The Sexual Harassment of Women at Workplace Act, 2013

Prevention, Prohibition and Redressal | Complete Study Notes

1. Short Title

• 📜This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

2. Territorial Extent

• 🌏Extends to the whole of India

3. Commencement

• 📅Shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint
• ✅Actual Commencement: 9th December, 2013 (vide notification No. S.O. 3606(E))

In this Act, unless the context otherwise requires:

(a) "Aggrieved Woman"

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

In relation to dwelling place or house:

• 🏠A woman of any age who is employed in such dwelling place or house

(b) "Appropriate Government"

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

• 🇮🇳By the Central Government OR Union territory administration

(ii) State Government — in relation to:

• 🏛️A workplace established/owned/controlled/financed by the State Government, OR
• 📍Any workplace not covered under sub-clause (i) and falling within its territory

(c) "Chairperson"

• 👩‍⚖️The Chairperson of the Local Complaints Committee nominated under sub-section (1) of section 7

(d) "District Officer"

• 👤An officer notified under section 5

(e) "Domestic Worker"

A woman who is employed to do household work in any household for remuneration (cash or kind):

• 👤Either directly or through any agency
• 📅On temporary, permanent, part time or full time basis

(f) "Employee"

A person employed at a workplace for any work:

• ✓On regular, temporary, ad hoc or daily wage basis
• ✓Either directly or through an agent, including a contractor
• ✓With or without the knowledge of the principal employer
• ✓Whether for remuneration or not, or working on voluntary basis
• ✓Whether the terms of employment are express or implied

Includes: Co-worker, contract worker, probationer, trainee, apprentice or called by any other such name

(g) "Employer"

(i) Government/Local Authority:

• 👤In relation to any department, organisation, establishment of the appropriate Government or local authority: The head of that department/organisation OR such other officer as may be specified by order

(ii) Private Workplace:

• 🏢In any workplace not covered under (i): Any person responsible for the management, supervision and control of the workplace

(iii) Contractual:

• 🤝The person discharging contractual obligations with respect to his or her employees

(iv) Dwelling Place or House:

• 🏠A person or household who employs or benefits from employment of domestic worker
• 📋Irrespective of number, time period, type of worker, or nature of employment/activities performed

(h) "Internal Committee"

• 👥An Internal Complaints Committee constituted under section 4

(i) "Local Committee"

• 🏛️The Local Complaints Committee constituted under section 6

(j) "Member"

• 👤A Member of the Internal Committee or the Local Committee, as the case may be

(k) "Prescribed"

• 📜Prescribed by rules made under this Act

(l) "Presiding Officer"

• 👩‍💼The Presiding Officer of the Internal Complaints Committee nominated under sub-section (2) of section 4

(m) "Respondent"

• ⚖️A person against whom the aggrieved woman has made a complaint under section 9

(n) "Sexual Harassment"

(o) "Workplace"

Includes:

(i) Government/Public Sector:

• 🏛️Any department, organisation, establishment which is established, owned, controlled OR wholly or substantially financed by appropriate Government or local authority OR a Government company or corporation or co-operative society

(ii) Private Sector:

• 🏢Any private sector organisation or private venture carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service

(iii) Hospitals or Nursing Homes

(iv) Sports Facilities:

• ⚽Any sports institute, stadium, sports complex or competition/games venue (residential or not) used for training, sports or related activities

(v) Places Visited During Employment:

• 🚗Any place visited by employee arising out of or during course of employment
• 🚌Including transportation by the employer for undertaking such journey

(vi) Dwelling Place or House

(p) "Unorganised Sector"

In relation to a workplace:

• 🏪An enterprise owned by individuals or self-employed workers
• 📦Engaged in production or sale of goods or providing service of any kind whatsoever
• 👥Where the enterprise employs workers, the number of such workers is less than ten

Sub-section (1) — Absolute Prohibition

Sub-section (2) — Circumstances Amounting to Sexual Harassment

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:

• 🎁(i) Implied or explicit promise of preferential treatment in her employment
• ⚠️(ii) Implied or explicit threat of detrimental treatment in her employment
• 📉(iii) Implied or explicit threat about her present or future employment status
• 🌪️(iv) Interference with her work OR creating an intimidating or offensive or hostile work environment for her
• 😰(v) Humiliating treatment likely to affect her health or safety

Sub-section (1) — Mandatory Constitution

• ✅Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee"

Sub-section (2) — Composition of Internal Complaints Committee

The Internal Complaints Committee shall consist of the following members to be nominated by the employer:

(a) Presiding Officer

• 👩‍💼A woman employed at a senior level at workplace from amongst the employees

(b) Members from Amongst Employees

• 👥Not less than two Members from amongst employees
• 🎯Preferably: Committed to the cause of women OR have experience in social work OR have legal knowledge

(c) External Member from NGO

• 🤝One member from amongst NGOs/associations committed to the cause of women OR a person familiar with sexual harassment issues

Sub-section (3) — Tenure

• 📅The Presiding Officer and Members shall hold office for such period, not exceeding three years, from date of nomination as specified by the employer

Sub-section (4) — Fees and Allowances

• 💰The external member (from NGO) shall be paid such fees or allowances by the employer as may be prescribed

Sub-section (5) — Removal and Disqualification

The Presiding Officer or any Member shall be removed if:

• ⛔Contravenes provisions of section 16 (breach of confidentiality), OR
• ⚖️Has been convicted for an offence OR an inquiry into an offence is pending, OR
• 📋Has been found guilty in disciplinary proceedings OR a disciplinary proceeding is pending, OR
• ⚠️Has abused position rendering continuance prejudicial to public interest

• 🔄The vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with this section

• 🏛️The appropriate Government may notify a District Officer for every District to exercise powers or discharge functions under this Act

Eligible Officers

• 👤District Magistrate OR Additional District Magistrate OR Collector OR Deputy Collector

Sub-section (1) — Constitution and Scope

• 🏛️Every District Officer shall constitute in the district a committee known as the "Local Committee"

Jurisdiction — To Receive Complaints From:

• 🏪Establishments where Internal Committee has not been constituted due to having less than ten workers
• 👔Cases where the complaint is against the employer himself

Sub-section (2) — Nodal Officers

The District Officer shall designate one nodal officer in:

• 🌾Every block, taluka or tehsil in rural or tribal area
• 🏙️Every ward or municipality in urban area

Function of Nodal Officers:

• 📝To receive complaints
• 📤Forward the same to the concerned Local Committee
• ⏰Within a period of seven days

Sub-section (3) — Territorial Jurisdiction

• 📍The jurisdiction of the Local Committee shall extend to the areas of the district where it is constituted

Sub-section (1) — Composition

The Local Committee shall consist of the following members to be nominated by the District Officer:

(a) Chairperson

• 👩‍⚖️To be nominated from amongst eminent women in the field of social work and committed to the cause of women

(b) One Member from Local Administration

• 🏛️One Member from amongst women working in block/taluka/tehsil (rural/tribal) OR ward/municipality (urban) in the district

(c) Two Members from NGOs/Associations

• 👥Two Members, of whom at least one shall be a woman
• 🏛️From amongst NGOs/associations committed to the cause of women OR a person familiar with sexual harassment issues
• 📜Which may be prescribed

(d) Ex-Officio Member

• 👤The concerned officer dealing with social welfare or women and child development in the district shall be a member ex officio

Sub-section (2) — Tenure

• 📅The Chairperson and Members shall hold office for such period, not exceeding three years, from date of appointment as specified by the District Officer

Sub-section (3) — Removal and Disqualification

The Chairperson or any Member shall be removed if:

• ⛔Contravenes provisions of section 16, OR
• ⚖️Has been convicted for an offence OR an inquiry into an offence is pending, OR
• 📋Has been found guilty in disciplinary proceedings OR a disciplinary proceeding is pending, OR
• ⚠️Has abused position rendering continuance prejudicial to public interest

• 🔄The vacancy shall be filled by fresh nomination in accordance with this section

Sub-section (4) — Fees and Allowances

• 💰The Chairperson or Members other than members nominated under clauses (b) and (d) shall be entitled to such fees or allowances as may be prescribed

Sub-section (1) — Central Government Grants

• 💰The Central Government may, after due appropriation by Parliament, make to the State Government grants of such sums of money as it may think fit
• 🎯For payment of fees or allowances referred to in sub-section (4) of section 7

Sub-section (2) — State Government Agency

• 🏛️The State Government may set up an agency and transfer the grants to that agency

Sub-section (3) — Disbursement

• 📤The agency shall pay to the District Officer such sums as required for payment of fees or allowances

Sub-section (4) — Accounts and Audit

• 📋The accounts of the agency shall be maintained and audited in such manner as may, in consultation with the Accountant General of the State, be prescribed
• 📄The person holding custody of accounts shall furnish to the State Government, before such date as prescribed, its audited copy of accounts together with auditors' report

Sub-section (1) — Filing the Complaint

• 📝Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to:

• 👥The Internal Committee (if constituted), OR
• 🏛️The Local Committee (if ICC is not constituted)

Time Limit for Filing Complaint

• ⏰Within a period of three months from the date of incident
• 📅In case of a series of incidents: Within three months from the date of last incident

Sub-section (2) — Complaint by Others on Behalf of Aggrieved Woman

Where the aggrieved woman is unable to make a complaint on account of:

• 🏥Her physical incapacity, OR
• 🧠Her mental incapacity, OR
• 💀Her death, OR
• ⚠️Otherwise (any other reason)

The complaint may be made by:

• 👨‍👩‍👧Her legal heir, OR
• 📋Such other person as may be prescribed

Sub-section (1) — Settlement Through Conciliation

• 🤝The ICC or LCC may, before initiating an inquiry under section 11 and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation

Sub-section (2) — Recording the Settlement

• 📝Where settlement has been arrived at, the ICC or LCC shall record the settlement so arrived
• 📤Forward the same to the employer or District Officer to take action as specified in the recommendation

Sub-section (3) — Copies to Parties

• 📄The ICC or LCC shall provide copies of the settlement as recorded to the aggrieved woman and the respondent

Sub-section (4) — No Further Inquiry

• ✅Where a settlement is arrived at, no further inquiry shall be conducted by the ICC or LCC

Sub-section (1) — Inquiry Procedure

Subject to the provisions of section 10, the ICC or LCC shall:

Where the respondent is an employee:

• 📋Proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent
• 📜Where no such rules exist: In such manner as may be prescribed

In case of a domestic worker:

• 🏠The Local Committee shall, if prima facie case exists, forward the complaint to the police
• ⏰Within a period of seven days
• ⚖️For registering the case under section 509 of the Indian Penal Code and any other relevant provisions

Sub-section (2) — Court's Power to Order Payment

• ⚖️Notwithstanding anything contained in section 509 of the IPC, the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider appropriate to the aggrieved woman by the respondent
• 📋Having regard to the provisions of section 15 (determination of compensation)

Sub-section (3) — Powers of ICC/LCC During Inquiry

For the purpose of making an inquiry, the ICC or LCC shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of:

• 👤(a) Summoning and enforcing the attendance of any person and examining him on oath
• 📄(b) Requiring the discovery and production of documents
• 📋(c) Any other matter which may be prescribed

Sub-section (4) — Timeline for Inquiry

• ⏰The inquiry under sub-section (1) shall be completed within a period of ninety days

Sub-section (1) — Interim Relief

During the pendency of an inquiry on a written request made by the aggrieved woman, the ICC or LCC may recommend to the employer to:

• 🔄(a) Transfer the aggrieved woman or the respondent to any other workplace
• 🏖️(b) Grant leave to the aggrieved woman up to a period of three months
• 📋(c) Grant such other relief to the aggrieved woman as may be prescribed

Sub-section (2) — Additional Leave

Sub-section (3) — Implementation of Recommendations

• ✅On the recommendation of the ICC or LCC, the employer shall implement the recommendations
• 📤Send the report of such implementation to the ICC or LCC

Sub-section (1) — Submission of Inquiry Report

• 📊On completion of inquiry, the ICC or LCC shall provide a report of its findings to the employer or District Officer
• ⏰Within a period of ten days from the date of completion of inquiry
• 📄Such report shall be made available to the concerned parties

Sub-section (2) — If Allegation Not Proved

• ✅Where the ICC or LCC arrives at the conclusion that the allegation against the respondent has not been proved
• 📋It shall recommend to the employer and District Officer that no action is required to be taken in the matter

Sub-section (3) — If Allegation Proved

Where the ICC or LCC arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or District Officer:

(i) Action for Sexual Harassment as Misconduct:

• ⚖️To take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent
• 📜Where no such service rules have been made: In such manner as may be prescribed

(ii) Deduction for Compensation:

• 💰To deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate
• 👩To be paid to the aggrieved woman or to her legal heirs, as it may determine
• 📋In accordance with the provisions of section 15

Sub-section (4) — Implementation Timeline

• ⏰The employer or District Officer shall act upon the recommendation within sixty days of its receipt by him

Sub-section (1) — Action Against False/Malicious Complaint

Where the ICC or LCC arrives at a conclusion that:

• ⚠️The allegation against the respondent is malicious, OR
• 🚫The aggrieved woman or any other person making the complaint has made the complaint knowing it to be false, OR
• 📄The aggrieved woman or any other person has produced any forged or misleading document

The Committee may recommend to the employer or District Officer:

• ⚖️To take action against the woman or person who has made the complaint under section 9
• 📋In accordance with provisions of service rules applicable OR in such manner as may be prescribed

Sub-section (2) — Action Against Witnesses Giving False Evidence

Where the ICC or LCC arrives at a conclusion that during the inquiry any witness has:

• 🚫Given false evidence, OR
• 📄Produced any forged or misleading document

It may recommend:

• ⚖️To the employer of the witness or District Officer to take action in accordance with provisions of service rules OR as may be prescribed

For the purpose of determining the sums to be paid to the aggrieved woman under clause (ii) of sub-section (3) of section 13, the ICC or LCC shall have regard to:

• 🧠(a) The mental trauma, pain, suffering and emotional distress caused to the aggrieved woman
• 💼(b) The loss in the career opportunity due to the incident of sexual harassment
• 💊(c) Medical expenses incurred by the victim for physical or psychiatric treatment
• 💰(d) The income and financial status of the respondent
• 📊(e) Feasibility of such payment in lump sum or in instalments

• ⚖️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
• 📜Where no such service rules exist: In such manner as may be prescribed

Sub-section (1) — Right to Appeal

Any person aggrieved from the following may prefer an appeal:

• 📋The recommendations made under sub-section (2) of section 13 (allegation not proved), OR
• ⚖️Clause (i) or clause (ii) of sub-section (3) of section 13 (allegation proved - action and compensation), OR
• 🚫Sub-section (1) or sub-section (2) of section 14 (false complaint/false evidence), OR
• 💰Section 17 (penalty for breach of confidentiality), OR
• ❌Non-implementation of such recommendations

Appellate Authority

• ⚖️To the court or tribunal in accordance with the provisions of the service rules applicable to the said person
• 📜Where no such service rules exist: Without prejudice to provisions contained in any other law, the person aggrieved may prefer an appeal in such manner as may be prescribed

Sub-section (2) — Timeline for Appeal

• ⏰The appeal shall be preferred within a period of ninety days of the recommendations

Every employer shall:

(a) Safe Working Environment

• 🛡️Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace

(b) Display Information

• 📋Display at any conspicuous place in the workplace:

• ⚖️The penal consequences of sexual harassment, AND
• 👥The order constituting the Internal Committee under sub-section (1) of section 4

(c) Organize Awareness Programs

• 📚Organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act
• 🎓Organise orientation programmes for the members of the Internal Committee
• 📜In the manner as may be prescribed

(d) Provide Necessary Facilities

• 🏢Provide necessary facilities to the ICC or LCC for dealing with the complaint and conducting an inquiry

(e) Assist in Securing Attendance

• 👥Assist in securing the attendance of respondent and witnesses before the ICC or LCC

(f) Make Information Available

• 📄Make available such information to the ICC or LCC as it may require having regard to the complaint made under sub-section (1) of section 9

(g) Assistance for Filing Criminal Complaint

• ⚖️Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force

(h) Initiate Action Against Non-Employee Perpetrator

• 👮Cause to initiate action, under the IPC or any other law, 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 as Misconduct

• ⚠️Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct

(j) Monitor Timely Submission of Reports

• 📊Monitor the timely submission of reports by the Internal Committee

The District Officer shall:

(a) Monitor Timely Submission of Reports

• 📊Monitor the timely submission of report furnished by the Local Committee

(b) Engage NGOs for Awareness Creation

• 🤝Take such measures as may be necessary for engaging non-governmental organisations for creation of awareness on sexual harassment and the rights of the women

Sub-section (1) — Preparation and Submission

• 📋The ICC or LCC shall in each calendar year prepare an annual report
• 📜In such form and at such time as may be prescribed
• 📤Submit the same to the employer and the District Officer

Sub-section (2) — District Officer's Reporting

• 📊The District Officer shall forward a brief report on the annual reports received under sub-section (1) to the State Government

• 📄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
• 📋Where no such report is required to be prepared, intimate such number of cases to the District Officer

• 🔍The appropriate Government shall monitor the implementation of this Act
• 📊Maintain data on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace

The appropriate Government may, subject to the availability of financial and other resources:

(a) Develop Information and Training Materials

• 📚Develop relevant information, education, communication and training materials
• 📢Organise awareness programmes, to advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at workplace

(b) Formulate Orientation and Training Programmes

• 🎓Formulate orientation and training programmes for the members of the Local Committee

Sub-section (1) — Powers of Appropriate Government

The appropriate Government, on being satisfied that it is necessary in the public interest or in the interest of women employees at a workplace to do so, by order in writing, may:

(a) Call for Information

• 📋Call upon any employer or District Officer to furnish in writing such information relating to sexual harassment as it may require

(b) Authorise Inspection

• 🔍Authorise any officer to make inspection of the records and workplace in relation to sexual harassment
• 📊Who shall submit a report of such inspection to it within such period as may be specified in the order

Sub-section (2) — Duty to Produce Records

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

Sub-section (1) — Offences and Penalty

Where the employer fails to:

• ⛔(a) Constitute an Internal Committee under sub-section (1) of section 4
• ⚖️(b) Take action under sections 13, 14 and 22
• 🚫(c) Contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder

Sub-section (2) — Penalty for Repeat Offences

If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to:

• 💰(i) Twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence

• 🚫(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

Sub-section (1) — Cognizance Requirements

• ⚖️No court shall take cognizance of any offence punishable under this Act or any rules made thereunder, save on a complaint made by:

• 👩The aggrieved woman, OR
• 👥Any person authorised by the ICC or LCC in this behalf

Sub-section (2) — Court Jurisdiction

• ⚖️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

Sub-section (3) — Nature of Offence

Sub-section (1) — Central Government's Rule-Making Power

• 📜The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act

Sub-section (2) — Matters for Which Rules May Be Made

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

• 💰(a) The fees or allowances to be paid to the Members under sub-section (4) of section 4
• 👥(b) Nomination of members under clause (c) of sub-section (1) of section 7
• 💵(c) The fees or allowances to be paid to the Chairperson and Members under sub-section (4) of section 7
• 📋(d) The person who may make complaint under sub-section (2) of section 9
• 🔍(e) The manner of inquiry under sub-section (1) of section 11
• ⚖️(f) The powers for making an inquiry under clause (c) of sub-section (2) of section 11
• 🛡️(g) The relief to be recommended under clause (c) of sub-section (1) of section 12
• 📜(h) The manner of action to be taken under clause (i) of sub-section (3) of section 13
• ⚠️(i) The manner of action to be taken under sub-sections (1) and (2) of section 14
• 🚫(j) The manner of action to be taken under section 17
• 📤(k) The manner of appeal under sub-section (1) of section 18
• 📚(l) The manner of organising workshops, awareness programmes for sensitising employees and orientation programmes for ICC members under clause (c) of section 19
• 📊(m) The form and time for preparation of annual report by ICC and LCC under sub-section (1) of section 21

Sub-section (3) — Laying Before Parliament

• 🏛️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
• ⚖️If, before the expiry of the session immediately following, 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

Sub-section (4) — State Government Rules

• 📜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 before that House (where it consists of one House)

Sub-section (1) — Power to Issue Orders

• ⚙️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

Sub-section (2) — Laying Before Parliament

• 🏛️Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament