The document discusses sexual harassment of women in India, including key events and legislation around this issue. It provides background on cases like Bhanwari Devi's rape, which led to the landmark Vishaka guidelines from the Supreme Court in 1997 laying out procedures for addressing sexual harassment complaints. This was later built upon by the Sexual Harassment of Women at Workplace Act passed in 2013, which mandates internal complaint committees, defines sexual harassment, and outlines complaint and investigation processes. It aims to protect women's constitutional rights to equality, dignity, and profession by prohibiting sexual harassment, and establishing mechanisms for redressal and prevention across workplaces and dwellings.
Indian Law on Sexual Harassment of Women at Workplace - 2013Sukanya Patwardhan
This presentation gives a brief overview of the recently enacted law on the Sexual Harassment of Women at Workplace. If you want this presentation please send me a mail with your name and the purpose to receive this ppt.
Sexual Harassment Of Women At Workplace Act'2013 ; Prepared by RameshKumar,HRRamesh Kumar
Latest update including the recent amendments with detailed notes explains what, why and how to implement in workforce. Create anti- sexual harassment policy
How to prevent workplace sex harrasment . by dr alka arup mukherjee secretary...alka mukherjee
Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011
• Duty of the Employer or other responsible persons in work places and other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
• All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment including the following:
o Express prohibition of sexual harassment at the work place should be notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
o As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
o
Prevention of Sexual Harassment Act 2013Neha Shrimali
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has beenframed and put to operations on 9th December, 2013 to safeguard women at workplace.
PROBLEM STATEMENT
The most effective weapon against workplace harassment is prevention. Harassment againstwomen requires to be addressed in order to prevent it.
It is believed that effective implementation of POSH can help establish a gender neutralenvironment ensuring safety & respect of all the employees.
This program covers entire workforce in theorganization. Regardless of the gender or designation,every employee should have a clear understanding ofthe concept.
Indian Law on Sexual Harassment of Women at Workplace - 2013Sukanya Patwardhan
This presentation gives a brief overview of the recently enacted law on the Sexual Harassment of Women at Workplace. If you want this presentation please send me a mail with your name and the purpose to receive this ppt.
Sexual Harassment Of Women At Workplace Act'2013 ; Prepared by RameshKumar,HRRamesh Kumar
Latest update including the recent amendments with detailed notes explains what, why and how to implement in workforce. Create anti- sexual harassment policy
How to prevent workplace sex harrasment . by dr alka arup mukherjee secretary...alka mukherjee
Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011
• Duty of the Employer or other responsible persons in work places and other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
• All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment including the following:
o Express prohibition of sexual harassment at the work place should be notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
o As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
o
Prevention of Sexual Harassment Act 2013Neha Shrimali
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has beenframed and put to operations on 9th December, 2013 to safeguard women at workplace.
PROBLEM STATEMENT
The most effective weapon against workplace harassment is prevention. Harassment againstwomen requires to be addressed in order to prevent it.
It is believed that effective implementation of POSH can help establish a gender neutralenvironment ensuring safety & respect of all the employees.
This program covers entire workforce in theorganization. Regardless of the gender or designation,every employee should have a clear understanding ofthe concept.
The Prevention of Sexual Harassment (PoSH) at Workplace Act of India PPTmpavi257
POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also referred to as the “POSH Act”) came into existence in 2013. It has its foundations in the Vishaka Guidelines, and establishes a mechanism for dealing with sexual harassment complaints in the workplace.The Company is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.
The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment.
This policy applies to all categories of employees of the Company including permanent, temporaries, trainees and employees on contract at Company Premises. This policy is also equally applicable for all employees irrespective of their position - managerial or sub- ordinates.
Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (irrespective of gender).
Sexual Harassment includes –
• Any unwelcome sexually determined behavior (direct or implied) such as physical contact and advances (verbal, written or physical)
• Unwelcome communications or invitations
• Demand or request for sexual favors
• Sexually cultured remarks
• Showing pornography
• Creating a hostile work environment and any other unwelcome “sexually determined behavior” (physical, verbal or non-verbal conduct) of a sexual nature.
• Anyother type ofsexually-oriented conduct, verbalabuse or ‘joking’ that is sex-oriented
• Transmitting/posting emails, texts, or pictures of a sexual nature through office or personal equipment
• Intrusive personal questions about sexual activity
This presentation talks about the Prevention Of Sexual Harassment Act (POSHA), and tells you as an employer what are the compliance you need to make sure, in-terms of forming an ICC or LCC etc.,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. How to deal with diversity at workplace. Conducting enquiry in compliant cases. Equitable justice. Vishaka Judgement and development thereafter.
The law has been passed in order to protect the women from sexual harassment and help her have a safe working environment.
The ACT is meant to save women only unlike in other countries where they have sexual harassment ACT to protect all. We think a lot of improvements need to be taken care in the act. It is more like the beta version.
The Act puts additional burden on the employer. Non compliance of the act shall attract monetary penalty and might even lead to closure of business.
Do read the our views slide on the last page.
http://blog.hr360.com/hr-blog/sexual-harassment-in-the-workplace
Sexual harassment in the workplace - how to recognize it, establishing procedures to report it, and how to prevent it.
Prevention of Sexual Harassment at Workplace ActAID FOR CHANGE
This presentation highlights the issue of a woman facing sexual harassment at workplace, its impact on her and how she should act to tackle the situation...
Safety of women is of utmost importance in our society, be it personal space or professionalspace. To ensure their safety, it is vital to make them aware of their vulnerability to sexualharassment in their surroundings.
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has beenframed and put to operations on 9th December, 2013 to safeguard women at workplace.
However, a large chunk of Government and private workforce is still in the dark about theprovisions and effectiveness of the statute. It is more likely that when the problem is notaddressed, the harassment will get worse resulting in attrition of women workforce and manyother negative impacts.
There have also been scenarios where despite men being innocent, have been booked underPOSH by women just to satisfy of their personal vendetta.
IC Members should be given a thoroughunderstanding of redressal process and hence theyshould be well equipped with the knowledge of the said law.
The Prevention of Sexual Harassment (PoSH) at Workplace Act of India PPTmpavi257
POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also referred to as the “POSH Act”) came into existence in 2013. It has its foundations in the Vishaka Guidelines, and establishes a mechanism for dealing with sexual harassment complaints in the workplace.The Company is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.
The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment.
This policy applies to all categories of employees of the Company including permanent, temporaries, trainees and employees on contract at Company Premises. This policy is also equally applicable for all employees irrespective of their position - managerial or sub- ordinates.
Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (irrespective of gender).
Sexual Harassment includes –
• Any unwelcome sexually determined behavior (direct or implied) such as physical contact and advances (verbal, written or physical)
• Unwelcome communications or invitations
• Demand or request for sexual favors
• Sexually cultured remarks
• Showing pornography
• Creating a hostile work environment and any other unwelcome “sexually determined behavior” (physical, verbal or non-verbal conduct) of a sexual nature.
• Anyother type ofsexually-oriented conduct, verbalabuse or ‘joking’ that is sex-oriented
• Transmitting/posting emails, texts, or pictures of a sexual nature through office or personal equipment
• Intrusive personal questions about sexual activity
This presentation talks about the Prevention Of Sexual Harassment Act (POSHA), and tells you as an employer what are the compliance you need to make sure, in-terms of forming an ICC or LCC etc.,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. How to deal with diversity at workplace. Conducting enquiry in compliant cases. Equitable justice. Vishaka Judgement and development thereafter.
The law has been passed in order to protect the women from sexual harassment and help her have a safe working environment.
The ACT is meant to save women only unlike in other countries where they have sexual harassment ACT to protect all. We think a lot of improvements need to be taken care in the act. It is more like the beta version.
The Act puts additional burden on the employer. Non compliance of the act shall attract monetary penalty and might even lead to closure of business.
Do read the our views slide on the last page.
http://blog.hr360.com/hr-blog/sexual-harassment-in-the-workplace
Sexual harassment in the workplace - how to recognize it, establishing procedures to report it, and how to prevent it.
Prevention of Sexual Harassment at Workplace ActAID FOR CHANGE
This presentation highlights the issue of a woman facing sexual harassment at workplace, its impact on her and how she should act to tackle the situation...
Safety of women is of utmost importance in our society, be it personal space or professionalspace. To ensure their safety, it is vital to make them aware of their vulnerability to sexualharassment in their surroundings.
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has beenframed and put to operations on 9th December, 2013 to safeguard women at workplace.
However, a large chunk of Government and private workforce is still in the dark about theprovisions and effectiveness of the statute. It is more likely that when the problem is notaddressed, the harassment will get worse resulting in attrition of women workforce and manyother negative impacts.
There have also been scenarios where despite men being innocent, have been booked underPOSH by women just to satisfy of their personal vendetta.
IC Members should be given a thoroughunderstanding of redressal process and hence theyshould be well equipped with the knowledge of the said law.
The POSH Act 2013 has significantly impacted workplaces in India, providing victims of sexual harassment with the legal protection they need.
This article provides a Comprehensive Guide to the POSH Act, of 2013
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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2. Across the globe
today, workplace
sexual harassment is
increasingly
understood as a
violation of women’s
rights and a form of
violence against
women.
3. • India’s innovative history in tackling workplace sexual harassment began with
VISHAKA GUIDELINES and subsequently legislation has given critical visibility
to the issue.
• The Sexual Harassment Of Women at Workplace (Prevention, Prohibition And
Redressal) Act, 2013 was enacted to ensure safe working space for women
and to build working environment that respect women rights to equality of
status and opportunity
SEXUAL HARASSMENT IN INDIA
4. VISHAKHA AND OTHERS V STATE OF RAJASTHAN
No formal guidelines on how an employer should deal with cases of
sexual harassment of women at workplace
The Supreme Court passed a landmark judgment in VISHAKA CASE
laying down guidelines to be followed by establishments in dealing
with complaints about sexual harassment
Lok Sabha on 3rd September, 2012 passed SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL)
Bill, which was later passed by Rajya Sabha on 26th February, 2013, the
Bill got assent of President on 23rd April, 2013 and finally Act came into
force on 9th December, 2013
BEFORE
IN
AFTER
5. BHANWARI DEVI
TRIED
BUT
GOT RAPED
During the 1990s, Rajasthan state government employee Bhanwari Devi who tried to prevent child marriage as part of
her duties as a worker of the Women Development Programme was raped by the landlords of the community.
The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free
This enraged a women's rights group called VISHAKA that filed a Public Interest Litigation in the Supreme Court of India
6. SUPREME COURT PASSED A LANDMARK JUDGMENT
1. General Definition of Sexual Harassment was given
2. Duty of the employer or other responsible persons in work places or other institutions to prevent or deter the
commission of acts of sexual harassment
3. l employers or persons in charge of work place whether in public or private sector should take appropriate steps to
prevent sexual harassment
4. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the
employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate
authority
5. Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate
disciplinary action should be initiated by the employer in accordance with those rules
6. an appropriate complaint mechanism should be created in the employer's organisation for redress of the complaint
made by the victim i.e. constitute Complaints Committee, provide a special counsellor or other support service and
maintain of confidentiality.
7. Awareness of the rights of female employees in this regard should be created in particular by prominently notifying
the guideline. Etc.……
Following guidelines were laid downs
7. SEXUAL HARASSMENT RESULT IN VIOLATION OF VARIOUS CONSTITUTIONAL RIGHTS OF WOMEN
Right to EQUALITY
under Article 14 & 15
of Constitution of India
Right to LIVE AND TO LOVE WITH DIGNITY
under Article 21
of Constitution of India
Right to PRACTICE ANY PROFESSION OR TO CARRY ANY OCCUPATION, TRADE OR BUSINESS
under Article 19(1)(g)
of Constitution of India
8. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
PROHIBITION
REDRESSAL
PREVENTION
NO MALE
PROTECTION ?
9. WHAT IS SEXUAL HARASSMENT?
1. PHYSICAL CONTACT AND ADVANCES
12. 4. MAKING SEXUALLY COLOURED REMARKS
5. ANY OTHER UNWELCOME PHYSICAL, VERBAL OR NON-VERBAL
CONDUCT OF SEXUAL NATURE
13. WHO IS AGGRIEVED WOMEN?
AGGRIEVED WOMEN
In relation to workplace In relation to dwelling
place or house
• Women of any Age
• Whether employed or not (permanent,
temporary, adhoc or daily wager)
• Women of any Age
• Employed at such dwelling place or house
Who alleges to any act of sexual harassment by the respondent
14. WHO IS EMPLOYEE?
E
M
P
L
O
Y
E
E
Person employed on regular, adhoc, or daily wages basis or daily wage basis
Either Directly or through agent
With or without the knowledge of principal employer
With or without remuneration
Voluntary or otherwise
On express or implied terms of employment
include co-worker, a contract worker, probationer, trainee, apprentice…
15. WHO IS DOMESTIC WORKER?
D
O
M
E
S
T
I
C
W
O
R
K
E
R
Women who is Employed to do house hold work
Remuneration in cash or kind
Employed directly or through any agency
Whether temporary, permanent, part time or full time
But does not include any family member of employer
16. WHO IS EMPLOYER?
In Case of
Government or a
Local Authority
Private Workplace Dwelling Place or
House
• Head of department/ Organisation,
unit…..
• Person discharging contractual obligation
with respect to his/her employees
• Person responsible for management,
supervision and control….
• Person discharging contractual obligation
with respect to his/her employees
Person who employees or
benefits from the
employment
17. WHAT IS WORKPLACE?
Prevention of Workplace Sexual Harassment Act has introduced the concept of an ‘extended workplace’. As per the
statute, ‘workplace’ includes any place visited by the employee arising out of or during the course of employment
including transportation provided by the employer for the purpose of commuting to and from the place of employment
GOVERNMENT
ORGANISATIONS COMPANIES
NGOs
NURSING
HOMES
CORPORATIONS
FARMS
HOSPITALS
SPORTS
INSTITUTES
COOPERATIVE
SOCITIES
EDUCATIONAL
INSTITUTES
SERVICE
PROVIDERS
HOUSE
18. WHAT CIRCUMSTANCES AMOUNT TO SEXUAL HARASSMENT?
Implied/explicit promise of preferential treatment in employment
Implied/explicit threat of detrimental treatment in employment
Implied/explicit threat about present or future employment status
Interference with work or creating an intimidating/hostile environment
Humiliating treatment, likely to affect health or safety
19. INTERNAL COMPLAINT COMMITTEE (ICC)
1.Mandatory for establishment with 10 or more employees
2.Constitute a committee by order in writing (duty of employer)
3. To be established at each offices or administrative units or
workplaces located at different places
20. MEMBERS OF ICC
a. Presiding Officer Senior women employee employed at offices or administrative units or
workplace
b. Members Minimum 2(from employees) Committed to the cause of women or with
experience in social work or have legal knowledge
c. Outside member Minimum 1 from NGO or association committed to cause of women or
person familiar with cases of sexual harassment
50% OF THE TOTAL MEMBERS TO BE WOMEN
Duration of Membership : Maximum 3 years
Outside member so appointed to be paid such fee or allowance of Rs. 200 per day for holding proceedings and also
reimbursement of travel cost
21. PERSONS FAMILIER WITH CASES OF SEXUAL HARASMENT
Means person who have expertise on issues relating to sexual
harassment and include
1.Person familiar with labour, service, civil or criminal laws
2.Social worker with 5 year experience in this field
22. LOCAL COMPLAINT COMMITTEE (LCC)
1.To be constituted by district officer in every district
2.Receive complaint of sexual harassment
a. from establishment with less than 10 employees and no ICC
b. complaint is against employer himself
3. Designated officers
Nodal officer in Block Receive complaint and forward to LCC
Within 7 days of receipt
Taluka and Tchsil in rural or tribal area and
Ward or Municipality in the urban area
23. MEMBERS OF LCC
a. Chairperson
(allowance of Rs. 250 per day for
holding proceeding)
To be eminent women in the field of social work and committed to the
cause of women
b. 1 Members women working in block, taluka or tchsil or ward or municipality in the
district
c. 2 members
(allowance of Rs. 200 per day for
holding proceedings and also
reimbursement of travel cost)
Atleast 1 women 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
(atleast 1 nominee should preferably have background in law )
(at least one of the 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)
Duration of Membership : Maximum 3 years
24. REMOVAL OF MEMBERS FROM COMMITTEE
has been convicted for an
offence or an inquiry into an
offeree under any law for
the time being in force is
pending against him: or
has so abused his position
as to render his continuance
in office prejudicial to the
public interest, or
he has been found guilty in
any disciplinary
proceedings or a
disciplinary proceeding is
pending against him or
contravenes the
provisions of
section16 of this act
25. TIMELINE TO SETOFF THE COMPLAINT
SUBMISSION OF COMPLAINT
(IN WRITING)
WITHIN 3 MONTHS OF LAST INCIDENT
NOTICE TO RESPONDENT WITHIN 7 DAYS OF RECEIVING COMPLAINT
COMPLETION OF INQUIRY WITHIN 90 DAYS
SUBMISSION OF REPORT BY ICC/LCC TO
EMPLOYER/DISTRICT OFFICER
WITHIN 10 DAYS OF COMPLETION OF INQUIRY
IMPLEMENTATION OF RECOMMENDATIONS WITHIN 60 DAYS
APPEAL WITHIN 90 DAYS OF RECOMMENDATIONS
26. HOW CONFIDENTIAL THE COMPLAINT IS?
Contents of the complaint made under this act and other details shall not be published, communicated or made
known to the public, press and media in any manner and it will supersede the Right to Information Act 2005
CONSEQUENCES
Every person entitled with a duty to handle or deal with the complaint, inquiry or any recommendations or action,
if make content of complaint public, then employer shall recover a sum of Rs. 5000/- as a penalty from such person.
PROHIBITION
27. IS CONCILIATION PERMITTED?
ON REQUEST OF AGGRIVED
WOMEN
ICC OR LCC (ANYTIME BEFORE
INITIATING INVESTIGATION)
REFER MATTER FOR
CONCILIATION
MONETARY SETTLEMENT NOT ALLOWED
ICC OR LCC-RECORD THE
SETTLEMENT ARRIVED AT
CONCILIATION
SEND IT TO EMPLOYER OR
DISTRICT OFFICERTO TAKE ACTION
AS SPECIFIED
COPY OF SETTLEMENT SHALL BE GIVEN
TO AGGRIVED WOMEN AND
RESPONDENT
28. PUNISHMENT FOR
FALSE COMPLAINT AND FALSE EVIDENCE
WHERE LCC OR ICC IS OF THE VIEW THAT
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 recommends to Employer or District Officer to take action
in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist,
then actions such as written apology, warning, reprimand or censure, withholding of promotion, withholding of pay
rise or increments, terminating respondent from service or undergoing a counselling session or carrying out
community service.
29. DUTIES OF EMPLOYER
DUTIES OF
EMPLOYER
1.organise workshops and
awareness programmes at
regular intervals
1.provide safe working
environment at the workplace
1.display at any conspicuous place in the
workplace
•penal consequences of sexual
harassments
•detail of constitution of ICC
1.provide necessary facilities to the
Internal Committee or the Local
Committee
1.provide assistance to aggrieved
women to file a complaint for
offence under the Indian Penal Code
or any other law
1.provide necessary
information to ICC and LCC as
and when required
1.assist in securing the
attendance of respondent
and witnesses before the
Internal Committee or the
Local Committee
1.treat sexual harassment as a
misconduct under the service
rules and initiate action for
such misconduct
1.monitor the timely
submission of report y
the Internal Committee
1.cause to initiate action, under the
Indian Penal Code or any other law for
the time being in force
30. Fine which
may extend to
Rs. 50,000/-
If employer is conceited for any
offence under this act, gets
convicted again for the same
offence them:
• Twice of punishment to that of
previous one
• Cancellation of business
registration
All the offence
under this act are
non cognizable