8. GRANTS AND AUDIT
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 my think fit for being utilized for the payment of fees or allowances referred to in subsection (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 Officer, 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 prescribed and the person holding the custody of the accounts of the agency shall furnish, to the State Government, before such date, as may be prescribed, its audited copy of accounts together with auditors' report thereon.
CHAPTER IV
COMPLAINT
9. COMPLAINT OF SEXUAL HARASSMENT
1. Any aggrieved woman a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted within a period of three months from the date of incidentand 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 Officer 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 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 woman 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 prescribed may make a complaint under this section
10. CONCILIATION
1. The Internal Committee or, as the case may be, the Local Committee, 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
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 Committee or the Local Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Officer 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 of the settlement as recorded under sub-section (2) to the aggrieved woman and the respondent
4. Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be.
11. INQUIRY INTO COMPLAINT
Subject to the provisions of section 10 The Internal Committee or the Local Committee, as the case may be, 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 and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker,the Local Committee 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 woman informs the Internal Committee or the Local Committee 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 respondent the Internal Committee or the Local Committee 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 respondent is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved woman by the respondent, regard to the provisions of section 15.
3. For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local Committee, as the case may be,shall have the same powers as are vested in a civil court 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 prescribed.
4. The inquiry under sub-section (1) shall be completed within a period of ninety days
12. ACTION DURING PENDENCY OF INQUIRY
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.
13. INQUIRY REPORT
1. On the completion of an inquiry under this Act the Internal Committee or the Local 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 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 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 employer and the District Officer that no action is required to be taken in the matter.
3. Where the Internal Committee or the Local Committee, as the case may be, it shall recommend to the employer 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 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
Provide that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman
14. PUNISHMENT FOR FALSE OR MALICIOUS COMPLAINT AND FALSE EVIDENCE
1. Where the Internal Committee or the Local Committee, as the case may be, 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 making the complaint has produced any 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 (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 prescribed:
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 prescribed, before any action is recommended
2. Where the Internal Committee or the Local Committee, 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 employer of the witness or the District Officer, 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 prescribed.
15. DETERMINATION OF COMPENSATION
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 Internal Committee or the Local Committee, as the case may be, 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.
16. PROHIBITION OF PUBLICATION OR MAKING KNOWN CONTENTS OF COMPLAINT AND INQUIRY PROCEEDINGS
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 woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be,and the action taken by the employer or the District Officer 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 harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.
17. PENALTY FOR PUBLICATION OR MAKING KNOWN CONTENTS OF COMPLAINT AND INQUIRY PROCEEDINGS
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 prescribed.
18. APPEAL
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 subsection (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 prescribed.
2. The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.
CHAPTER VI
19. DUTIES OF EMPLOYER
Every employer shall--
a. provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace;
b. display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4;
c. organise workshops and awareness programs at regular intervals for sensitising the employees with the provisions of the Act and orientation programs for the members of the Internal Committee in the manner as may be prescribed;
d. provide 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 information to the Internal Committee or the Local Committee, as the case 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 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 service rules and initiate action for such misconduct; monitor the timely submission of reports by the Internal Committee.
CHAPTER VII
DUTIES AND POWERS OF DISTRICT OFFICER
20. DUTIES AND POWERS OF DISTRICT OFFICER
The District Officer shall, —
a. monitor the timely submission of report furnished by the Local Committee; 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
CHAPTER VIII
MISCELLANEOUS
21. COMMITTEE TO SUBMIT ANNUAL REPORT
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.
22. EMPLOYER TO INCLUDE INFORMATION IN ANNUAL REPORT
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.
23. APPROPRIATE GOVERNMENT TO MONITOR IMPLEMENTATION AND MAINTAIN DATA
The appropriate Government shall monitor the implementation of this Act and maintain date on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace.
24. APPROPRIATE GOVERNMENT TO TAKE MEASURES TO PUBLICISE THE ACT
The appropriate Government 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 harassment of woman at workplace;
b. formulate orientation and training programmes for the members of the Local Committee.
25. POWER TO CALL FOR INFORMATION AND INSPECTION OF RECORDS
1. 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, —
a. call 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 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.
2. 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.
26. PENALTY FOR NON-COMPLIANCE WITH PROVISIONS OF ACT
1. 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; 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 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, for the offence for which the accused is being prosecuted,the court shall take due cognizance of the same while awarding the punishment 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
27. COGNIZANCE OF OFFENCE BY COURTS
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 woman or any person authorised by the Internal Committee or Local Committee 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
28. ACT NOT IN DEROGATION OF ANY OTHER LAW
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
29. POWER OF APPROPRIATE GOVERNMENT TO MAKE 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 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 the employees and orientation programmes for the members of the Internal Committee under clause (c) of section 19; and the form and time for preparation of annual report by Internal Committee and the Local Committee 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
30. POWER TO REMOVE DIFFICULTIES
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 Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
