Latest update including the recent amendments with detailed notes explains what, why and how to implement in workforce. Create anti- sexual harassment policy

1. SEXUAL HARASSMENT OF
WOMEN
AT WORK PLACE ACT,2013
(Prevention, Prohibition and Redressal)
Prepared By
S.N.Ramesh Kumar

2. Purpose ?
An act to provide protection against sexual harassment of
Women at workplace and for the prevention and redressal of
sexual harassment and for matters connected therewith or
incidentals there to.

3. Workplace Definitions
 Employee
- Regular or temporary
- ad hoc or daily wage basis
- directly or through an agent, contractor
- whether for remuneration or not
- voluntary basis
- contract worker, probationer, trainee, apprentice called
any other such name;
 WorkPlace
- also covers within its scope
- places visited during the course of employment
- reasons arising our of employment like including
transportation provided by employer for commuting.

4.  Sexual Harassment includes
Any one or more of the following unwelcome acts or behavior
(directly or by implication)
- physical contact and advances; or
- a demand or request for sexual favours; or
- making sexually coloured remarks; or
- showing pornography ; or
- any other unwelcome physical, verbal or non-verbal
conduct of sexual nature;

5. Scope
 Whole of India
- Organized Sector
- Unorganized Sector
 Officebranch of an organization employing at least 10
employees

6. Redressal Committees

7. Internal Complaints Committee (ICC)
 Employer to set up ICC ; by an order in writing
 Shall be constituted at all administrative units/offices.
Committee
- Nominated by the employer
- Presiding Officer (PO) must be a women who’s at senior level
- Two members from amongst employees
- One member from NGO
 At least ½ of total members shall be women
Tenure of the Committee Members
- Every member in ICC shall hold office min.3 Years from the
date of nomination

8. ICC
One Presiding Officer
(Must be Women)
Minimum Two
other employees
One person from NGO
committed to cause of women
or familiar with issues relating
to sexual harassment on
allowance basis
(Min. 5yrs of experience in
Social Work)
Internal Complaints Committee (ICC)
Employer Level

9. Internal Complaints Committee (ICC)
FeesAllowances for members
- Allowance of Rs.200- per day ; and
- reimbursement of travel cost - which ever is less
• By train in three tier AC ; or
• AC bus ; or
• Auto ; or
• Rickshaw or taxi ; or
• The actual amount spent

10. Local Complaints Committee (LCC)
 District Officer shall constitute LCC with min.5 members
 Received complaints only where ICC is not constituted because
of having less then ten workers; or
 If the complaint is against the employer
 Committee members shall nominate by District Officer
 District Officer shall designate nodal officer at each block
 Receives complaints
 Forward same to LCC with in a period of 7 days.

11. Local Complaints Committee (LCC)
One Chairperson
Eminent Women
with social work
field
Belonging to the
Schedule Caste
or Tribe or
Backward Class
Ex- Officio
Concerned officer
Dealing with social
welfare or women &
child development in
the area.
District Level
Have law or
legal knowledge
One member
women working
in the same
district
Two members
At least one
shall be woman
from NGO’s or
associations

12. Who cannot be a member of ICC or LCC
- Contravenes section 16
- Convicted for an offence or enquiry under any law is time
being pending against him/her.
- Has been found guilty or disciplinary proceeding is pending
against her
- Has abused his/her position as to render his continuance in
office prejudicial to the public interest

13. Complaint
 Should submit to committee
- In writing (6 copies)
- along with supporting documents with the name and
address of the witnesses.
 Within 3 months
- of the incident or
- from last instance in case of series of incidents
 The Committee
- shall assist aggrieved person to make complaint in writing.
- can extend the time for filing complaint if it is satisfied
with the reason for the delay


14. Complaint
 If she is unable to do so due to make complaint on account of
physical incapacity , complaint may be filed by
- her relative or friend ; or
- co-worker; or
- an officer of National Commission for Women
- an officer of Women’s Commission; or
- any person who has knowledge of the incident; or
- with the written consent of aggrieved women;
 If she is unable to do so due to make complaint on account of
mental incapacity , complaint may be filed by
- her relative or friend or special educator; or
- qualified psychiatrist or psychologist ; or
- guardian under whose care she is receiving treatment
- who has knowledge of incident jointly with relative

15. Conciliation
 On request of the aggrieved women
- Settle the matter between her & the respondent
- before making an enquiry.
- No monetary settlement shall be considered
 If settlement arrived
- ICC or LCC shall record the settlement
- Send to the employer or the District Officer to take
action specified in the recommendation.
- Circulate the copies to both parties
Here an settlement has arrived no further inquiry shall be
made by the ICC or LCC

16. INQUIRY TO COMPLAINT
 In case the respondent is an employee the committee
shall proceed in accordance with the service rules.
 Forward to Police
- if no rules exists LCC shall forward the complaint
under 509 of the Penal Code and relevant
provisions within 7 days if prima facie case exist.
- if the complainant informs the committee that any
terms or condition of the settlement has not been
complied then the committee proceed to make an
enquiry or forward the complaint to the police
If both are employees then opportunity to be heard shall
be given equally

17. INQUIRY TO COMPLAINT
 Notwithstanding anything contained in the section 509 of the
Penal Code may direct the respondent to pay sums as it may
appropriate to the aggrieved women having regard to sec.15
 For purpose of making an inquiry the ICC or LCC may have
some powers , when trying a suit in following matters :
Under sub-section(7) :
- summoning and enforcing the attendance of any person
- examining him on oath;
- requiring the discovery & production of documents ; and
- any other matter
 Inquiry under subsection(7) shall complete with in 90 days

18. INQUIRY TO COMPLAINT
During the pendency of an inquiry
The committee may recommend:-
- Transfer the aggrieved women or the respondent to new
work place ; Or
- Grant leave up to a period of 3 months which is an addition
to the leave entitled to her ; Or
- Grant any other relief as may be prescribed
Employer shall implement upon the recommendation and send a
report to the committee

19. INQUIRY REPORT
Report
- Within 10 days of completion of the enquiry
- Committee provides report to the employer or district officer
- Should be available to the concerned parties

20. INQUIRY REPORT
IF ALLEGATION HAS BEEN PROVED
[[ - Take action in accordance with the provisions of the service
rules applicable
Where no such rules has been made, such manner as prescribed :
- To deduct from the salary or wages of respondent
- sum as it may consider appropriate to be paid to aggrieved
women or her legal heirs in accord with sec. 15
-Incase if employer unable to deduct from salary because of
- respondent being absent from duty
- cessation of employment

21. INQUIRY REPORT
IF ALLEGATION HAS BEEN PROVED
Contd….
- In such cases it may direct to respondent to pay amount to
aggrieved women;
- Incase respondent fails to pay , Committee forward the order
for recovery of sum as an arrear of land revenue to the
concerned district officer.
- The concerned authority shall act upon the recommendation
within 60 days of its receipt.

22. INQUIRY REPORT
IF ALLEGATION HAS NOT BEEN PROVED
If the committee arrives at the conclusion that the allegation has
not been proved by respondent it shall recommend employer and
the district officer that no action is required to be taken.

23. INQUIRY REPORT
Punishment for false or malicious complaint and false
evidence
If false complaint made or any forged documents being
produced the committee may recommend to take action as
per the service rules or as otherwise prescribed.
But if the complainant is unable to provide adequate proof
then no action is to be taken
The malicious intent shall be established after an enquiry in
accordance has been made with the prescribed procedure.
Committee arrives at an conclusion that during inquiry false
evidence has been produced then it may recommend action
against the witness as per service rule or as prescribed

24. Determination of compensation
Committee shall need to have regard to:
Section 13 :
- The mental trauma, pain suffering and emotional distress
caused to the aggrieved
- The loss in the career opportunity
- Medical expenses incurred post the incident
- Income & financial status of the respondent
- Feasibility of such payment in installment or in lump sum

25. Prohibition of Publication
Notwithstanding anything contained in the Right to Information
Act
- The Complaint
- Identity & Address of Aggrieved, respondent and witness
- Information relating to the conciliation, Inquiry and
recommendation by the committee
- Action taken by employer or District Officer
Shall not be published, communicated or made known public, in
media in any manner

26. Duties Of Employer

27. Duties of Employer
Every employer shall –
Provide
- Safe working environment
- Safety from persons coming into contact
- Necessary facilities to the committees for dealing complaints
Display
- The penal consequences of sexual harassment
- Order constituting the Committee
Organize
- Workshops
- Awareness programmes at regular intervals

28. Duties of Employer
Every employer shall –
- Assist in securing the attendance of witness & respondent
before the committee
- Make such information available to the committee as it may
require in accordance with the complaint lodged
- Provide assistance to the aggrieved if she wishes to file the
complaint under Indian Penal Code or any other law in force
- Treat sexual harassment as a misconduct under service rules
and initiate action for such misconduct
- Monitor timely submission of report by the ICC
- Cause to initiate action, under the Penal Code against the
perpetrator in the workplace where the incident took place

29. Manner to Organize Workshops
Subject to section 19, every employer shall –
- Formulate and widely disseminate an internal policy or
resolution or declaration for probition,prevention and
redressal of sexual harassment at workplace
- Orientation programmes and seminars for ICC members
- Employees awareness programmes involving local bodies like
- Women’s groups, mothers committee etc..
- Declare names and contact details of all ICC Members
- Use modules developed by Stage Government to conduct
workshops

30. Duties and Powers of District Officer
- Monitor the timely submission of reports furnished by the LCC.
- Take such measures as may be necessary for engaging NGO for
creation of awareness on sexual harassment and the rights of
the women.

31. COMMITTEE ANNUAL REPORT
- The ICC or LCC shall prepare
- Forms
- Annual Report
- Submit to employer or District Officer
- Employer to include information in Annual Report
- District Officer shall forward report to State Government
- If no such reports prepared, intimate the details to District
Officer.
- The appropriate Government shall monitor the implementation
of this Act and shall maintain data on the number of cases filed
& disposed in respect of all cases of sexual harassment at
workplace

32. COMMITTEE ANNUAL REPORT
- Employer Annual Report Includes
- No.of complaints of sexual harassment received
- No.of complaints disposed off
- No.of cases pending for more then 90 days
- No.of workshops or awareness programs carried
out against sexual harassment
- Nature of action taken by employer or Officer

33. Inspection of Records
The Government may
- Call employer or District Officer
- To furnish in writing information
- Authorize any officer to make inspection
- of Records
- Workplace
- EmployerDistrict Officer shall produce on demand
- Fails to follow – Ref: Non –Compliance of Act slide

34. Non-Compliance of Act
- Penalty up to maximum of Rs. 50,000/-
- If any employer after having been previously convicted
and repetition of the same could result in punishment
being doubled and/or
- De-registration of the entity or revocation of any
statutory business licences.

35. of Act