The Sexual-Harassment-of-Women-Act-and-Rules-2013

~ffi1~'7{1If lXIItAORDI:'lAIH' "WW ll-'liiVI 3--4'l·1!fllT (ii) rART ll~cccion 3-.Sub-sucion (il} vrfl.."lfirf l1 "!Pf:tftm fUBLI5Ht:D BY AU'OIOIUTY l'i. 2733) ===~;;::":11 : ft o ;m = 'i, = ~l < f = lm = , ~ 9, 2013/~llJlT'm 18, 193S ~o. 17331 NEW Dfi.NI, MONON/, DtCt:MBER 9, 2013/AGH..UIA\'ANA iB, IYJS =====-=====~==~~==~=============== 1Jt~ ilil' lfr.! ~m 1j;m, 11 3iRRt:<f'TT ~ ~. 9~.2013 1!il.311. 3~oo(31j.-<ilil1'll 'fl~. ll~J3il <f1T 111T!i<P.«'' lR Mel; >!<lllT-1 (r.rcm•r. ~fM\l 3ft~ llf<ftl)lf) ~~<!Jf, 2013 {2013 <Iii ti. 14) <6Jl!Rf 1 al) 13.,HiM (3) il'Rl llG<tl ~'liT ll<f)'rr <IR"" ~"1[, 9 ~- 2013 <!i) \RI ~~ i; '6i'l If f.trrn <!i«ll ~ ~ \J<m 31~ "$ m El ll'f~ iMI (!lil.'fl. 19-5/2013-~J:S~ 61. ~. • ~ MINISTRY OF WOMEN AND CHILD DEVELOPMENT NOTIFICATION New Delhi, the 9th December, 2013 8.0. 3606(E).-In exerciae of the powers conferred by sub-section (3) of Section I or the Sexual Harassment of Women at Workplace (Po·evention, Prohibition and Redressal) Act, 2013 (14 of2013), the Central Government hereby appoints the 9th day of December, 2013 as the date on which the provisions of the said Act shall come into force. IJl'. No. 19·5/2013-WW) Dr. SHREERANJAN, Jt. Secy. S I S4 01120 IJ Ptintcd by lht Manqcr. Gonmmcnt of India Press. Rina Rold. Ml)'lpun. New Otltu·II0064 olld l'llbliib<d by lhe-Conlloll<r or PobHcauon<, Oc:lhi·IIOOS~ "{f~ fi· it• V:c.9"--{v;:!}04/0007/2003-13 HE~i ISTEREl> :SO. DL DD04/0007/2003 L3 3'ffillffi11T EXTRAORDmARY 'WI II- ~ 1 PART II- Section I ~l)~ PUBLISHED BY AUTHORITY --·· ·.:-· ·----------·:_::_ .. .::. .. ::-:.:. ·_-:-;_-~:--=========-=--::::: 'H· 181 ~ ~. ~~ ~ 23, 2013/ ~ 3, 1935 (~) No. IH) ~EW DELHI, TUESDAY, APRil, 23, 2013/ V AISAKHA 3, 1935 (SAKA) __- __ -::-:-:-::-:::=:·_ __ _:_:.__--_-__ -_-___-_- _-___- ·- - - - -----;:-:__-_ -_-_.==. __ --===---------=--=----------·--·~_:-_- ·- ~ 'WI ll 'BR ~ ~ ey -;;mitt~ fctl W 3TWI ~ <t ~ ll WI~~ I ·separate paging is given to this Part in order that il may be filed as a separate compilation. MINISTRY OF LAW ANJ> JUSTICE (Legislative Department) New Delhi, the 23rd April, 20 13/Vaisakha 3, 1935 (Saka) The following Act of Parliament received the assent of the Prcsirlent on the 22nd April, 2013, and is hereby published for general information:-- - THE SEXUAL HARASSMENT OF WO).t1EN AT WORKPLACE (PREYENJ'IOi\1, PROIIIRJTION AND REDRESSAL) ACT, 2013 (No. 14 OF 2013) [22nd April. 2013.] An Act to provide protection against sexual harassment of women at workplace and for the prevention and rcdrcssal ofc omplaints of sexual harassment and i()r matters connected therewith or incidental thereto. WIIERt..,s ~cxual harassment results in violation of the fundamental rights of a woman to 1:quality undn ar1icles I t1 and 15 of the Constitution oflndia and her right to life tlnd to live with dignity um.ler article 21 of the Constitution and right to practice ;my proft:ssion or to carry on any occupation, trade or business which includes a right to a safe environment free fi·orn sexual harassment; A:-;o WHEREAS the protection against sexual harassment arid the right to work with dignity arc universally recognised human rights by international conventions and insrruonents such a~ Convention on the Elimination of all fonns of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India: 1\:-.r> wi!H<I AS it is expedient to nwkt: provisions fi.>r giving effect to the said Convention for protection of women against sexual harassment at workplace. 2 THE GAZETTE OF 1:-.JDIA EXTRAOROJ:-.IARY [PART II U,; it enacted by Parliament in the Sixty-fourth Ycarofthe Republic oflndiaas follows:--· Cl!APTERI PRELI:v!INARV Short title. I. (/)This Act may be called the Sexuall-larassment of Women at Workplace (Prevention, extent and Prohibition and Rcdrcssal) Act, 2013. commencement (2) It extends to the whole of India. (J) It shall come into force on such date as the Central Government may, by notification in the Ollicial Gazette, appoint. · Dcrn1it10ns. 2. 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 dweHing 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; (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 r;ub-scction (/)of section 7; · (d) "District Officer" means an officer notified under section 5; (e) "domestic worker" means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time·o r full time basis, hut does not include any member of the family of the employer; a (/)"employee" means a person empi·oyed at 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" mcans:_- (i) in relation to any department, organisation, undertaking,. establishment, enterprise, institution, oflice, 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.othcr 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 r:!anagcmcnt, supervision and control of the workplace. SEC. II Tl IE GAZETTE OF 1:\DIA EXTRAORDI~ARY 3 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 rci<HIOn to workplace covered under sub-clauses (1) and (ii), the person discharging contractual obligations with respect to his or her employees; (iv) in relation to a dwel!ing place o·r house, a pr.rson or a household who employs or benefits from the employment ofd omestic 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; (1) "Local Committee'' means the Local Complaints Committee constituted under section 6; (j) "Member" means a Member oft he lnternal Committee or the Local Committee, as the case may be; (k) "prescribed" means prescribed by rules made under this Act; (/)"Presiding Officer" means the Presiding Officer of the Internal Complaints Committee nominated under sub-section (2) of section 4; (m} "respondent" mean3 a person against whom the aggrieved woman has made a complaint under section 9; (n) "sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:- {i) physical contact and advances; or (il) a dr.mand 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 ofs exual nature; (o) "workplace" includes · (i) any department, organisation, undertaking, establishment, enterprise, institution, otlicc, branch or unit which is established, owned, controlled or wholly or substantially tinan~ed by funds provided directly or indirectly by the approprit~te 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 pl<~ce visited by the employee arising out of or during the course of employment including transportation provided hy the employer for undertaking such journey: THE GAZETTE OF I~DIA EXTRAORDINARY I PART II :::---:..::.:=·-..- -=-=----·.- ...- ::_·:.-:::::_-.::-:-:-. ····.=:--:::-=-~:::=-.·::.-.::::.===:_-_==-:-- (\•i) a dwelling place or a house; (p) "unorganiscd sector" in relation to a workplace means an enterprise owned by individuals or sci f-cmploycd 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 ~uch worke;:> is.iess than ten. Prncnllc•n M 3. (I) ~o woman shall be subjected to sexual harassment at any workplace. snual harassrm:nl (2) The following circumstances, among other circumstances, if it occurs or is pcrscnt m relation to or connected wirh 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) implkd or explicit threat ofd etrimental 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 safery. CHAPTER II CONSTITU riON Or I !'TERNAL COMPLAINTS COMMITTEE Conslilulion 4. (/)Every employer ofa workplace shall, by a!1 order in writing, constitute a Committee of lnlcrnul to be known as the "lntcsnal Complaints Committee": Complain Is Commillec. Provided that where the offices or administrative units of the workplace arc located at different places or divi~iot.al or sub-divisional level, the Internal Committee shall be constituted ;.lt all administrative units or .ofliccs. (2) Thc.lntcrnal Committee shall consist ofthe following members to be nominated by the employer. namely:·-· (a) a Presiding ·officer· who ·shall he & woman employed at a sen1or level at workplace from amongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section(/): Provided further that in case the other offices or administrative units of the workpla~;c do nm have a senior level woman employee, the Presiding Officer shall be IH11ninatcd from <my other workplace of the same employer or other department or organisation; (bl not Jess 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 Memhcrs so nominated shall be women. (3) The Presiding Officer and every Member of the Internal Committee shall hold office tor such period. not exceeding three years, from the date of their nomination as may he spccificd by the employer. (.f) f"hc \1cmher appointed fmm amongst the non-governmental organisations or associ<Hions -;hall be paid such fees or allowances lor holding the proceedings oflht: lntcrnl:ll Committee. by the o.:mployer. as ml:ly be prcscribeci. SF<' II THE GAZETTE OF I;\Dll\ EXTRAORDINARY 5 (5) Where the Presiding Officer or any Member of the internal Committee,· .. (a) contravenes the provisions of section 16; or (h l has been convi~ted for an offence or an inquiry into an offeree under any law for tht: 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 he filled by fresli nomination in accordance with the provisions of this section. CHAPTER !II CoNSTITUTION or: LoCAL Co:vrrt.AI:>~Ts CoM:vrn·rr:E 5. The appropriate Government may notify a District Magistrate or Additional District ~oufication Magistrate or the Collector or Deputy Collector as a District Officer. for every District to of District exercise powers or discharge functions under this Act. Offic~r. 6. (/)Every District Officer shall constitute in the district concerned, a committee to be Constitution known as the "Local Complaints Committee" to receive complaints of sexual harassmcn: and ··from establishments where the Internal Complaints Committee has not been ~.~nstituted due jurisdiction of Local to having less than ten workers or if the complaint is ·against the employer himself. · Complaints Commillcc (2) The District Officer shall designate one nodal officer in every block, taluka and tchsil in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Complaints Committee within a period of seven days. (J) The jurisdictio;l of the Loc.al Cl)tnplaints Committee shall extcnJ to the areas of the district where it is constituted. 7. (I) The Local Complaints Committee shall consist of the following members to be CompOSitiOn, nominated by the District Officer, namely:--· tcnurt: and other terms (a) a Chairperson to be nominated from amongst the eminent women in the field and conditions of Local of social work and committed to the cause of women; Complaints (h) one Member to be nominated from amongst the women working in block, Commillec taluka or tchsil or ward or municipality in the district; (c) two Members, of whom atle(\.st 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 ofthc nominees should, preferably, have a background in lilw or lcgnl knowledge: Provided further that at least one oft he 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 oflicer dealing with the social welfare or women and child development in the district, shall he a member ex officio. (2) The Chairperson and ~very Member of the Local Committee shall hold office for such period. not exceeding three years, from the date of their appointment as may be specified by the Di-;tricl Ofliccr. .· Tl IE GAZETI'E OF I ~OIA EXTRAORDI~ARY I PART II-- :-:.:=.:-...: .:::::--..:.._=:-:::::.-··---.;·_: --:·.: .:.-:-::=-.:-..:=·.-:.:..·: ·.::·=-:-::-_-·:..=:--::-.::-·_ :· ...- :-=--·· -_ (J) Where the Chairperson or any Memb~:r of the Local Complaints Committee-... (a) contravenes ~he provis_ions of sectio~ 16; or . (h) 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 Chairp~:rson 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. (-1) The Chairperson and Members of the Local Committee other than the :VIembcrs nominated under clauses (h) and (d) of sub-section (/) shall be entitled to such fees or allowances for holding the proceedings ofthe Local Committee as may be prescribed. Granls and 8. (!)The C~ntral Government may, after due appropriation made by Parliament by law audil 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) ofs ection 7. (2) The State Government may set up an agency and transfer the grants made under sub-section (/) to that agency. (J) The agency shall pay to the District Officer, sue~. 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--sl:<,tion (2) shall be maintained and audited in such manner as'may,'iri consultation with the Accountant Ge;Jclal of the State, be prescribed and the person holding the custody of the accounts of the agency shall furnish, 10 the State Government, before such date, as may be presrri!Jcd, its audited copy of accounts toge!her with auditors' report thereon. CHAPTER IV CoMPJ.AI>iT Cornpl~rnl of 9. (/)Any aggrieved woman may make, in writing, a complaint ofs exual harassment at sexual workplace to the Internal Committee ifs o constituted, or the Local Committee, in case it is not h~rassmt:nl 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 Oflicer 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 rnonths, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period. (2) Where the aggrieved woman is unable to make ".complaint on account of her physical nr mental incHpacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section. ( ·onctltalrnn 10. (I) The Internal Committee <?r, as the .case may he, the Local Committee, may, before initiating an inquiry under section I I and at the request (If the aggrieve~l V'oman lake steps to settle the matter between her and the respondent through conciliation: SEc. II THEGALEITE OF 1:\DIA EXTRJ\ORDl~ARY 7 ..: .:-:.:·.::-::-:::-=-.:..- :-:.:_-.____-_- _. ..-. :::-:: _-:·.::::-:::--_- ···::: ::::.-.::::::::.-.:•: = =:::=::.:==-=-··_.::·· :·;:-:·..::-=·.::-=--·- Provided that no monetary settlement shall be made as a basis of conciliation. (2) Where a settlement has beer. atTived at under sllb-s~ctil)n (/).the Jnternal Committee or the Local Committee,,as the case may be, shall record the s"ettlement so arrived and fon.vard the same to the employer or the District Oflicer 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 oftht: settlement as recorded under sub-section (2) to the aggrieved woman and the respondent. ( 4) Where a settlement is atTived at under sub-section ( /), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be. 11. (I) Subject to the provisions of section I 0, the Internal Committee or the Local Inquiry mto Committee . .as the case may be, shall, where the rcsponden"t is an employee, proceed to make complaint 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 inay be prescribed or in case of a domestic worker, the Local Committee shall, ifprimafacie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 45 of 1860 509 of the Indian Penal Code, and any other relevant provisions of the said Code where applicable: Provided that where the aggrieved woman infonns the Internal Committee or the Local Committee, as the case may be, that any term or condition of the scttlemcm arrived at under sub-section (.?) of section I 0 has not been complied with by the respondent, the Internal Committee or the l.ocal Committee shall proceed to make an inquiry into the complaint or. as I he case may be, forward the complaint to the police: Provided fUtther that where both the parties arc employees, the parties shall, during the course of inquiry, be give.n an oppcrtunity ofhcing heard and a copy oft he findings ~hall he made available to both the parties enabling them to make representation against the findings before the Committee. ~5 of 1860. (2) Notwithstanding anyt\liTJg contained in section 509 of the Indian Penal Code, the court may, when the respondent is convicted ofthe 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 I 5. (J) For the purpose of making an inquiry under sub-section(/), the Internal Committee . or the Local Committee, as the case may be, shall have the same powers as are vested in a 5 or 1908 civil court under the Code of Civil Procedure, 190& 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) uny other matter which may be prescribed. (.J} The inquiry under sub-section(/) shall be completed within a period of ninety duys. CHAPTER V 1:-;QLIIRY 1:-.!TO COMPL1\INT 12. ( 1) During the pendency of an inquiry. on a written request made by the aggrieved Action dunng pcndcm:y ur woman, the Internal Committee or the Local Committee. as the case may be. may recommend inqu1ry to the employer to· . (u) transfer the aggrieved woman or the respondent tb any other workplace; or TilE GAlETfE OF I~DIA EXTRAORDl~ARY I PARI II·- (b) grant leave to the aggrieved woman up to a period of three months: or . ' : . . \ (c) grant such other relief to the aggrieved woman as may he 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 ( /), the employer shall implement the recommendations made under sub-section (/) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be. lnqurry rcpon 13. (/)On the completion of an inquiry under this Act, the Internal Committee.or the I. ocal 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 often days fTom the date ofc ompletion 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 en1ploycr and the District Oflicer that no action is required to he taken in the matter. (3) Where the lntermtl Committee or the I ,ocal Corrunittec, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the emrloyer 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 ucduct, ~otwithstanding <)~ythir:g i11 the service rules applic.able to the respondent, !Tom the salary or wages dfthe respondent such sum as it may consider appropriate to b·e paid to the aggrieved woman o.r to her legal heirs, as it may detcm1ine, in t~ccordance with the provisions of section 15: Provided that in case the employer is unable to make such deduction from the salary oft he respondent due to his being absent from duty or cessation of employment it may direct 10 the resrondcnt 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 lorward the order tor recovery of the sum as an arrear of land revenue to the concerned District 011iccr. ( 4) The employer or the District Officer shall act upon the recommendation within sixty days of tis receipt hy him. 14. (I) Where the Internal Committee or the Local Committee, as the case may be. l'unrshmcnt ror raise nr arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved malicrous woman or any other person making the complaint has made the complaint knowing it to be ~omplarnl and false or the aggrieved woman or any other person making the complaint has produced any raise cvrdencc forged or misleading document. it may recommend to the employer or the District Officer. as the case may be, to take action against the woman or the person who has made the complaint under sub-section (/)or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed: Provided that a mere inability to substantiate a complaint or provide adequate proof need not <Htract action again~! the compbinilnt under this section: : . Provided further that the malicious intent on part of the complainant shall be established ttftcr an inquiry in accordance with the procedure prescribed. before any action is recommended. St.:(. II __-__-__·_-__-__-_·_ T · . H - . · _ - E __ - G - A ·.. ·- Z --- E -· - T --· T . ... E .··. O ·.-. F - . . - 1: . - \ - · D - - - - I - - A - - - E - ·· X - - - T - - R -- - A - - O - R - · D - I -- N - A ---- R -·-· Y ··- - - - --=-·:-:::·: _._._ 9 --~----·-. .~ (.?)Where the lntcmalt:ommittec or th•: Local Committee, as the case may be, arrives at <1 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.w itness or the Dbtrict Officer. as the case may he, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed. 15. f-or the purpose of determining the sums to be paid to the aggrieved woman under Dctcrnnnation clause (ii) ofs ub-section (3) ofs ection 13. the Internal Committee or the Local Committee, as of the case may be, shall have regard to ··· compensation (a} the mental trauma, pain, suffering and emotional dis.tress caused to the aggneved woman; (h) the loss in the career opportunity due to the incident of sexua I harassment; (c) medical expenses incurred by the victim for physical or psychiatric treatment; (d) the income and financial stah1s of the respondent; (e) feasibility ofs uch payment in lump sum or in instalments. 22 of 2005 16. Notwithstanding anything contained in the Right to Information t\ct, 2005, the Prohibition of wntents of the complaint made under section 9, the identity and addresses of the aggrieved pub! ication nr making known woman, respondent and witnesses, any information relating to conciliation and inquiry contents of proceedings, recommendations of the Internal Committee or the Local Committee, as the complaint and case may be, and the action taken by the employer or the District Officer under the provisions inquiry of this Act shall not be published, communicated or made known to the public, press and proceedings media in any manner: . Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this t\ct without disclosing the name, arldress, identity or any other particulars calculated to lead to the identification of the <~ggricved woman and witnesses. 17. Where any person entrusted with the duty to handle or deal wifh the complaint, Penalty for inquiry or any recommendations or action to be taken under the provisions of this Act, publication or making known contravenes the provisions ofseetion 16, he shall be liable for penalty in accordance with the or contents of provisions the service rules applicable to the said person or where no such service rules complaint and exist, in such manner as may be prescribed. inquiry proceedings 18. (I) Any person aggrieved from the recommendations made under sub-section (2) Appeal of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub section (I) 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 he prescribed. (.?)The <~ppeal under sub-section (/)shall be preferred within a period of ninety d<~ys of the recommendations CHAPTER VI DUTIES OF f.:v1PUJYER 19. Everyemploycrshall -- 0Ut1CS of .:mploy~r. (o) provide a .>afe working environment at the wor!cplac~ which shail include safety from the persons coming into contact at the workplace; · (h) display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the nrder constituting. the Internal Committee under sub section (I) of ~ection 4: .· 10 THE GA/.ETTE Or INDIA= E=X...T.:R:.=A=O.:R...D=l=-:-\=A=R ..Y.. ......._._ .. -·-:.[ -.P:A· .:.:R::T. .I. :I::--:.: . . ·--· _....:::: -:::--::=:. .- -=....::.-:: .. ·:. .. --.. -.=::..~ :...-·:-_-~:_,-;:_·_ (c) organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions ofthe Act and orientation programmes for the members of the int . er nal Committee in the manner as may be prescribed; (d) provi.de·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 infonnation to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9; (g) provide assistance to the woman if she so chooses to tile a complaint in relation to the offence under the Indian Penal Code or any other law for the time being 115 of 1860. in force; (h) cause to initiate action, under the Indian Penal Code or any other law for the 45 of 1860. 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; (i) treat sexual harassment as a misconduct under the s~rvice rules and initiate action for such misconduct; (j) monitor the timely submission of report:; by the Internal Committee. CHAPTERV[J DUTIES A:-ID POWERS OF DISTRICT OFFICER 20. The District Officer shall,·· ·· Duties ~nd powers of (a) monitor the timely submission of reports furnished by the Local Committee; Dtstrtct Olftccr. (h) take such measures as may be necessary for engaging non-governmental organisations tor creation of awareness on sexual harassment and the rights of the women. CHAPTEl{ VIII MISCELLANEOUS Committee tu 21. (I) The Internal Committee or the Local Committee, as the case may be, shall in submit anuual each calendar year prepare, in such fonn and at such time as may be prescribed, an annual report 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 (I) to the State Government. 22. The employer shall include in its report the number ofc ases filed, if any, and their Employer In includ~ disposal under this Act in the annual report of his organisation or where no such report is tnformattun nt required to be prepared, intimate such number of cases, if any, to the District Officer. aunual report 23. The appropriate Government shall monitor the implementation of this Act and Approprtatc Government maintain data on the numbt~r of cases filed and ~is posed. of in respect of all cases of sexual to monitor harassment at workplace. rmpkrncntatr!ln a11 d marntarn data 1\ppruprratl: 24. J'hc appropriate Government may, subject to the CJvailability of financial and other (iovcrnmcnt resources, ·- to take {a) develop relevant information, education, communication a~d training mcajurcs tn public~>~ the materials, and organise awareness programmes, to advance the understanding of the /\ct public oft he provisions of this Act providing for protection against sexual harassment of woman at workplllt::, Sec I J THE GAZETTE Of 1:\0IA EXTRAORDI:\ARY 11 (h) fonnulate orientation and trainin.g programmes for the members oft he I .ocal Complainlc; Committee. . 25. (/) The appropriate Govemmcnt, on being satisfied that it is necessary in the Power to call public interest or in the interest of women employees at a workplace to do so. by order in for information writing.-- and inspection of records (a) c<:~ll 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 m<:~ke 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 hefore the oflicer making the inspection all infonnation, records and other documents in his custody having a hearing on the subject matter of such inspection. 26. (/)Where the employer fails to··- Penalty for non (a) constitute an !utcmal Committee under sub-section(/) of section 4; compliance (h) take action unrler sections 13, 14 and 22; and with provisions of (c) contravenes or attempts to contravent" or ab::ts contravention of other Act. provisions of this Act or any rules made thereunder. he shall be punishable with fine which may extend to fifty thousand rupees. (2)1f 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, tor the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment; (ii) cancell<:~tion, of his licence or withdrawal, or non-renewal, or approval, or cancellation ofthe registration, as the case may be, by the Government or local authority required for carrying on his business or activity. 27. (1) No court shall take cognizance of any offence punishable under this Act or any Cognizance of rules made thereunder, save a complaint made hy the aggrieved woman or any person offence by 011 courts authorised by the Internal Committee or Local Committee in this behalf (2) No court inferior to that of a Me.tropolitan Magistrate or a Judicial Magistrate of the first class shall try any oftcnce punishable under this Act. (3) Every offence under this Act shall be non-cognizable. 28. The provisions of this Act shall be in addition to and not in derogation of the i\cl not in provisions or any other law for the time being in force. derogation of any other law 29. (I) The Centrdl Government .nay, by notification in the Oflicial Ga~:ettc. make rules !'ower of fi>r carrying out the provisions of this Act. appropriate Government (2) In particular and without prejudice to the generality of the foregoing power, such to make rules rules may provide for all or any of the following matters, namely:- (u) the fees or allowances to be paid to the Members under sub-section ( /) of section 4; (h) nornination·of members under clause (c) of sub-section (I) of section 7: (c) the fees or allowances to be paid to the Chairpl!rson, and :vlcmbcrs under -;ub-section ( ./) of section 7; . . ' 12 fHE GAZETTE OF 1:\Dit\ EXTRAORDr.-1/\RY [PARI II · (d) the person who may make complaint under sub-section (2) of section 9; (e) the manner of inquiry under sub-section (I) of section 11: (/) the powers for making an inquiry under clause (c) of sub-section (2) of sect ion J.J; (g) the relief to be recommendec..l under clause (c) ofs ub-section (I) ofs ection 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 (/)and (2) of section JtJ: · (i) the manner of action to be taken under section 17; (k) the manner of appeal under sub-section (1) of section 18; (f) the manner of organ·ising workshops, awareness programmes for sensitising the employees and orientation programmes for the members of the Internal Committee under dause (c) of section 19; and (n:) the form anc..l time tor preparation ofa nnual report by Internal Committee and the Local Committee under sub-section(/) of section 2·1. · (J) Every rule made by the Central Government under this Act shall be laid as soon as may be afler it is made, before each House of Parliament, while it is in session, for a totai period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both House:> agree that the rule should not be made, the rule shall thereafter have effect only in such modified fonn 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. (--1) Any rule made under sub-section ( 4) ofs ection 8 by the State Government ~hall be laid, as soon as may be after it is made, before each House of the Stllte Legislature where it consists of two Houses, or where such Legislature consists of one House, betorc that House. JO. (I) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to remove Government may, by order puhlishcd in the Official Gazette, make such provisions, not dJfficultlCS inconsistent with the provisions of this Act, as may appear to it to be n~ccssary for removing the difficulty: Provided that no such order shall he made under this section after the expiry (If n pcrim.l of two year~ ti·on1t he commencement of this Act. (.?)Every order rnadc under this section shall be laid, as soon as may be after it is made, before each House of Pari iamcnt. .· P.K. .\11ALHOTRA, Secy. tv the Govt. ofl ndiu. CORRIGE~DA THE PREVE:'\TIO'\ Or \110;-..: EY-l.A Li~DERJ ~G (AM E~D:v!E?'-il) ACT, 20 12 (2 of20 13) At pngc Ill. in line "!.Jor"Arts''. reud·'Arl". AI page 21. in line 11\./(w··rrotcction'". read··(Protection)". .• ,) SEc. I] THE GAZETTE OF INDIA EXTRAORDINARY 13 CORRIGENDUM THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 2012 (3 of2013) At page 6, in tine 22,/or "clause", read"clause". CORJUGENDUM THE BANKING LAWS (AMENDMENT) ACT, 2012 (4of2013) At page 8, in line 29,/or 'sections 30",' read 'section 30,",'. CORRIGENDUM THE APPROPRIATION ACT, 2013 (9of2013) At page 1, in the marginal heading to section 2, for "4715,54,00,000", read"49115,54,00,000". GMGIPMRND-354GI(S4) -23-04-2013.