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.

1. SEXUAL HARASSMENT OF WOMEN
AT WORKPLACE ACT, 2013
(Prevention, Prohibition & Redressal)
Updated on April 16th , 2015

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BACKGROUND OF THE ACT
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YEAR EVENT AUTHORITY
2007 Draft guidelines approved Union Cabinet
2010 Bill introduced Lok Sabha
2012 Passed by Lok Sabha
2013 Passed By Rajya Sabha
2013 Received President’s Assent Published in Official Gazette

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CHAPTERS OF THE ACT
Chapter
 I : Preliminary
 II : Constitution of Internal Complaints Committee by an Employer
 III : Constitution of Local Complaints Committee by District Officer
 IV : Complaint
 V : Inquiry into Complaint
 VI : Duties of Employer
 VII : Duties & Powers of District Officer
 VIII : Miscellaneous
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APPLICABILITY
 Extends to whole of India
 Every organisation who has more than 10 employees.
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WHO CAN BE AN AGGRIEVED PERSON?
 Anyone who is a Female
 Irrespective of age
 Status (single, married or divorced)
 Whether an employee of the organisation
 or an outsider

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Types of
Sexual
Harassment
Demand or
request for
Sexual Favors
Threat about
employment
status
Promise for
Preferential
treatment
Detrimental
treatment
Humiliating
treatment
which affects
her health
Offensive of
hostile
environment
Physical
Contact &
Advances
Unwanted
physical,
verbal or non
verbal conduct
of sexual
nature
Showing
pornography
Making
Sexually
colored
remarks

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INTERNAL COMPLAINTS COMMITTEE (ICC)
ICC
(Minimum 4)
Presiding Officer
(Must be Women)
Other Members
One person from NGO committed to cause of
women or
familiar with issues relating to sexual
harassment on allowance basis
•Employer with more than 10 employees in writing shall pass an order
to create ICC at all branches & act on its recommendation.
•Atleast ½ of the committee members shall be women
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LOCAL COMPLAINTS COMMITTEE (LCC)
Constitution of LCC
(5 Members)
Must be Women
Chairperson
Eminent Social
person working
for the cause of
Women
Working in the
nearby area
Belonging to the
Schedule Caste or
Tribe or Backward
Class
May or May not be Women
Ex- Officio
Concerned officer Dealing
with social welfare or
women & child development
in the area
Have law or
legal knowledge
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District Officer shall create LCC to receive complaints from:-
• Where ICC has not been set due to less than 10 employees in the organisation
• If complaint is against the employer
• Nodal officer within 7 days

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TENURE OF THE COMMITTEE MEMBERS
 The Presiding Officer or the Chairperson
 and other members of ICC & LCC
 shall hold office for such period not exceeding 3 years
 from the date of appointment as prescribed by the Employer or the District
Officer as the case may be.
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WHO CANNOT BE A PART OF THE COMMITTEE?
 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

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COMPLAINT
 Need to make 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 the aggrieved person to make the complaint in writing.
 can extend the time for filing complaint if it is satisfied with the
reason for the delay
 If she is unable to do so due to mental or physical incapacity then the legal heir
or the person as may be prescribed may make a complaint under this section.
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PERIOD IN WHICH THE COMPLAINT NEEDS TO BE SET
OFF!!
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Within 3 months
of the last instance Aggrieved shall give written complaint
Within 7 days
the Committee shall send a copy of the complaint to the respondent
Within 10 Days
from receipt of the complaint Respondent shall file a reply along with
documents, name & address of the witnesses
Within reasonable time period
The committee shall give the recommendations
Within 90 Days
An Appeal can be filed against the recommendation

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COMPLAINT SETTLEMENT THROUGH CONCILIATION
 At the request of the aggrieved women take steps to settle the matter between
her and the respondent through conciliation before making an enquiry.
 Though no monetary settlement shall be considered
 Post settlement ICC or LCC shall record the settlement
 Send the same to the employer or the District Officer to take action as specified
in the recommendation.
 Committee shall also provide the copies of the recorded statement to the
aggrieved women and the respondent.
 Where an settlement has arrived no further inquiry shall be made by the
committee
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INQUIRY INTO COMPLAINT
 In case the respondent is an employee the committee shall proceed in
accordance with the service rules.
 where not available or applicable shall forward the complaint to the police under
509 of the Penal Code and relevant provisions within 7 days if prima facia case
exist.
 Also 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
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INQUIRY INTO 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 section 15
 During the pendency of an inquiry the committee may recommend:-
 Transfer the aggrieved women or the respondent to new work place
 Grant leave to the aggrieved up to a period of 3 months which shall be in
addition to the leave entitled to her
 Grant any other relief as may be prescribed
 Employer shall implement upon the recommendation and send a report to the
committee
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INQUIRY REPORT
 Within 10 days of completion of the enquiry the committee shall provide report
to the employer or district officer as the case may be and should be available to
the concerned parties
 If the committee arrives at the conclusion that the allegation has not been proved
it shall recommend to take no action.
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RESPONDENT PROVED GUILTY
 Take action in accordance with the provisions of the service rules applicable,
where no such rules has been made, in such manner as prescribed
 To deduct from the salary or wages or direct such sum as it may consider
appropriate to be paid to aggrieved or her legal heirs in accord with sec. 15
 The concerned authority shall act upon the recommendation within 60 days of
its receipt.

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IF ALLEGATIONS PROVED TO BE WRONG
 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
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SECTION 15 (DETERMINING OF SUMS TO BE PAID)
 Committee shall need to have regard to:-
 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
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SECTION 16 (MAINTAINENCE OF SECRECY)
 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

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 Safe Working Environment and safety from
persons coming into contact at the workplace
 Display
 The penal consequences of sexual
harassment
 Order constituting the Committee
 Organise workshops and awareness
programmes at regular intervals
 Providing necessary facilities to the
committee for dealing with complaint and
conducting an inquiry
 Assist in securing the attendance of witness &
respondent before the committee
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DUTIES OF EMPLOYER

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DUTIES OF EMPLOYER
 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
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DUTIES OF THE 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.
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NON COMPLIANCE OF THE ACT
 Monetory penalty of upto maximum of Rs. 50,000/- may be imposed.
 Repetition of the same could result in punishment being doubled and/or
 De-registration of the entity or revocation of any statutory business licences.

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MISCELLANEOUS
 The committee in such form at such time as prescribed, an annual report and
submit the same to the employer or the District Officer
 District Officer shall submit the brief report on annual report to the State
Government.
 The employer in his annual return shall include the number of cases filed if any
and their disposal under this Act, where no such report is required to be
prepared intimate such number of cases to the District Officer
 The appropiate 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
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OUR VIEWS
 We feel the need for the law was always there however there are few things
which we thought that should have been considered:-
 Gender Equality – can a man not be sexually harassed?
 If no educated women is there in the organisation who then shall be the
Presiding Officer of ICC generally in unorganised sector
 We have a concern that ACT shall be limited to mere paperwork in Small and
Medium Business House.
 Instead of having individual ICC an agency could have been hired on an AMC
basis
 Online portal for registering the complaint in the LCC
 Evidence!! Seriously?? How can the female be aware about mishappening
that shall happen. Sometimes it takes place so quick that the person is in the
traumatised form herself
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