publication or making known contents of the complaints

or inquiry. The contents of the reports shall not be made public even when asked through
RTI Act, 2005.

In case where any person entrusted with the duty to handle or deal with the complaint or
enquiry breach his duty and publish or make the contents known shall be liable for a fine
as per the service rule or where no such service rules exist, in such a manner as prescribe.

Duties of the Employers (S.19) :

a) Make the workplace safe for everyone, including protection from harassment.
b) Display information about the consequences of sexual harassment and the Internal
Committee.
c) Conduct workshops to educate employees about the law and train the committee
members.
d) Provide necessary resources for the committee to handle complaints and
investigations.
e) Help ensure the accused person and witnesses cooperate with the committee.
f) Share information needed by the committee to address complaints.
 g) Support the victim if she wants to file a complaint with the police or other laws.
h) Take legal action against the offender if the victim wants it and if the offender is not
an employee.
i) Consider sexual harassment as a violation of workplace rules and take appropriate
action.
j) Make sure the Internal Committee submits reports on time.

Committee to submit annual report (S.21)

(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.

Employer to include information in annual report. (S.22)

The employer shall include in its report the number of cases filed, if any, and their disposal under this
Act in the annual report of his organisation or where no such report is required to be prepared,
intimate such number of cases, if any, to the District Officer.

Penalty for non-compliance with provisions of Act.(S.26):

The employer he shall be punishable with fine which may extend to fifty thousand rupees where he
fails to:

a) Constitute an Internal Committee 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 or rules of
this Act.

In case where any employer has been convicted for the same offence again:

i. He shall be imposed a punishment twice the punishment imposed on a first conviction.

ii. His license shall be cancel or withdrawn or shall not be approved or renewed by the gov.
authorities to carry on his business.