Hi All:
I am working in an IT Company in HR Department handling HR and employee relations too...
One of our male employee had a crush on our female employee...few months back..but he dint get good response from her...so he lost interest....but employees do tease both of them...and now the girl is creating scene for every small matter...
One instance...few days back we went for movie and co-incendentally she got seat next to him..she thought employees made that plan and he too wanted that...now the boy is crying saying why she talks back of me..i dont have feelings for her...
Please guide me as how should i convince both of them...and get a normal environment..
Thanks & Regards
Gladys Sundhalkar
From India, Mumbai
31I am working in an IT Company in HR Department handling HR and employee relations too...
One of our male employee had a crush on our female employee...few months back..but he dint get good response from her...so he lost interest....but employees do tease both of them...and now the girl is creating scene for every small matter...
One instance...few days back we went for movie and co-incendentally she got seat next to him..she thought employees made that plan and he too wanted that...now the boy is crying saying why she talks back of me..i dont have feelings for her...
Please guide me as how should i convince both of them...and get a normal environment..
Thanks & Regards
Gladys Sundhalkar
From India, Mumbai
gladys,
let me start off with a question ?
females who work encounter lecherous stares/ lewd comments from quite a number of people every day...
well if one of them complained to her family members/ collegues -- most often people will ask her to cool her heels....
This strategy is based on purely a lack of sensitivity..
This is how to go about it:
a) read the Supreme court guidelines in "Visakha case"
If possible watch the movie "Bawandar" which is true story behind the visakha case..
b) Visit The website site of National Commision on Women, download the sexual harassment at workplace act ....
c) check the harassment policies n procedures of some leading companies and next put a system in place to handle the same.
surya
From India, Delhi
let me start off with a question ?
females who work encounter lecherous stares/ lewd comments from quite a number of people every day...
well if one of them complained to her family members/ collegues -- most often people will ask her to cool her heels....
This strategy is based on purely a lack of sensitivity..
This is how to go about it:
a) read the Supreme court guidelines in "Visakha case"
If possible watch the movie "Bawandar" which is true story behind the visakha case..
b) Visit The website site of National Commision on Women, download the sexual harassment at workplace act ....
c) check the harassment policies n procedures of some leading companies and next put a system in place to handle the same.
surya
From India, Delhi
The story behind the Supreme Court Guidelines.
The Supreme Court guidelines came about due to the gang rape of Bhanwari Devi by a group of Thakurs, as punishment for having stopped a child marriage in their family. This provoked women's groups and NGOs to file a petition in the Supreme Court of India and the result is the Supreme Court guidelines on sexual harassment at workplace.
Bhanwari Devi was a village-level social worker or a saathin of a development programme run by the State Government of Rajasthan, fighting against child and multiple marriages in villages. As part of this work, Bhanwari, with assistance from the local administration, tried to stop the marriage of Ramkaran Gujjar's infant daughter who was less than one year old. The marriage took place nevertheless, and Bhanwari earned the ire of the Gujjar family. She was subjected to social boycott, and in September 1992 five men including Ramkaran Gujjar, gang raped Bhanwari in front of her husband, while they were working in their fields. The days that followed were filled with hostility and humiliation for Bhanwari and her husband. The only male doctor in the Primary Health Centre refused to examine Bhanwari and the doctor at Jaipur only confirmed her age without making any reference to rape in his medical report. At the police station, the women constables taunted Bhanwari throughout the night. It was past midnight when the policemen asked Bhanwari to leave her lehenga behind as evidence and return to her village. She was left with only her husband's bloodstained dhoti to wear. Their pleas to let them sleep in the police station at night, were turned down.
The trial court acquitted the accused, but Bhanwari was determined to fight further and get justice. She said that she had nothing to be ashamed of and that the men should be ashamed due to what they had done. Her fighting spirit inspired fellow saathins and women's groups countrywide. In the months that followed they launched a concerted campaign for justice for Bhanwari. On December 1993, the High Court said, "it is a case of gang-rape which was committed out of vengeance". As part of this campaign, the groups had filed a petition in the Supreme Court of India, under the name 'Vishaka', asking the court to give certain directions regarding the sexual harassment that women face at the workplace. The result is the Supreme Court judgement, which came on 13th August 1997, and gave the Vishaka guidelines.
From India, Delhi
The Supreme Court guidelines came about due to the gang rape of Bhanwari Devi by a group of Thakurs, as punishment for having stopped a child marriage in their family. This provoked women's groups and NGOs to file a petition in the Supreme Court of India and the result is the Supreme Court guidelines on sexual harassment at workplace.
Bhanwari Devi was a village-level social worker or a saathin of a development programme run by the State Government of Rajasthan, fighting against child and multiple marriages in villages. As part of this work, Bhanwari, with assistance from the local administration, tried to stop the marriage of Ramkaran Gujjar's infant daughter who was less than one year old. The marriage took place nevertheless, and Bhanwari earned the ire of the Gujjar family. She was subjected to social boycott, and in September 1992 five men including Ramkaran Gujjar, gang raped Bhanwari in front of her husband, while they were working in their fields. The days that followed were filled with hostility and humiliation for Bhanwari and her husband. The only male doctor in the Primary Health Centre refused to examine Bhanwari and the doctor at Jaipur only confirmed her age without making any reference to rape in his medical report. At the police station, the women constables taunted Bhanwari throughout the night. It was past midnight when the policemen asked Bhanwari to leave her lehenga behind as evidence and return to her village. She was left with only her husband's bloodstained dhoti to wear. Their pleas to let them sleep in the police station at night, were turned down.
The trial court acquitted the accused, but Bhanwari was determined to fight further and get justice. She said that she had nothing to be ashamed of and that the men should be ashamed due to what they had done. Her fighting spirit inspired fellow saathins and women's groups countrywide. In the months that followed they launched a concerted campaign for justice for Bhanwari. On December 1993, the High Court said, "it is a case of gang-rape which was committed out of vengeance". As part of this campaign, the groups had filed a petition in the Supreme Court of India, under the name 'Vishaka', asking the court to give certain directions regarding the sexual harassment that women face at the workplace. The result is the Supreme Court judgement, which came on 13th August 1997, and gave the Vishaka guidelines.
From India, Delhi
a)
do visit the website of National commision for women
http://ncw.nic.in <link updated to site home>
b) i have encl the workplace harassment act in pdf n text format (for those who have a slow internet connection)
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6. THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE
(PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2006
Preamble
A Bill conferring upon Women the Right to Protection against Sexual
Harassment and to protect the Right to Livelihood and towards that end
for the prevention and redressal of Sexual Harassment of Women.
Whereas Sexual Harassment infringes the Fundamental Right of a woman to
gender equality under Article 14 of the Constitution of India and her Right to
life and live with dignity under Article 21 of the Constitution which includes a
Right to a safe environment free from Sexual Harassment.
And Whereas the Right to protection from Sexual Harassment and the Right
to work with dignity are recognized as universal human rights by international
conventions and instruments such as Convention on the Elimination of all
Forms of Discrimination against Women (CEDAW), which has been ratified
by the Government of India.
And Whereas the Supreme Court in Vishakha vs. State of Rajasthan
[1997(7) SCC.323] has formulated guidelines to address Sexual Harassment
until a suitable legislation is enacted in this respect.
Be it enacted by Parliament in the __________ year of the Republic of India
as follows:
PRELIMINARY
1. Short title, extent and commencement: - (1) This Act may be called
THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE
(PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2006
(2) It extends to the whole of India except the State of Jammu & Kashmir.
(3) It shall come into force with immediate effect.
2. Definitions: - In this Act, unless the context otherwise requires: -
(a) “Aggrieved Woman /Women” means any female person/persons,
whether major or minor, who alleges that she/they have been
subjected to sexual harassment
(b) “Appropriate Government” means:
(i) In relation to any department of the Central Government or any
establishment or undertaking wholly or substantially financed by
that government or such other bodies or corporations established
by or under the control of the Central Government, the Central
Government;
(ii) In relation to any department of a state government or any
establishment or undertaking wholly or substantially financed by that
government or any local authority or any establishment or undertaking
established by or under the control of the State Government, the State
Government;
(iii) In relation to the industries specified in Section 2(a) of the
Industrial Disputes Act, 1947, the term ‘appropriate government’
shall have the same meaning as assigned under the Act.
(c) “Contractual Services” would mean any contract for service
whereby one part undertakes to render services to or for another in
the performance of which he/she is not subject to detailed
direction and control but exercises professional or technical skill
and uses his/her own knowledge and discretion
Illustration of contractual services
(i) People performing a service of acting, singing, and painting or like
services.
(ii) Services of a consultant for an establishment.
(d) “Defendant” means a person against whom an allegation of sexual
harassment is made under this Act.
(e) “District officer” means an officer appointed under section 11 of the
Act
(f) “Employee” means a person employed for any work directly, or by or
through any agency (including a contractor), with or without the
knowledge of the principal employer, whether for remuneration or not,
or working on a voluntary basis or otherwise , whether the terms of
employment are express or implied, and any person employed as a
temporary, casual, badli, piece-rated or contract worker, probationer,
trainee, apprentice or by any other name called; and includes a
domestic servant employed in a house or dwelling place
(g) “Employer” means:
(i). In relation to an undertaking or department which is carried on by or
under the authority of the Central Government, or a State Government,
the authority prescribed in this behalf, or, where no authority is
prescribed, the head of the department / undertaking;
(ii). In relation to an workplace under any local body/authority, the
authority prescribed in this behalf, or, where no person is so
prescribed, the Chief Executive Officer;
(iii). In any workplace not covered under (i) and (ii) hereinabove, the person
who, or the authority which, whether called a Manager, Managing
Director, President, Managing Agent, contractor or by any other name,
is responsible for the ultimate supervision and control of the affairs of
the workplace, in which the employee is employed, and in respect of a
contract employee includes the Principal Employer of the workplace in
which the employee is working, as well as the contractor;
(iv) In any other case, the person who is in a position of authority whether
supervisory, evaluatory, pecuniary or fiduciary including the owner or
trustee of an educational institution or any professional body,
society, trust, etc providing any services.
(h) “Internal Complaints Committee” means a committee constituted by
the persons in charge of the establishments under Chapter III of
this Act.
(i) “List of Third Parties” means the list of persons drawn up by the
district Officer under this Act, consisting of persons from various fields
who have worked for / in the field of women’s rights, including women’s
rights activists; social workers; activists from NGOs; counselors;
lawyers; doctors; psychiatrists; trade unionists; representatives of
peasant and agricultural organizations and journalists etc.
(j) “Local Complaints Committee” means a Committee constituted
under Chapter III of this Act,
(k) “Misconduct” means misconduct as defined in the All India services
(conduct)Rules 1968 rules , Central Civil Services (Conduct) Rules
1964 , Railway services (conduct)rules 1966, the Indian foreign services
(conduct and disciple ) rules 1961, The Industrial Employment
(Standing Order) Act , 1946 , the Advocates Act 1961, the Indian
Medical Council Act 1956 , The Chartered Accountants Act 1949 , The
Architects Act 1972 , or in any other laws rules , regulations for the time
being in force governing misconduct .
Provided further that sexual harassment shall amount to an offence
under the Air Force Act 1950, the Army Act 1950 and other laws
governing conduct and disciple in the armed and paramilitary forces
which prescribe for offences
(l) Proceedings” means any proceedings carried out by any
authority prescribed or persons authorized under this Act.
(m) “Sexual Harassment” is such unwelcome sexually determined
behavior such as physical contact, advances, sexually coloured
remarks, showing pornography or making sexual demands, whether
verbal, textual, graphic or electronic or by any other actions, which may
contain -.
(i) Implied or overt promise of preferential treatment in that employee’s
employment or
(ii) An implied or overt threat of detrimental treatment in that employee’
employment or an implied or overt threat about the present or future
employment status of that employee
and includes the creation of a hostile Working environment.
(iii) The conduct interferes with an employee's work or creates an
intimidating, hostile or offensive work environment or
(iv) Such conduct can be humiliating and may constitute a health and
safety problem
Explanation1: Hostile Environment: A work environment is “hostile”
when unwelcome verbal, non-verbal or physical behaviour
focusing on sexuality is severe and pervasive enough to interfere
with the victim’s work performance or be intimidating or offensive
to a reasonable person.
Explanation2 : It is clarified that it is the reasonable perception of the
woman that would be relevant in determining whether any conduct was
sexually coloured and, if so, whether such conduct was unwelcome or
not and that her objection would disadvantage her in connection with
her employment, including recruitment or promotion, or when it creates
a hostile working environment.
(n) “Services” means service of any description irrespective of whether it is
provided for any consideration or not which is made available to
potential users and includes the provision of facilities in connection
with banking, financing, insurance, transport, processing, supply
of electrical and other energy, boarding, housing or lodging,
entertainment, sporting activities, amusement, the purveying of news of
other information or the the rendering of any service by a professional
/professional body or under a contract of personal service;
(o) “Unorganized Sector” means all private unincorporated enterprises
including own account enterprises engaged in any agriculture,
industry, trade and/or business and includes sectors as mentioned
in schedule II
(p) ‘Unorganized Sector Worker” means a person who works for wages
or income; directly or through any agency or contractor; or who works
on his own or her own account or is self employed; in any place
of work including his or her home, field or any public place
(q) “Workplace” means
(i) Any department / organization, establishment or undertaking wholly
or substantially controlled by the Central Government or the
State Government or local or other authority under the control of
the central or the state government
(ii) Any venture, business, organisation or institution or department carrying
on systematic activity by co-operation for the production, supply or
distribution of goods and/or services irrespective of whether it is an
“industry” within the meaning of section 2 (j) of the Industrial
Disputes Act, 1947 or whether it is performing any inalienable sovereign
function and irrespective of whether the goods and/or services are
provided for any remuneration or not and
(iii) Includes any place where an aggrieved woman or defendant or
both is/are employed or work/s, or visits in connection with work
during the course of or arising out of employment, and
(iv) Such other statutory and/or professional bodies, contractual and
other services and
(v) Includes but is not limited to the illustrations in Schedule I.
CHAPTER II
PROHIBITION AGAINST SEXUAL HARASSMENT
3. Right to work in a free environment - Every woman shall have a
Right to be free from Sexual Harassment and the Right to work in
an environment free from any form of Sexual Harassment.
4. Prohibition against sexual harassment - (i) No employer or any
person who is a part of the management or ownership, or a supervisor
or a co-employee shall, sexually harass a female employee at the
workplace, where she is employed or is seeking employment; whether
the harassment occurs in / at the workplace, or at a place where the
said person has gone in connection with the work or at any other
workplace.
(ii) Sexual Harassment will amount to misconduct in employment
under all relevant Conduct and Service Rules and Regulations, the
service rules / regulations governing employment and workplace shall
govern such misconduct and the said Rules/Regulations shall stand
amended accordingly.
(iii) Sexual harassment shall amount to an offence under the Air
Force Act 1950, the Army Act 1950 and other laws governing conduct
and discipline in the armed and paramilitary forces which prescribe for
offences.
(iv) No employer or any person who is a part of the management or
ownership, a supervisor or an employee shall sexually harass a woman
who, for whatsoever reason is present in / at the workplace of the said
persons, or who comes into contact with the employer, supervisor or
employee in connection with her work or the work of the said persons.
(v). Every employer or management of the workplace shall take all
necessary and reasonable steps to prevent and ensure that no woman
employed in the establishment is subject to Sexual Harassment by any
third party during the course of employment. Where any such Sexual
Harassment occurs, the employer shall take all necessary steps to
assist the aggrieved woman to redress the act of Sexual harassment.
5. Prohibition against sexual harassment in other cases – in cases
where an employer-employee relationship does not exist – it shall be
the duty of the head of the professional body or institution to ensure that
- No student or any person seeking admission to any such
institution/professional body or a client is subjected to sexual
harassment
- take all necessary and reasonable steps to prevent and ensure
that no woman is subject to Sexual Harassment by any person
Where any such Sexual Harassment occurs, the said professional
body shall take all necessary steps to assist the aggrieved woman
to redress the act of Sexual harassment.
6. Without prejudice to the rights and remedies available under any other
law for the time being in force and in addition thereto, an aggrieved
woman shall have the Right to claim compensation from the defendant
for any Sexual Harassment to which she may have been subjected to ,
in an appropriate Court of law.
7. In any claim under the preceding clause, the appropriate Court or forum,
upon satisfaction that the defendant has committed Sexual Harassment,
shall in addition to any order as may be deemed fit in the
circumstances of the case award appropriate just and reasonable
compensation to the person aggrieved. In determining the quantum of
compensation, the Court shall take into account the following factors:
(a) The mental trauma, pain, suffering and emotional distress caused to the
person aggrieved.
(b) The loss in career opportunities due to this particular incident.
(c) Medical expenses incurred by the victim for physical or psychiatric help.
(d) The income and financial status of the defendant.
(Explanation: in any action under section 7, the aggrieved woman may
submit an authorized or certified report of the Internal Complaints Committee
or the Local Complaints Committee, and if that records a finding that sexual
harassment did take place, and that report has become final, the Court or
forum shall proceed to award compensation without requiring the person
aggrieved to establish her claim of Sexual Harassment.
Provided further that the court may for reasons impose a fine of not less than
000/- on any workplace which has failed to constitute an internal
complaints committee or opted to have been governed by the local
complaints committee or failed to initiate action within a reasonable time on
the complaint referred to it alleging sexual harassment or failed to comply
with any orders passed by the district officer under this Act
-------------------------
CHAPTER III
AUTHORITIES UNDER THIS ACT
8. Duty of the workplace to Constitute Internal Complaints
Committees :- (1) It shall be mandatory for every workplace and every
employer incharge of a work place to constitute an Internal
Complaints Committee as prescribed under this Act.
(2) Notwithstanding anything in sub section(1), In cases where it is not
practically feasible to constitute the Internal complaints Committees at
the workplace or at each of the branch or office of the workplace ,
wherever they be located, the employer shall constitute such internal
complaints committee either at its head office or at any of the branch
offices, for dealing with cases of sexual harassment, in respect of its
workplace and in cases where internal complaints committee cannot
be constituted then, the provisions prescribed in Section 11,12 and
13 of this Act, i.e. local complaints committee, dealing with cases of
sexual harassment , shall govern such employer and employees of the
workplace.
Provided that, where, the district officer or the appropriate
government, is of the opinion that any workplace should constitute
an Internal Complaints Committee in that establishment, the
appropriate government or the District officer as the case may be shall
direct the employer incharge of that workplace to do so.
9. Constitution of Internal Complaints Committee: -
(a) The Internal Complaints Committee shall consist of not less than
three members.
(b) The Committee shall be headed by a woman, who shall be its
chairperson.
(c) There shall be at least one person selected from the list of third
parties.
(d). Not less than half of its members shall be women. Where
sufficient number of women employees are not available, then,
the committee may be filled up from amongst the list of third
parties.
(e). All members of the Complaints Committee, whether internal or
third parties should be neutral and unbiased.
(f). If a member of the Complaints Committee is junior in the
hierarchy of the establishment concerned to the defendant, then
for that particular case, that member shall be substituted on
the Committee by another person.
(g). An Internal Complaints Committee constituted under Section 13
shall be appointed for a period of three years, after which a new
Committee shall be appointed, Provided that the previous
Committee or individual members of the previous Committee may
be reappointed, but not for more than two terms.
(h) A member appointed to the internal complaints committee from
the list of third parties , shall be paid Traveling Allowance, at such
rates as may be prescribed by the concerned workplace, for each
day on which he/she is required to attend to the proceedings of
the committee
10. In any workplace where an Internal Complaints Committee has not
been set up or where no action has been taken on the complaint of the
aggrieved woman, the aggrieved woman may approach the appropriate
government or the concerned District officer, who may direct the
employer incharge of that workplace to constitute a Internal complaints
committee and take action as per the procedure prescribed under the
Act
11. Appointment of District Officer for every District:- (1) The
appropriate Government shall nominate the District Magistrate or
the Collector or the Addl. District Magistrate or Deputy Collector as
the” District Officer for every district to deal with complaints arising out
of provisions of this Act
(2) The District Officer may take assistance of any officer or department of
the state government, including the Assistant Labour Commissioner, to
assist him in discharging the functions under the Act and may nominate
any officer at the block level, to assist him in the discharge of the
functions under the Act
(3) Every district officer shall draw up or cause to be drawn a list of a Third
Parties as enumerated in Section 2 (i) at each District and block level
12. Constitution of Local Complaints Committee:-
(1). It shall be the responsibility of the District Officer under this Act, to
constitute a Local Complaints Committee, at the district level. Provided
further that a Local Complaints Committee may be constituted at each
block level.
(2) The Committee shall consist of at least four persons, comprising of :-
(a) A woman who shall be its Chairperson, selected from amongst persons
of ability, integrity and standing, and shall have adequate knowledge or
experience of or have shown capacity in dealing with issues relating to
women
(b) One representative from any non-governmental or voluntary
organization in the district working for the cause of empowerment of
women to be selected from the List of Third Parties
(c) Two other members, who are representatives selected from Employers
Association operating in the Industries mentioned under Schedule I & II
or an Employees’ Representative, selected from a trade union or other
workers organization functioning in the district concerned
(3) A Local Complaints Committee constituted under this section shall be
appointed for a period of three years, after which a new Committee
shall be appointed. Provided that the previous Committee or individual
members of the previous Committee may be reappointed, but not for
more than two terms.
(4). The members of the Local Complaints Committee shall be paid from the
fund of the Local Complaints Committee, a traveling allowance, at such
rates as may be prescribed, for each day on which they are required to
attend the office from which the Committee functions or travel anywhere
else in connection with the work of the Committee.
13. Jurisdiction of the Local Complaints Committee:
Subject to the other provisions of this Act, the local complaints
committee shall have the jurisdiction to entertain and inquire into
complaints of sexual harassment made by or on behalf of any woman
in and/or against any person/defendant residing within the jurisdiction
of the concerned district in -
a. Any workplace where an internal complaints committee ought to have
been established but has not been so established or Where an Internal
Complaints Committee should have been set up by an employer under
the provisions of this Act, but has not been set up, an aggrieved
woman employed by the said employer may lodge a complaint of
sexual harassment with the district Officer or the local complaints
committee Or
b. Where the district Officer has reason to believe that a number of
women in an establishment are being subjected to sexual harassment,
but that due to grave danger or fear of repercussions, they are not in a
position to file a complaint or give a written consent for the filing of a
complaint regarding the same, the Local Officer may act suo moto in
the matter and proceed as if a complaint regarding the same had been
filed before her. or
c. Any educational institution where internal complaints committee has
not been established or
d. Any workplace where the complainant is not covered under the
employer-employee relationship.
e. Any statutory and professional authority or body or association of
professionals where services are provided to a client and where
internal complaints committee has not been set up
f. Any unorganised sector as specified in schedule II
g. Any services or workplace not covered above
h. In cases where the allegation of sexual harassment is against the
employer of the aggrieved woman, or against the person in charge of
the establishment concerned, she may lodge the complaint with the District
Officer if she so chooses;
Provided that, where, the district officer is of the opinion that any
workplace in a sector that falls under Schedule I & II of this Act, should
constitute an Internal Complaints Committee in that establishment, the
District officer may direct that workplace to do so.
CHAPTER IV
DUTIES OF AUTHORITIES UNDER THIS ACT
14. General duties of a Workplace - (1) Every of a workplace shall:
(a). Ensure a safe environment free from Sexual Harassment including
prevention and deterrence of Sexual Harassment and as far as
practicable constitute an internal complaints or opt to be governed in
accordance with the provisions of the Act
Provided further that every workplace shall –
i) Lay down a clear policy on dealing with cases of sexual
harassment and constitute a internal complaints committee or
choose to be governed by the local complaints committee
ii) Designate as far as practicable at each branch or office an officer
or any member of the committee to receive complaints
(b). Undertake workshops and training programmes at regular intervals for
sensitizing the members
(c) Prominently display notices in various places in the establishment
spreading awareness about the issue of “Sexual Harassment at the
Workplace” and giving information about the redressal mechanism that
has been put in place and encouraging people to file their grievances.
(d) Facilitate initiation of proceedings under this Act if an act/s of sexual
harassment has been brought to his/her notice.
(f) Prepare and prominently display a policy for the prevention and
prohibition of Sexual Harassment.
(g). After a complaint under this Act has been made and pending its
prosecution under this Act, not alter to the prejudice of the
Complainant/Supporter/Witness concerned, the conditions of service of
the Complainant/Supporter/Witness prevailing immediately prior to the
complaint being lodged as a consequence to the filling and prosecuting
of a complaint under this Act,.
(h). In establishments where an Internal Complaints Committee has been
set up, bear the expenses of the committee members incurred in
relation to a complaint such as travel allowance.
(2. It shall be the duty of the appropriate government to ensure that
the workplace under their administrative or supervisory control have
taken all reasonable measures to comply with the duties cast upon
the workplace under this Act.
15. Duties of the Internal Complaints Committee,:- It shall be the duty of
Internal Complaints Committees constituted under this Act, to
promote and facilitate measures taken in the establishment concerned
for the prevention of Sexual Harassment in that establishment and for
Sensitization regarding the same, and to carry out an enquiry into
complaints of Sexual Harassment referred to it or brought to its notice.
16. Duties of District Officers: - (1) It shall be the duty of the district
Officer to draw up a list of the List of Third Parties and constitute a
Local Complaints Committee at the district level and if so considered
necessary at each block level
(2) Ensure that wide publicity is given regarding the provisions of the Act
as well as to constitution/composition of the local complaints committee
(3) Direct any workplace within his jurisdiction to constitute an internal
complaints committee either at its branch or head office
(4) It shall be the duty of all Local Complaints Committees constituted
under this Act, to promote and facilitate measures for the prevention of
Sexual Harassment and for sensitization regarding the same, and
conduct an enquiry into misconduct in workplace as per the jurisdiction
conferred under this Act
CHAPTER V
PROCEDURE FOR LODGING A COMPLAINT
17. Who May File A Complaint:- (1) A complaint may be lodged before
any authority or person under this Act by:
(i) An aggrieved woman
(ii) In case of death of the aggrieved woman, her legal heir or
representative;
(iii) In case of more than one aggrieved woman, all or any one or more of
them on behalf of herself and others,
Or
(iv). with the authorization/written consent on behalf of persons covered by
clauses (i) (ii) and (iii) above:
(a) A registered trade union;
(b) A women’s organization or a non-governmental organization;
(c) A co-employee
May file the complaint on behalf of the complainant in so far it relates
to initiating the action under the provisions of this Act
18. Place where a complaint may be preferred : - (1) In an workplace
where an Internal Complaints Committee has been set up, a complaint
under this Act may be lodged with any member of the Committee or any
person designated to receive complaints
(2) If the aggrieved woman alleges that she has been subject to an act of
sexual harassment at another branch or office to which she has been
deputed, or has visited in connection with her work, a complaint in this
regard can be filed either with the Internal Complaints Committee in her
regular branch or office or with the Internal Complaints Committee in
the branch or office in which the act of Sexual Harassment allegedly
took place. However any enquiry or proceedings pursuant to the same
shall be conducted at the workplace where the defendant is
employed.
(3) save as provided otherwise, a Complaint under this Act may be lodged
with the District officer or the local complaints committee provided
that:
(i). In cases where the allegation of Sexual Harassment is against the
employer of the aggrieved woman, or against the person in charge of
the workplace concerned, she may lodge the complaint with the
district Officer if she so chooses;
(ii). Where an Internal Complaints Committee should have been set up by
an employer under the provisions of this Act, but has not been set up,
an aggrieved woman employed by the said employer may lodge a
complaint of Sexual Harassment with the district Officer or the local
complaints committee
(iii). Where the district Officer has reason to believe that a number of women
in an workplace are being subjected to Sexual Harassment, but that
due to grave danger or fear of repercussions, they are not in a position
to file a complaint or give a written consent for the filing of a complaint
regarding the same, the district Officer may act suo moto in the matter
and proceed as if a complaint regarding the same had been filed before
district officer
(4). The Committee so constituted shall sit within the local proximity of the
Complainant’s workplace.
19. Appointment of ad hoc internal complaint committee –where the
defendant employed in a workplace or organization holds a senior
position as head of the workplace or is the employer or is the person in
charge of the workplace concerned, the appropriate Government shall
appoint a ad hoc committee headed by a chairperson who shall be
senior in rank and status to the defendant or provide the option to the
complainant to lodge the complaint with the local complaint committee.
20. Oral Complaints to be reduced in Writing: - It shall be duty of the
Authority / person before whom an oral complaint is made under this
Act to reduce the said complaint in writing and read out the complaint
to the complainant in the language requested by the complainant
and obtain the signature of the complainant.
21. Where Sexual Harassment amounts to criminal offence:- (1) Where
the conduct of Sexual Harassment amounts to a specific offence under
the Indian Penal Code(45 of 1860) or under any other law; it shall be
the duty of the appropriate authority / Member of the Committee / Local
Officer who receives such a complaint to immediately inform the
complainant of her Right to initiate action in accordance with law with
the appropriate authority, and to give advice and guidance regarding
the same.
Any such action or proceedings initiated shall be in addition to
proceedings initiated and /or any action taken under this Act.
(2) Irrespective of whether the complainant opts to initiate criminal
proceedings under the Indian Penal Code(45 of 1860) , the district
Officer / Member of the Committee and the Complaints Committees
shall be bound to initiate and conduct proceedings as laid out under this
Act.
CHAPTER VI
PROCEDURE IN DEALING WITH COMPLAINTS OF SEXUAL
HARASSMENT
22. Provisions relating to conducting of inquiry shall govern and
prevail the procedures of existing Acts, rules governing
procedures in dealing with misconduct - Notwithstanding anything
contained in any Act or Rules/regulations , for the time being in force,
governing the procedure to conduct inquiry into misconduct or
offence , the procedure prescribed under the provisions of this
chapter , in so far the procedure relates to conducting of an
inquiry into cases of sexual harassment , under this Act , shall
govern and supercede the existing procedures under any Act or
rule in force
23. Dispute Resolution prior to Enquiry:-
(1) After a complaint of Sexual Harassment has been made, the aggrieved
woman may request the Internal Complaints Committee or the Local
Complaints Committee to resolve the matter by conciliating between the
parties before the commencement of the enquiry proceedings referred
to in Section ---. The person to carry out the Dispute Resolution
Process shall be chosen from the Internal Complaints Committee or the
Local Complaints Committee by the aggrieved woman.
(2) Any settlement brought about by such Dispute Resolution must be
mutually acceptable to both the aggrieved woman and defendant.
(3) Where any settlement between the aggrieved woman and defendant,
as per sub-section (2) is reached, the Internal Complaints Committee or
the Local Complaints Committee will record the Dispute Resolution
process and the settlement reached and send it to the employer, who
shall implement the terms of the settlement, to the extent required
therein. A copy of the same will be furnished to the aggrieved woman
and the defendant.
(4). Notwithstanding what is stated in Sub-Section (2) and (3) above, the
aggrieved woman shall have the Right to withdraw from any Dispute
Resolution process undertaken under this Section, or to challenge any
settlement on the ground that her consent for the settlement was
obtained by force, fraud, coercion or undue influence or on the ground
that the terms of settlement have been breached;
(5). Any Dispute Resolution carried out by the Internal Complaints
Committee or the Local Complaints committee under this Section shall
be completed within a period of one week from the date of the receipt
of the complaint.
(6). Where no mutually agreeable settlement can be reached during such
above-mentioned Dispute Resolution process, the Internal Complaints
Committee or the Local Complaints Committee shall proceed to conduct
the enquiry as per the procedure prescribed
24. Conducting of Enquiry (1) Where no Dispute Resolution process
referred to in Section 23 has been requested by the aggrieved woman,
or if requested and carried out, has not been successful, The Internal
Complaints Committee or the Local Complaints Committee as the case
may be, shall within a period of two weeks of its receipt of the
complaint or the conclusion of the dispute resolution process , proceed
to conduct an enquiry into the allegation of Sexual Harassment, in
accordance with the procedure prescribed under the act
25. Procedure to be followed by the internal complaints committee or
the local complaints committee in conducting of enquiry - (1)
where it is proposed to hold an inquiry against the defendant , the
internal complaints committee or the local complaints
Committee shall draw up on behalf of the Disciplinary or other
competent Authority, a formal charge sheet containing definite
and distinct articles of charge, which shall include :-
(i) A statement of the imputations of misconduct or misbehavior in
support of each article of charge, which shall contain(
ii) A statement of all relevant facts including any admission or
confession made by the defendant
(iii) A list of documents by which, and a list of witnesses by whom, the
articles of charge are proposed to be sustained.
(2) The committee shall deliver or cause to be delivered to the
defendant, the charge sheet and shall require the defendant to submit ,
within such time as may be specified , a written statement of his
defence and state and if no written statement is submitted by the
defendant , the committee may proceed with the inquiry
(3) If the complainant or the defendant desires to examine any witnesses
they shall submit in writing to the Convenor of the Committee the
names of witnesses whom they propose to so examine. If the
complainant or defendant desires to tender any documents by way of
evidence before the Committee, they shall furnish such documents to
the Committee with copies of the same for the defendant / complainant
to whom the Committee shall hand over the said copies. All documents
tendered to the Committee shall be taken on record by it and given an
exhibit number
(4) The evidence of the employer / establishment and its witnesses firstly
and thereafter of the complainant and her witnesses shall be recorded.
After the person / witness has deposed, the complainant and defendant
may give in writing to the Committee the questions he / she wishes to
pose to the person / witness/ complainant and the committee shall then
pose these questions to the person witness/ complainant, subject to
the rules of evidence given in Section ---. After the completion of the
evidence and examinations of these persons has been completed, the
evidence of the defendant and his witnesses shall be recorded and after
each one deposes, the employer / complainant may give in writing to
the Committee the questions she / he wishes to pose to the witness/
defendant and the committee shall then pose these questions to the
witness/ defendant, subject to the rules of evidence given in Section ---
Sufficient opportunities shall be given to examine all witnesses notified
by both parties.
(5) All proceedings of the Enquiry Committee will be recorded and the
same together with the statement of witnesses shall be endorsed by the
complainant defendant in token of authencity thereof. The refusal to
endorse the same by either party shall be endorsed by the
convenor. All parties involved in the process are at liberty to place on
record any objections or observations As well as the Defendant, the
Complainant shall be furnished with a copy of the enquiry proceedings
at the end of each proceeding.
(6) Both the complainant and the defendant shall have the Right to be
represented in any proceedings under this Act by any person of their
choice in any enquiry conducted as per the Act
(7) At the commencement of the enquiry the Committee shall explain to
both the complainant and defendant the procedure which will be
followed in the enquiry.
(8) The enquiry shall be conducted in Hindi, English or the local language,
whichever is requested by the defendant and / or complainant;
(9) The Committee shall ensure that every reasonable opportunity is
extended to the complainant and to the defendant, for putting forward
and defending their case.
(10) The venue of the enquiry should as far as practicable, be as per the
convenience of the complainant.
26. Rules of Evidence before Complaints Committee:- (1)
Notwithstanding anything contained in this Act or rules , in conducting
an Enquiry under this Act, an Enquiry Committee may give directions
relating to procedure that, in its opinion, will enable delay to be reduced
and will help to achieve a prompt hearing in a manner which is
appropriate to the matters at issue between the parties.
(2). In particular, in conducting such an enquiry, the Enquiry
Committee :
(i). shall be sensitive to the covert, private and insidious nature of
Sexual Harassment and shall take into account that often the
aggrieved woman may not be able to lead direct or corroborative
evidence.
(ii) Shall not permit any evidence or examination based on the
aggrieved woman’s character, personal life, and conduct,
personal and sexual history.
(iii). shall take note of the respective socio-economic positions of the
parties, their hierarchy in the respective organization / workplace,
the employer-employee equations and other power differences
while appreciating the evidence.
(iv). shall, inform the alleged victim of Sexual Harassment, that she
may give her evidence in writing provided that she makes herself
available for examination by the defendant on the same, unless
the alleged victim of Sexual Harassment opts to give her
evidence orally;
(v). may disallow any questions desired to be put by the defendant to
the aggrieved woman which it feels are derogatory, irrelevant or
slanderous to her.
(vi). shall inform the alleged victim of Sexual Harassment, that she
may give her answers to questions of a sensitive nature in
writing immediately in the enquiry proceedings during cross
examination.
27. Power of inquiry Committee to enforce attendance of witnesses
and production of documents.
(i) Every inquiry Committee shall have the same powers as are vested
in a civil court under the Code of Civil Procedure, 1908, while trying a
suit, in respect of the following matters, namely:-
(ii) The summoning and enforcing the attendance of any witness and
examining him on oath;
(iii) Requiring the discovery and production of any document or other
material which is producible as evidence;
(iv) The requisitioning of any public or official record from any office.
(v) Every process issued by inquiry Committee for the attendance of
any witness or for the production of any document shall be served
and executed through the District Judge within the local limits of
whose jurisdiction the witness or other person, on whom the process
is to be served or executed, voluntarily resides or carries on business
or personally works for gain, and, for the purpose of taking any
action for the disobedience of any such process, every such process
shall be deemed to be a process issued by the District Judge.
(vi) Territorial limits in which powers specified In may be
exercised. For the purpose of exercising the powers specified
above the territorial jurisdiction of every inquiry authority shall
extend to the limits of the territory to which this Act extends.
28. Power to Issue Interim Orders:- (1) The Committee shall have the
power to issue appropriate Interim orders directing the employer, on the
demand of either the complainant or any witness giving evidence in her
support, to implement such measures as transfer, changing shifts etc.
of either the complainant, witness or defendant, granting of leave to the
complainant, so as to protect the complainant and witnesses against
victimization and discrimination and mental or physical distress and
may issue such other interim orders as may be deemed necessary to
ensure the safety of the complainant/supporter/witness.
29. Where an enquiry is held by a Local Complaints Committee, the
employer of the complainant shall pay to her and any other employee
who deposes on her behalf travel allowance and wages for the days
attended before the Committee.
30. Enquiry to be completed within 90 days:- Notwithstanding anything
contained in any law for the time being in force an enquiry under this
chapter shall be completed, including the submission of the Enquiry
Report, within a period of 90 days from the date on which the enquiry is
commenced. Any delay in completion shall be done for reasons given in
writing.
31. Findings and Directions: (1) On the completion of an enquiry under
this Act by an Internal Complaints Committee or a Local Complaints
Committee, the said Committee may by a detailed and reasoned
order:
(a) Dismiss the complaint which was subject of the Inquiry.
(b) Find the complaints proven on a balance of probabilities and give a
finding to that effect.
(b) Recommend to the employer that any punishment be imposed upon the
defendant, commensurate with the gravity of the offence of which he
has been found guilty of and in accordance with the Act rules/standing
orders applicable to the workplace
(c) The Committee may recommend that the defendant give a written
apology to the aggrieved woman clearly indicating that such behavior
will not be repeated and that no retaliatory steps will be taken by
him/others on his behalf.
(d). Further, if a Internal or the Local Complaints Committee finds a
defendant guilty of the Sexual Harassment complained of, the
Complaints Committee may recommend that the defendant pay
compensation to the aggrieved woman, commensurate with the gravity
of the act of Sexual Harassment and the salary/wages of the defendant.
Any such compensation shall be deducted by the employer from the
wages of the defendant, in such instalments as the Committee deems
fit, and paid over to the aggrieved woman. Depending on the
defendant’s ability to pay, a lump sum payment of compensation may
be ordered.
(e) Provided that where there are no service rules/ standing orders
governing discipline , misconduct and the procedures for imposing
penalties, in a workplace , the committee may in addition to
unconditional apology or damages as in sub clause © and (d)
recommend any of the following punishments having regard to the
gravity of misconduct be imposed on the defendant
(i) Censure
(ii) Termination from service
32. Action to Be Taken After Enquiry: (1) The internal complaint
committee or the local complaints committee shall be deemed to be
the inquiring authority appointed by the disciplinary or other
competent authority for the purpose of inquiring into the complaints
and the report of the Enquiry Committee shall be deemed to be an
inquiry report under the All India services (conduct)Rules 1968 ,
Central Civil Services (Conduct) Rules 1964 , Railway services
(conduct)rules 1966, the Indian foreign services (conduct and disciple )
rules 1961, The Industrial Employment (Standing Order) Act , 1946 , the
Standing Orders of the establishment / Model Standing Orders under
the Industrial Employment (Standing Order )Act , 1946 or any other
Act or rules enabling the conduct of an enquiry into misconduct as the
case may be. However, the employer / relevant authority shall
act upon the findings and recommendations in the report and implement
the same. If the employer / relevant authority disagrees with or wishes
to modify the same, he / she may do so by stating the reasons in
writing.
(2) The disciplinary or other competent authority shall however only take
such action after giving both the complainant and defendant an
opportunity to make an oral representation (and written if they so
chose) on the findings of the enquiry report , which representation shall
be made within 2 weeks of their respective receipt of the copy of the
report.
(3) The disciplinary or other competent authority shall within a period of 3
months from the date of the receipt of the representation, pass a
reasoned order.
(4) In cases where the procedure in dealing with offences governing
members of the Armed and paramilitary forces, the competent authority
shall on receipt of the enquiry report take action as per the prescribed
procedure in the relevant Act/Rules.
(5). No person accused of an act of Sexual Harassment under this Act shall
be part of the decision making process referred to in this section.
33. Delay in Filing the Complaint:-
A complaint relating to sexual harassment shall ordinarily be
preferred within one month from the date of the alleged offence and
the delay if any , in preferring such complaint may be condoned
provided that the complainant submits sufficient cause for such
delay
Any perceived delay in filing a complaint under this Act, by itself,
shall not be a relevant factor in deciding the veracity of the
complaint or in appreciating evidence presented.
34. Appeals, etc - (1). The provisions relating to appeals, revision and
review as per the existing Acts, rules or regulations governing
misconduct or offence as applicable to a workplace, shall mutadis
mutandis apply to the provision of appeals under this chapter.
35. Confidentiality:- (1). It shall be the duty of all the persons and
authorities designated under this Act to ensure that all complaints
lodged under this chapter shall be confidential. After the initiation of an
enquiry under this Act such confidentiality shall be continued so far as is
possible.
(2). The name of the aggrieved woman or the defendant nor their
identity shall be revealed by the press / media or any other persons
whilst reporting any proceedings, case, order or Judgment under this
Act.
36. Complainant/Witnesses/Supporters not be penalized:- If a
complaint of Sexual Harassment is dismissed by a Complaints
Committee under this Act, no action whatsoever (including the recovery
of any costs involved in investigating / enquiring into the complaint) may
be taken in regard to the same against the
complainant/witnesses/supporters by the employer.
37. Prohibition against Victimisation
(1) No person shall be victimized for anything said or done in relation to
any complaints or proceeding under this Act.
(2) A person victimizes another person if the person subjects the other
person or threatens to subject the other person to any detriment in
connection with employment or recruitment or promotion because such
person:
(i) Has brought proceedings under this Act against any person.
(ii) The other person associates with the complainant.
(iii) Has given evidence or information or produced a document, in
connection with any proceedings under this Act.
(iv) Has otherwise done anything in accordance with this Act in relation to any
person.
(v) Has alleged that any person has contravened a provision of this act
Explanation: In determining whether a person victimizes another person it is
irrelevant
(a) Whether or not a factor in the above sub section is the only or dominant
reason for the treatment or threatened treatment as long as it is a substantial
reason
(b) Whether the person acts alone or in association with any other person.
(3). A person shall not request, instruct, induce, encourage, authorize or
assist another person to contravene a provision of Sub section (2).
37. No court fees payable:- Where an aggrieved woman institutes any suit
or legal proceedings in a civil court in respect of an act of Sexual
Harassment which is unlawful under this Act, no court fees will be
payable by the woman.
38. Penalty for non – compliance with the provisions of the Act - (i)
save as provided, Where a person/employer incharge of workplace
contravenes any of the provisions of, or fails to carry out any of its
duties under this Act, then any person concerned with that workplace
may directly file a case against the employer/management of the
workplace, praying for relief including a direction to the employer/ in
charge of workplace to comply with the provisions of the Act, in a civil
court, which may pass such orders as deemed fit and as prescribed
under section 7 of the Act
(ii). Any person concerned with the workplace may also lodge a
complaint in this regard against the employer incharge of a workplace
with the district officer who may after serving a show-cause direct the
establishment to comply with the provisions of the Act, and impose a
fine of a minimum of Rs.10,000/- for its non-compliance with the Act.
(iii) The appropriate government may either suo – moto or when
brought to its notice, take such action as deemed fit against the
management/employer of a workplace for its failure to comply with the
provisions of the Act
39 Power to make rules:- The Central Government may, by notification in
the Official Gazette, make rules for carrying out the provisions of this
Act.
40. To address the issue of Sexual Harassment the following acts as
mentioned in Schedule III shall stand amended.
SCHEDULE I
ILLUSTRATIVE LIST OF WORLPLACE
a. Bar Council” means the Bar Council of India or the State Bar
Council Constituted under the Advocates Act ,1961
b. Council of Architects “ means the Council as constituted under the
Architects Act , 1972.
c. Council of Chartered Accountants ” means the Council of the
Institute of Chartered Accountants Constituted under the
Chartered Accountants Act ,1949.
d. Courts” include The Supreme Court of India, The High Courts of
the respective States, the Consumer Courts, Labour Courts and
Industrial Courts and Tribunals and any other court or tribunal as
by law constituted.
e. Educational Institution” means a school, college, university as by
law established and includes any private coaching class,
angaanwadi, creche or any other institution or establishment at
which education or training is provided
f. Medical Council of India” Means the Medical Council constituted
under the Medical Council of India Act, 1956.
g. Parliament” means Parliament as defined in Article 79 of the
Constitution of India
h. state Legislature” means State Legislature as defined in Article
168 of the Constitution of India
i. "Juvenile Home” would include a Children’s home , an
Observation home and a Special home as defined under
section 34, 8 and 9 of the Juvenile Justice (care and protection of
children) Act 2000.
j. Mental Health Centre “ includes Psychiatric Hospital as defined in
Section 2(q) of the Mental health Act , 1987 and all observation
wards ,day care centre , inpatient treatment in general hospitals ,
ambulatory treatment facilities and other facilities , convalescent
homes and half – way homes for mentally ill persons.
k. prison” means any jail , sub jail , camp or place , open or semi
open , used permanently or temporarily under the general or
special orders of the government for the detention and
reformation of prisoners and includes all lands and buildings
appurtenant / as defined in sec 3(1) of the Prisons Act 1894.
l. Police Lock Ups” means a place of detention for the purposes of
detaining a person in the lawful custody of the Police under
any Law for the time being in force.
m. An industrial establishment;
n. banking or financial institution;
o. restaurant, club, hotel, resort or other hospitality establishment;
p. hospital, nursing home;
q. any government, semi government, establishment or department
Including telegraph office, post office, telephone exchange,
railways, statutory board etc., including any governmental
scheme instituted for profit or otherwise;
r. Any office of elected representatives, and institutions of
local Government such as Municipalities, and Municipal
Corporations and Panchayats.
s. free trade zone or a special economic zone;
t. A non-governmental organization, a public or charitable
trust
u. a religious body, trust or institutions, a co-operative
housing society
v. An association;
w. Any form of transportation whether by road, sea or air;
x. A factory, mine, plantation or forest;
y. A place of sale of agricultural or other products;
z. A brick kiln or a construction site;
aa. A shop, business establishment, a corporation, or a private
office;
bb. An office or establishments of a professional and/or
consultants etc
cc. An establishment wherein persons are employed for
exhibition
dd. Any Society, trust or any other organization not covered
above
SCHEDULE II
LIST OF EMPLOYMENTS IN THE UNORGANISED SECTOR
1. AGRICULTURE
a. agriculture
b. agricultural machinery handling
c. small scale farming
2. CONSTRUCTION
a. construction work
b. brick-kiln work
c. building and road maintenance
d. carpentry
e. construction of tents and pandals, supply of utensils and decorations for
functions
f. quarry work
g. welding
h. stone crushing
i. minor minerals and mines work
j. sand mining
3. HANDLOOMS & POWERLOOMS, DYEING
a. handloom weaving of cotton and silk
b. powerloom weaving
c. cloth printing
d. bleaching & dyeing
e. ginning
4. FISH
a. fishing
b. fish selling
c. fishery production
d. fish processing
5. POULTRY & ANIMAL HUSBANDRY
a. animal husbandry
b. dairying and allied activities
c. shepherding
6. TEA, COFFEE, RUBBER, CASHEW, PLANTATION, PROCESSING,
HORTICULUTURE, SERICULTURE
a. cashew processing
b. gardening and parks maintenance
c. horticulture and flori culture
d. plantation (other than those covered under Plantations Labour Act,
1951 (Act of 1951)
e. sericulture (silk rearing)
7. FORESTS & ALLIED ACTIVITES
a. forestry operation
b. honey gathering
c. minor forest produce gathering
d. tendu leaves collection
8. TREE CLIMBING, COIR
a. coir processing / manufacture
b. toddy tapping
c. coconut peeling
d. tree climbing
9. HOME BASED WORK
a. agarbatti making
b. beads making / piercing
c. beedi & cigar manufacture
d. bindi work
e. coaching service
f. envelope & file making
g. masala making
h. matches manufacture
i. pappad making
j. pickle making
10. VENDORS
a. hawking and vending
b. newspaper vending
c. panwallaha service
11. HANDICRAFTS
a. blacksmith
b. goldsmith
c. pottery
d. artist
e. sculpture
f. cane / reed work
g. carpet weaving
h. chikan work
i. hand embroidery work
j. floral work and garland making
12. SERVICES (TRADITIONAL & MODERN)
a. beautician
b. hair dressing
c. health service
d. rag picking
e. scavenging
f. shoe shining work
g. sweeping
h. laundry work
i. child care
j. cook
k. security service
l. band playing
m. cable TV operation
n. folk arts
o. video & photography
p. sound & light service
13. SHOPS & ESTABLISHMENTS
a. shops & establishment service
b. catering
c. clubs and canteens service
d. coaching service
e. computer and information technology related services
f. courier service
g. data entry operation
h. distribution of petroleum products
i. electronic and electrical goods repairs
j. health services
k. hotel and restaurant services
l. ngo services
m. packing and packaging
n. petrol bunk / pump and allied service
o. security service
p. telephone booth service
q. jute products
r. band playing
s. cable TV operation
t. folk arts
u. video & photography
v. sound & light service
14. TRANSPORT & ALLIED
a. transport services (driving, conducting, cleaning etc)
b. auto rickshaw
c. bicycle repair
d. boat / ferry operation
e. bullock / camel – cart operation
f. rickshaw pulling
g. service station work
h. wayside mechanics and workshop services
i. automobile work
15. SALT PANS
a. salt pan work
b. loading & unloading
16. SMALL SCALE & COTTAGE INDUSTRIES
a. arrack and liquor production and vending
b. bakery work
c. bangles manufacture
d. bindi work
e. brush making
f. breweries, distilleries
g. bulb manufacture
h. carpet weaving
i. electroplating
j. envelope making
k. fire work / crackers production
l. flour mills operation
m. foundry
n. Garment manufacture
o. glassware manufacturing
p. lock making
q. masala making
r. matches manufacture
s. papped making
t. pickle making
u. plastic manufacture
v. printing press work
w. rice mills, oil mills, dhal mills
x. sawmill work
y. soap manufacture
z. sports goods manufacture
aa. steel vessels and utensils manufacture
ab. timber industry (furniture manufacturing saw mills)
ac. toy making
ad. butchery
ae. welding
af. engineering work
ag. tin containers
ah. sago
ai. nib making
aj. tanning (including hides and skill production), leather goods
manufacture
ak. footwear production
17. DOMESTIC
a. gardening,
b. baby sitting,
c. cook
d. cleaning & washing
e. care of the sick & aged
18. LOADING UNLOADING GOODS SHEDS, YARDS MARKETS ETC
a. headload work
b. cleaning
c. stacking
19. TAILORING
SCHEDULE III
1. The following item shall be added as Item 17 to The Fifth Schedule, Part I, and as Item -
- to The ----- Schedule, Part I of the Industrial Disputes Act, 1947:
“to, in any manner whatsoever, sexually harass a female employee “
The following item shall be added as Item 18 to The Fifth Schedule, Part I, of the Industrial
Disputes Act, 1947:
“To dismiss, discharge or in any way adversely alter the service conditions of a female
employee, (or any fellow employee who stands as a witness in this regard), on account of
her making or having made an allegation of sexual harassment, or to fail to carry out any
duties cast under the Protection Against Sexual Harassment of Women Bill, 2005”.
2. The following item shall be added as Item 11 to Schedule IV and as Item --- to Schedule
III of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour
Practices Act, 1971.
“to, in any manner whatsoever, sexually harass a female employee “
The following item shall be added as Item 12 to Schedule IV of the Maharashtra
Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971.
“To dismiss, discharge or in any way adversely alter the service conditions of a female
employee, (or any fellow employee who stands as a witness in this regard), on account of
her making or having made an allegation of sexual harassment, or to fail to carry out any
duties cast under the Protection Against Sexual Harassment of Women Bill, 2005
3. The following Item shall be added into
Item 9 of the Schedule in The Industrial Employment (Standing Order) Act 1946
“Note: Any complaints of Sexual Harassment shall also be included as misconduct “
The Following Item shall be added (L) to Rule 14(3) of the Industrial Employment
(Standing Orders) Central Rules , 1946.
“In any manner whatsoever sexually harasses a female employed in the establishment”
4. The following Item shall be added as Section 6(c) to The Advocates Act 1961.
“ Note : all cases of Sexual Harassment shall also fall under the definition of Misconduct”
The following Item shall be added as Section 7(b) to The Advocates Act 1961.
“Note: Prohibition of Sexual harassment shall also fall under the definition of Professional
Conduct”
The following Item shall be added as Section 35(1) B to The Advocates Act 1961.
Note : All complaints of Sexual Harassment shall also be included in the definition of
Professional Misconduct”
5. The following item shall be added as Section 33(o) to The Indian Medical Council of
India Act, 1956.
“Protection against Sexual Harassment ”.
The following item shall be added as Section 20A (3) to the Indian Medical Council of India
Act , 1956.
“Any form of Sexual Harassment shall also be included in this definition “.
The following shall be added as explanation to Section 7(4) of The Indian Medical Council
(Professional Conduct Etiquette and Ethics) Regulations, 2002
“Explanation: any form of Sexual harassment shall be to be an improper Conduct”
6. The following shall be added to Section 22(3) of the Architects Act 1972.
“Prohibition of Sexual harassment shall also be included under the definition of
Professional Conduct and Code of Ethics”
The following shall be added to Section 45(2)(i) of the Architects Act 1972.
“Any form of Sexual Harassment shall also be included under the definition of Professional
conduct and code of Ethics”
The following shall be added as Section 2(1)(xxvi) of the Architects (Professional
Conduct) Regulations , 1989
“Not Sexually harass any person in the course of providing services “.
7. The following item shall be added as Item 13 to the part I of Schedule I of the Chartered
Accountants Act 1949.
“In any manner whatsoever, sexually harasses a client”.
The following item shall be added as Item (d) to the part II of Schedule I of the Chartered
Accountants Act 1949.
“In any manner whatsoever, sexually harasses a client”.
Provisions relating to Army ACT, Navy Act , Air force ACT AND OTHER Acts
Rules governing para military forces would require the necessary
amendments
General comments
Title: - it was decided that in stead of the title as suggested by the
Lawyers collective, "THE SEXUAL HARASSMENT OF WOMEN AT
WORK PLACE (PREVENTION, PROHIBITION AND REDRESSAL)
BILL, 2006" would be a better title. Even during the national
conference, a suggestion was made to confine the ambit of the Bill to
'workplace'. The Ministry of Urban Development, and the Department of
official language have also suggested the same.
b) It was decided that wherever the word "establishment" occurs the same
would be replaced with "workplace".
c) the definition of employer should include an additional provision as
suggested "In any other case, the person who is in a position of
authority whether supervisory, evaluatory, pecuniary or fiduciary
including the owner or trustee of an educational institution or any
professional body, society, trust, etc providing any services" as in sec
2(g)(iv) of NCW draft.
d) The definition of sexual harassment as proposed by the lawyers
collective was proper and it was decided that the term “hostile
environment” be added as an explanation to the definition.
e) Misconduct was redefined to include within its ambit the armed and
paramilitary forces.
f) In stead of the term "establishment" an exhaustive definition of
workplace has been incorporated inclusive of schedule I
g) Besides the definition of contractual services, services has also been
defined
h) The local officer has been now referred to as the DISTRICT OFFICER
i) Section 12 of the LC Draft prescribes for duty of establishment to
constitute ICC - the above section makes it mandatory for
establishments having 50 or more employees to constitute a ICC
,there may be a number of establishments like call centers having
less than 50 employees and mostly constituting women , who may
not be covered . Secondly having an ICC at each branch or office may
also not be practically feasible. Ministry of urban development has
suggested that the section be recast. Department of economic affairs
has also raised the objection that there would be some confusion in
cases of establishment such as Mints and presses, which have their
branches in other states and whether such branches would have a ICC
or be governed by LCC Therefore it is proposed to recast these
sections as mentioned in section 8 of NCW DRAFT.
j) it was felt that the powers of the court should include the power to
impose fine/penalty of not less than 000/- on any workplace
which has failed to constitute an internal complaints committee or opted
to have been governed by the local complaints committee or failed to
initiate action within a reasonable time on the complaint referred to it
alleging sexual harassment or failed to comply with any orders passed
by the district officer under this Act.
k) It was agreed that as r
From India, Delhi
do visit the website of National commision for women
http://ncw.nic.in <link updated to site home>
b) i have encl the workplace harassment act in pdf n text format (for those who have a slow internet connection)
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6. THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE
(PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2006
Preamble
A Bill conferring upon Women the Right to Protection against Sexual
Harassment and to protect the Right to Livelihood and towards that end
for the prevention and redressal of Sexual Harassment of Women.
Whereas Sexual Harassment infringes the Fundamental Right of a woman to
gender equality under Article 14 of the Constitution of India and her Right to
life and live with dignity under Article 21 of the Constitution which includes a
Right to a safe environment free from Sexual Harassment.
And Whereas the Right to protection from Sexual Harassment and the Right
to work with dignity are recognized as universal human rights by international
conventions and instruments such as Convention on the Elimination of all
Forms of Discrimination against Women (CEDAW), which has been ratified
by the Government of India.
And Whereas the Supreme Court in Vishakha vs. State of Rajasthan
[1997(7) SCC.323] has formulated guidelines to address Sexual Harassment
until a suitable legislation is enacted in this respect.
Be it enacted by Parliament in the __________ year of the Republic of India
as follows:
PRELIMINARY
1. Short title, extent and commencement: - (1) This Act may be called
THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE
(PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2006
(2) It extends to the whole of India except the State of Jammu & Kashmir.
(3) It shall come into force with immediate effect.
2. Definitions: - In this Act, unless the context otherwise requires: -
(a) “Aggrieved Woman /Women” means any female person/persons,
whether major or minor, who alleges that she/they have been
subjected to sexual harassment
(b) “Appropriate Government” means:
(i) In relation to any department of the Central Government or any
establishment or undertaking wholly or substantially financed by
that government or such other bodies or corporations established
by or under the control of the Central Government, the Central
Government;
(ii) In relation to any department of a state government or any
establishment or undertaking wholly or substantially financed by that
government or any local authority or any establishment or undertaking
established by or under the control of the State Government, the State
Government;
(iii) In relation to the industries specified in Section 2(a) of the
Industrial Disputes Act, 1947, the term ‘appropriate government’
shall have the same meaning as assigned under the Act.
(c) “Contractual Services” would mean any contract for service
whereby one part undertakes to render services to or for another in
the performance of which he/she is not subject to detailed
direction and control but exercises professional or technical skill
and uses his/her own knowledge and discretion
Illustration of contractual services
(i) People performing a service of acting, singing, and painting or like
services.
(ii) Services of a consultant for an establishment.
(d) “Defendant” means a person against whom an allegation of sexual
harassment is made under this Act.
(e) “District officer” means an officer appointed under section 11 of the
Act
(f) “Employee” means a person employed for any work directly, or by or
through any agency (including a contractor), with or without the
knowledge of the principal employer, whether for remuneration or not,
or working on a voluntary basis or otherwise , whether the terms of
employment are express or implied, and any person employed as a
temporary, casual, badli, piece-rated or contract worker, probationer,
trainee, apprentice or by any other name called; and includes a
domestic servant employed in a house or dwelling place
(g) “Employer” means:
(i). In relation to an undertaking or department which is carried on by or
under the authority of the Central Government, or a State Government,
the authority prescribed in this behalf, or, where no authority is
prescribed, the head of the department / undertaking;
(ii). In relation to an workplace under any local body/authority, the
authority prescribed in this behalf, or, where no person is so
prescribed, the Chief Executive Officer;
(iii). In any workplace not covered under (i) and (ii) hereinabove, the person
who, or the authority which, whether called a Manager, Managing
Director, President, Managing Agent, contractor or by any other name,
is responsible for the ultimate supervision and control of the affairs of
the workplace, in which the employee is employed, and in respect of a
contract employee includes the Principal Employer of the workplace in
which the employee is working, as well as the contractor;
(iv) In any other case, the person who is in a position of authority whether
supervisory, evaluatory, pecuniary or fiduciary including the owner or
trustee of an educational institution or any professional body,
society, trust, etc providing any services.
(h) “Internal Complaints Committee” means a committee constituted by
the persons in charge of the establishments under Chapter III of
this Act.
(i) “List of Third Parties” means the list of persons drawn up by the
district Officer under this Act, consisting of persons from various fields
who have worked for / in the field of women’s rights, including women’s
rights activists; social workers; activists from NGOs; counselors;
lawyers; doctors; psychiatrists; trade unionists; representatives of
peasant and agricultural organizations and journalists etc.
(j) “Local Complaints Committee” means a Committee constituted
under Chapter III of this Act,
(k) “Misconduct” means misconduct as defined in the All India services
(conduct)Rules 1968 rules , Central Civil Services (Conduct) Rules
1964 , Railway services (conduct)rules 1966, the Indian foreign services
(conduct and disciple ) rules 1961, The Industrial Employment
(Standing Order) Act , 1946 , the Advocates Act 1961, the Indian
Medical Council Act 1956 , The Chartered Accountants Act 1949 , The
Architects Act 1972 , or in any other laws rules , regulations for the time
being in force governing misconduct .
Provided further that sexual harassment shall amount to an offence
under the Air Force Act 1950, the Army Act 1950 and other laws
governing conduct and disciple in the armed and paramilitary forces
which prescribe for offences
(l) Proceedings” means any proceedings carried out by any
authority prescribed or persons authorized under this Act.
(m) “Sexual Harassment” is such unwelcome sexually determined
behavior such as physical contact, advances, sexually coloured
remarks, showing pornography or making sexual demands, whether
verbal, textual, graphic or electronic or by any other actions, which may
contain -.
(i) Implied or overt promise of preferential treatment in that employee’s
employment or
(ii) An implied or overt threat of detrimental treatment in that employee’
employment or an implied or overt threat about the present or future
employment status of that employee
and includes the creation of a hostile Working environment.
(iii) The conduct interferes with an employee's work or creates an
intimidating, hostile or offensive work environment or
(iv) Such conduct can be humiliating and may constitute a health and
safety problem
Explanation1: Hostile Environment: A work environment is “hostile”
when unwelcome verbal, non-verbal or physical behaviour
focusing on sexuality is severe and pervasive enough to interfere
with the victim’s work performance or be intimidating or offensive
to a reasonable person.
Explanation2 : It is clarified that it is the reasonable perception of the
woman that would be relevant in determining whether any conduct was
sexually coloured and, if so, whether such conduct was unwelcome or
not and that her objection would disadvantage her in connection with
her employment, including recruitment or promotion, or when it creates
a hostile working environment.
(n) “Services” means service of any description irrespective of whether it is
provided for any consideration or not which is made available to
potential users and includes the provision of facilities in connection
with banking, financing, insurance, transport, processing, supply
of electrical and other energy, boarding, housing or lodging,
entertainment, sporting activities, amusement, the purveying of news of
other information or the the rendering of any service by a professional
/professional body or under a contract of personal service;
(o) “Unorganized Sector” means all private unincorporated enterprises
including own account enterprises engaged in any agriculture,
industry, trade and/or business and includes sectors as mentioned
in schedule II
(p) ‘Unorganized Sector Worker” means a person who works for wages
or income; directly or through any agency or contractor; or who works
on his own or her own account or is self employed; in any place
of work including his or her home, field or any public place
(q) “Workplace” means
(i) Any department / organization, establishment or undertaking wholly
or substantially controlled by the Central Government or the
State Government or local or other authority under the control of
the central or the state government
(ii) Any venture, business, organisation or institution or department carrying
on systematic activity by co-operation for the production, supply or
distribution of goods and/or services irrespective of whether it is an
“industry” within the meaning of section 2 (j) of the Industrial
Disputes Act, 1947 or whether it is performing any inalienable sovereign
function and irrespective of whether the goods and/or services are
provided for any remuneration or not and
(iii) Includes any place where an aggrieved woman or defendant or
both is/are employed or work/s, or visits in connection with work
during the course of or arising out of employment, and
(iv) Such other statutory and/or professional bodies, contractual and
other services and
(v) Includes but is not limited to the illustrations in Schedule I.
CHAPTER II
PROHIBITION AGAINST SEXUAL HARASSMENT
3. Right to work in a free environment - Every woman shall have a
Right to be free from Sexual Harassment and the Right to work in
an environment free from any form of Sexual Harassment.
4. Prohibition against sexual harassment - (i) No employer or any
person who is a part of the management or ownership, or a supervisor
or a co-employee shall, sexually harass a female employee at the
workplace, where she is employed or is seeking employment; whether
the harassment occurs in / at the workplace, or at a place where the
said person has gone in connection with the work or at any other
workplace.
(ii) Sexual Harassment will amount to misconduct in employment
under all relevant Conduct and Service Rules and Regulations, the
service rules / regulations governing employment and workplace shall
govern such misconduct and the said Rules/Regulations shall stand
amended accordingly.
(iii) Sexual harassment shall amount to an offence under the Air
Force Act 1950, the Army Act 1950 and other laws governing conduct
and discipline in the armed and paramilitary forces which prescribe for
offences.
(iv) No employer or any person who is a part of the management or
ownership, a supervisor or an employee shall sexually harass a woman
who, for whatsoever reason is present in / at the workplace of the said
persons, or who comes into contact with the employer, supervisor or
employee in connection with her work or the work of the said persons.
(v). Every employer or management of the workplace shall take all
necessary and reasonable steps to prevent and ensure that no woman
employed in the establishment is subject to Sexual Harassment by any
third party during the course of employment. Where any such Sexual
Harassment occurs, the employer shall take all necessary steps to
assist the aggrieved woman to redress the act of Sexual harassment.
5. Prohibition against sexual harassment in other cases – in cases
where an employer-employee relationship does not exist – it shall be
the duty of the head of the professional body or institution to ensure that
- No student or any person seeking admission to any such
institution/professional body or a client is subjected to sexual
harassment
- take all necessary and reasonable steps to prevent and ensure
that no woman is subject to Sexual Harassment by any person
Where any such Sexual Harassment occurs, the said professional
body shall take all necessary steps to assist the aggrieved woman
to redress the act of Sexual harassment.
6. Without prejudice to the rights and remedies available under any other
law for the time being in force and in addition thereto, an aggrieved
woman shall have the Right to claim compensation from the defendant
for any Sexual Harassment to which she may have been subjected to ,
in an appropriate Court of law.
7. In any claim under the preceding clause, the appropriate Court or forum,
upon satisfaction that the defendant has committed Sexual Harassment,
shall in addition to any order as may be deemed fit in the
circumstances of the case award appropriate just and reasonable
compensation to the person aggrieved. In determining the quantum of
compensation, the Court shall take into account the following factors:
(a) The mental trauma, pain, suffering and emotional distress caused to the
person aggrieved.
(b) The loss in career opportunities due to this particular incident.
(c) Medical expenses incurred by the victim for physical or psychiatric help.
(d) The income and financial status of the defendant.
(Explanation: in any action under section 7, the aggrieved woman may
submit an authorized or certified report of the Internal Complaints Committee
or the Local Complaints Committee, and if that records a finding that sexual
harassment did take place, and that report has become final, the Court or
forum shall proceed to award compensation without requiring the person
aggrieved to establish her claim of Sexual Harassment.
Provided further that the court may for reasons impose a fine of not less than
000/- on any workplace which has failed to constitute an internal
complaints committee or opted to have been governed by the local
complaints committee or failed to initiate action within a reasonable time on
the complaint referred to it alleging sexual harassment or failed to comply
with any orders passed by the district officer under this Act
-------------------------
CHAPTER III
AUTHORITIES UNDER THIS ACT
8. Duty of the workplace to Constitute Internal Complaints
Committees :- (1) It shall be mandatory for every workplace and every
employer incharge of a work place to constitute an Internal
Complaints Committee as prescribed under this Act.
(2) Notwithstanding anything in sub section(1), In cases where it is not
practically feasible to constitute the Internal complaints Committees at
the workplace or at each of the branch or office of the workplace ,
wherever they be located, the employer shall constitute such internal
complaints committee either at its head office or at any of the branch
offices, for dealing with cases of sexual harassment, in respect of its
workplace and in cases where internal complaints committee cannot
be constituted then, the provisions prescribed in Section 11,12 and
13 of this Act, i.e. local complaints committee, dealing with cases of
sexual harassment , shall govern such employer and employees of the
workplace.
Provided that, where, the district officer or the appropriate
government, is of the opinion that any workplace should constitute
an Internal Complaints Committee in that establishment, the
appropriate government or the District officer as the case may be shall
direct the employer incharge of that workplace to do so.
9. Constitution of Internal Complaints Committee: -
(a) The Internal Complaints Committee shall consist of not less than
three members.
(b) The Committee shall be headed by a woman, who shall be its
chairperson.
(c) There shall be at least one person selected from the list of third
parties.
(d). Not less than half of its members shall be women. Where
sufficient number of women employees are not available, then,
the committee may be filled up from amongst the list of third
parties.
(e). All members of the Complaints Committee, whether internal or
third parties should be neutral and unbiased.
(f). If a member of the Complaints Committee is junior in the
hierarchy of the establishment concerned to the defendant, then
for that particular case, that member shall be substituted on
the Committee by another person.
(g). An Internal Complaints Committee constituted under Section 13
shall be appointed for a period of three years, after which a new
Committee shall be appointed, Provided that the previous
Committee or individual members of the previous Committee may
be reappointed, but not for more than two terms.
(h) A member appointed to the internal complaints committee from
the list of third parties , shall be paid Traveling Allowance, at such
rates as may be prescribed by the concerned workplace, for each
day on which he/she is required to attend to the proceedings of
the committee
10. In any workplace where an Internal Complaints Committee has not
been set up or where no action has been taken on the complaint of the
aggrieved woman, the aggrieved woman may approach the appropriate
government or the concerned District officer, who may direct the
employer incharge of that workplace to constitute a Internal complaints
committee and take action as per the procedure prescribed under the
Act
11. Appointment of District Officer for every District:- (1) The
appropriate Government shall nominate the District Magistrate or
the Collector or the Addl. District Magistrate or Deputy Collector as
the” District Officer for every district to deal with complaints arising out
of provisions of this Act
(2) The District Officer may take assistance of any officer or department of
the state government, including the Assistant Labour Commissioner, to
assist him in discharging the functions under the Act and may nominate
any officer at the block level, to assist him in the discharge of the
functions under the Act
(3) Every district officer shall draw up or cause to be drawn a list of a Third
Parties as enumerated in Section 2 (i) at each District and block level
12. Constitution of Local Complaints Committee:-
(1). It shall be the responsibility of the District Officer under this Act, to
constitute a Local Complaints Committee, at the district level. Provided
further that a Local Complaints Committee may be constituted at each
block level.
(2) The Committee shall consist of at least four persons, comprising of :-
(a) A woman who shall be its Chairperson, selected from amongst persons
of ability, integrity and standing, and shall have adequate knowledge or
experience of or have shown capacity in dealing with issues relating to
women
(b) One representative from any non-governmental or voluntary
organization in the district working for the cause of empowerment of
women to be selected from the List of Third Parties
(c) Two other members, who are representatives selected from Employers
Association operating in the Industries mentioned under Schedule I & II
or an Employees’ Representative, selected from a trade union or other
workers organization functioning in the district concerned
(3) A Local Complaints Committee constituted under this section shall be
appointed for a period of three years, after which a new Committee
shall be appointed. Provided that the previous Committee or individual
members of the previous Committee may be reappointed, but not for
more than two terms.
(4). The members of the Local Complaints Committee shall be paid from the
fund of the Local Complaints Committee, a traveling allowance, at such
rates as may be prescribed, for each day on which they are required to
attend the office from which the Committee functions or travel anywhere
else in connection with the work of the Committee.
13. Jurisdiction of the Local Complaints Committee:
Subject to the other provisions of this Act, the local complaints
committee shall have the jurisdiction to entertain and inquire into
complaints of sexual harassment made by or on behalf of any woman
in and/or against any person/defendant residing within the jurisdiction
of the concerned district in -
a. Any workplace where an internal complaints committee ought to have
been established but has not been so established or Where an Internal
Complaints Committee should have been set up by an employer under
the provisions of this Act, but has not been set up, an aggrieved
woman employed by the said employer may lodge a complaint of
sexual harassment with the district Officer or the local complaints
committee Or
b. Where the district Officer has reason to believe that a number of
women in an establishment are being subjected to sexual harassment,
but that due to grave danger or fear of repercussions, they are not in a
position to file a complaint or give a written consent for the filing of a
complaint regarding the same, the Local Officer may act suo moto in
the matter and proceed as if a complaint regarding the same had been
filed before her. or
c. Any educational institution where internal complaints committee has
not been established or
d. Any workplace where the complainant is not covered under the
employer-employee relationship.
e. Any statutory and professional authority or body or association of
professionals where services are provided to a client and where
internal complaints committee has not been set up
f. Any unorganised sector as specified in schedule II
g. Any services or workplace not covered above
h. In cases where the allegation of sexual harassment is against the
employer of the aggrieved woman, or against the person in charge of
the establishment concerned, she may lodge the complaint with the District
Officer if she so chooses;
Provided that, where, the district officer is of the opinion that any
workplace in a sector that falls under Schedule I & II of this Act, should
constitute an Internal Complaints Committee in that establishment, the
District officer may direct that workplace to do so.
CHAPTER IV
DUTIES OF AUTHORITIES UNDER THIS ACT
14. General duties of a Workplace - (1) Every of a workplace shall:
(a). Ensure a safe environment free from Sexual Harassment including
prevention and deterrence of Sexual Harassment and as far as
practicable constitute an internal complaints or opt to be governed in
accordance with the provisions of the Act
Provided further that every workplace shall –
i) Lay down a clear policy on dealing with cases of sexual
harassment and constitute a internal complaints committee or
choose to be governed by the local complaints committee
ii) Designate as far as practicable at each branch or office an officer
or any member of the committee to receive complaints
(b). Undertake workshops and training programmes at regular intervals for
sensitizing the members
(c) Prominently display notices in various places in the establishment
spreading awareness about the issue of “Sexual Harassment at the
Workplace” and giving information about the redressal mechanism that
has been put in place and encouraging people to file their grievances.
(d) Facilitate initiation of proceedings under this Act if an act/s of sexual
harassment has been brought to his/her notice.
(f) Prepare and prominently display a policy for the prevention and
prohibition of Sexual Harassment.
(g). After a complaint under this Act has been made and pending its
prosecution under this Act, not alter to the prejudice of the
Complainant/Supporter/Witness concerned, the conditions of service of
the Complainant/Supporter/Witness prevailing immediately prior to the
complaint being lodged as a consequence to the filling and prosecuting
of a complaint under this Act,.
(h). In establishments where an Internal Complaints Committee has been
set up, bear the expenses of the committee members incurred in
relation to a complaint such as travel allowance.
(2. It shall be the duty of the appropriate government to ensure that
the workplace under their administrative or supervisory control have
taken all reasonable measures to comply with the duties cast upon
the workplace under this Act.
15. Duties of the Internal Complaints Committee,:- It shall be the duty of
Internal Complaints Committees constituted under this Act, to
promote and facilitate measures taken in the establishment concerned
for the prevention of Sexual Harassment in that establishment and for
Sensitization regarding the same, and to carry out an enquiry into
complaints of Sexual Harassment referred to it or brought to its notice.
16. Duties of District Officers: - (1) It shall be the duty of the district
Officer to draw up a list of the List of Third Parties and constitute a
Local Complaints Committee at the district level and if so considered
necessary at each block level
(2) Ensure that wide publicity is given regarding the provisions of the Act
as well as to constitution/composition of the local complaints committee
(3) Direct any workplace within his jurisdiction to constitute an internal
complaints committee either at its branch or head office
(4) It shall be the duty of all Local Complaints Committees constituted
under this Act, to promote and facilitate measures for the prevention of
Sexual Harassment and for sensitization regarding the same, and
conduct an enquiry into misconduct in workplace as per the jurisdiction
conferred under this Act
CHAPTER V
PROCEDURE FOR LODGING A COMPLAINT
17. Who May File A Complaint:- (1) A complaint may be lodged before
any authority or person under this Act by:
(i) An aggrieved woman
(ii) In case of death of the aggrieved woman, her legal heir or
representative;
(iii) In case of more than one aggrieved woman, all or any one or more of
them on behalf of herself and others,
Or
(iv). with the authorization/written consent on behalf of persons covered by
clauses (i) (ii) and (iii) above:
(a) A registered trade union;
(b) A women’s organization or a non-governmental organization;
(c) A co-employee
May file the complaint on behalf of the complainant in so far it relates
to initiating the action under the provisions of this Act
18. Place where a complaint may be preferred : - (1) In an workplace
where an Internal Complaints Committee has been set up, a complaint
under this Act may be lodged with any member of the Committee or any
person designated to receive complaints
(2) If the aggrieved woman alleges that she has been subject to an act of
sexual harassment at another branch or office to which she has been
deputed, or has visited in connection with her work, a complaint in this
regard can be filed either with the Internal Complaints Committee in her
regular branch or office or with the Internal Complaints Committee in
the branch or office in which the act of Sexual Harassment allegedly
took place. However any enquiry or proceedings pursuant to the same
shall be conducted at the workplace where the defendant is
employed.
(3) save as provided otherwise, a Complaint under this Act may be lodged
with the District officer or the local complaints committee provided
that:
(i). In cases where the allegation of Sexual Harassment is against the
employer of the aggrieved woman, or against the person in charge of
the workplace concerned, she may lodge the complaint with the
district Officer if she so chooses;
(ii). Where an Internal Complaints Committee should have been set up by
an employer under the provisions of this Act, but has not been set up,
an aggrieved woman employed by the said employer may lodge a
complaint of Sexual Harassment with the district Officer or the local
complaints committee
(iii). Where the district Officer has reason to believe that a number of women
in an workplace are being subjected to Sexual Harassment, but that
due to grave danger or fear of repercussions, they are not in a position
to file a complaint or give a written consent for the filing of a complaint
regarding the same, the district Officer may act suo moto in the matter
and proceed as if a complaint regarding the same had been filed before
district officer
(4). The Committee so constituted shall sit within the local proximity of the
Complainant’s workplace.
19. Appointment of ad hoc internal complaint committee –where the
defendant employed in a workplace or organization holds a senior
position as head of the workplace or is the employer or is the person in
charge of the workplace concerned, the appropriate Government shall
appoint a ad hoc committee headed by a chairperson who shall be
senior in rank and status to the defendant or provide the option to the
complainant to lodge the complaint with the local complaint committee.
20. Oral Complaints to be reduced in Writing: - It shall be duty of the
Authority / person before whom an oral complaint is made under this
Act to reduce the said complaint in writing and read out the complaint
to the complainant in the language requested by the complainant
and obtain the signature of the complainant.
21. Where Sexual Harassment amounts to criminal offence:- (1) Where
the conduct of Sexual Harassment amounts to a specific offence under
the Indian Penal Code(45 of 1860) or under any other law; it shall be
the duty of the appropriate authority / Member of the Committee / Local
Officer who receives such a complaint to immediately inform the
complainant of her Right to initiate action in accordance with law with
the appropriate authority, and to give advice and guidance regarding
the same.
Any such action or proceedings initiated shall be in addition to
proceedings initiated and /or any action taken under this Act.
(2) Irrespective of whether the complainant opts to initiate criminal
proceedings under the Indian Penal Code(45 of 1860) , the district
Officer / Member of the Committee and the Complaints Committees
shall be bound to initiate and conduct proceedings as laid out under this
Act.
CHAPTER VI
PROCEDURE IN DEALING WITH COMPLAINTS OF SEXUAL
HARASSMENT
22. Provisions relating to conducting of inquiry shall govern and
prevail the procedures of existing Acts, rules governing
procedures in dealing with misconduct - Notwithstanding anything
contained in any Act or Rules/regulations , for the time being in force,
governing the procedure to conduct inquiry into misconduct or
offence , the procedure prescribed under the provisions of this
chapter , in so far the procedure relates to conducting of an
inquiry into cases of sexual harassment , under this Act , shall
govern and supercede the existing procedures under any Act or
rule in force
23. Dispute Resolution prior to Enquiry:-
(1) After a complaint of Sexual Harassment has been made, the aggrieved
woman may request the Internal Complaints Committee or the Local
Complaints Committee to resolve the matter by conciliating between the
parties before the commencement of the enquiry proceedings referred
to in Section ---. The person to carry out the Dispute Resolution
Process shall be chosen from the Internal Complaints Committee or the
Local Complaints Committee by the aggrieved woman.
(2) Any settlement brought about by such Dispute Resolution must be
mutually acceptable to both the aggrieved woman and defendant.
(3) Where any settlement between the aggrieved woman and defendant,
as per sub-section (2) is reached, the Internal Complaints Committee or
the Local Complaints Committee will record the Dispute Resolution
process and the settlement reached and send it to the employer, who
shall implement the terms of the settlement, to the extent required
therein. A copy of the same will be furnished to the aggrieved woman
and the defendant.
(4). Notwithstanding what is stated in Sub-Section (2) and (3) above, the
aggrieved woman shall have the Right to withdraw from any Dispute
Resolution process undertaken under this Section, or to challenge any
settlement on the ground that her consent for the settlement was
obtained by force, fraud, coercion or undue influence or on the ground
that the terms of settlement have been breached;
(5). Any Dispute Resolution carried out by the Internal Complaints
Committee or the Local Complaints committee under this Section shall
be completed within a period of one week from the date of the receipt
of the complaint.
(6). Where no mutually agreeable settlement can be reached during such
above-mentioned Dispute Resolution process, the Internal Complaints
Committee or the Local Complaints Committee shall proceed to conduct
the enquiry as per the procedure prescribed
24. Conducting of Enquiry (1) Where no Dispute Resolution process
referred to in Section 23 has been requested by the aggrieved woman,
or if requested and carried out, has not been successful, The Internal
Complaints Committee or the Local Complaints Committee as the case
may be, shall within a period of two weeks of its receipt of the
complaint or the conclusion of the dispute resolution process , proceed
to conduct an enquiry into the allegation of Sexual Harassment, in
accordance with the procedure prescribed under the act
25. Procedure to be followed by the internal complaints committee or
the local complaints committee in conducting of enquiry - (1)
where it is proposed to hold an inquiry against the defendant , the
internal complaints committee or the local complaints
Committee shall draw up on behalf of the Disciplinary or other
competent Authority, a formal charge sheet containing definite
and distinct articles of charge, which shall include :-
(i) A statement of the imputations of misconduct or misbehavior in
support of each article of charge, which shall contain(
ii) A statement of all relevant facts including any admission or
confession made by the defendant
(iii) A list of documents by which, and a list of witnesses by whom, the
articles of charge are proposed to be sustained.
(2) The committee shall deliver or cause to be delivered to the
defendant, the charge sheet and shall require the defendant to submit ,
within such time as may be specified , a written statement of his
defence and state and if no written statement is submitted by the
defendant , the committee may proceed with the inquiry
(3) If the complainant or the defendant desires to examine any witnesses
they shall submit in writing to the Convenor of the Committee the
names of witnesses whom they propose to so examine. If the
complainant or defendant desires to tender any documents by way of
evidence before the Committee, they shall furnish such documents to
the Committee with copies of the same for the defendant / complainant
to whom the Committee shall hand over the said copies. All documents
tendered to the Committee shall be taken on record by it and given an
exhibit number
(4) The evidence of the employer / establishment and its witnesses firstly
and thereafter of the complainant and her witnesses shall be recorded.
After the person / witness has deposed, the complainant and defendant
may give in writing to the Committee the questions he / she wishes to
pose to the person / witness/ complainant and the committee shall then
pose these questions to the person witness/ complainant, subject to
the rules of evidence given in Section ---. After the completion of the
evidence and examinations of these persons has been completed, the
evidence of the defendant and his witnesses shall be recorded and after
each one deposes, the employer / complainant may give in writing to
the Committee the questions she / he wishes to pose to the witness/
defendant and the committee shall then pose these questions to the
witness/ defendant, subject to the rules of evidence given in Section ---
Sufficient opportunities shall be given to examine all witnesses notified
by both parties.
(5) All proceedings of the Enquiry Committee will be recorded and the
same together with the statement of witnesses shall be endorsed by the
complainant defendant in token of authencity thereof. The refusal to
endorse the same by either party shall be endorsed by the
convenor. All parties involved in the process are at liberty to place on
record any objections or observations As well as the Defendant, the
Complainant shall be furnished with a copy of the enquiry proceedings
at the end of each proceeding.
(6) Both the complainant and the defendant shall have the Right to be
represented in any proceedings under this Act by any person of their
choice in any enquiry conducted as per the Act
(7) At the commencement of the enquiry the Committee shall explain to
both the complainant and defendant the procedure which will be
followed in the enquiry.
(8) The enquiry shall be conducted in Hindi, English or the local language,
whichever is requested by the defendant and / or complainant;
(9) The Committee shall ensure that every reasonable opportunity is
extended to the complainant and to the defendant, for putting forward
and defending their case.
(10) The venue of the enquiry should as far as practicable, be as per the
convenience of the complainant.
26. Rules of Evidence before Complaints Committee:- (1)
Notwithstanding anything contained in this Act or rules , in conducting
an Enquiry under this Act, an Enquiry Committee may give directions
relating to procedure that, in its opinion, will enable delay to be reduced
and will help to achieve a prompt hearing in a manner which is
appropriate to the matters at issue between the parties.
(2). In particular, in conducting such an enquiry, the Enquiry
Committee :
(i). shall be sensitive to the covert, private and insidious nature of
Sexual Harassment and shall take into account that often the
aggrieved woman may not be able to lead direct or corroborative
evidence.
(ii) Shall not permit any evidence or examination based on the
aggrieved woman’s character, personal life, and conduct,
personal and sexual history.
(iii). shall take note of the respective socio-economic positions of the
parties, their hierarchy in the respective organization / workplace,
the employer-employee equations and other power differences
while appreciating the evidence.
(iv). shall, inform the alleged victim of Sexual Harassment, that she
may give her evidence in writing provided that she makes herself
available for examination by the defendant on the same, unless
the alleged victim of Sexual Harassment opts to give her
evidence orally;
(v). may disallow any questions desired to be put by the defendant to
the aggrieved woman which it feels are derogatory, irrelevant or
slanderous to her.
(vi). shall inform the alleged victim of Sexual Harassment, that she
may give her answers to questions of a sensitive nature in
writing immediately in the enquiry proceedings during cross
examination.
27. Power of inquiry Committee to enforce attendance of witnesses
and production of documents.
(i) Every inquiry Committee shall have the same powers as are vested
in a civil court under the Code of Civil Procedure, 1908, while trying a
suit, in respect of the following matters, namely:-
(ii) The summoning and enforcing the attendance of any witness and
examining him on oath;
(iii) Requiring the discovery and production of any document or other
material which is producible as evidence;
(iv) The requisitioning of any public or official record from any office.
(v) Every process issued by inquiry Committee for the attendance of
any witness or for the production of any document shall be served
and executed through the District Judge within the local limits of
whose jurisdiction the witness or other person, on whom the process
is to be served or executed, voluntarily resides or carries on business
or personally works for gain, and, for the purpose of taking any
action for the disobedience of any such process, every such process
shall be deemed to be a process issued by the District Judge.
(vi) Territorial limits in which powers specified In may be
exercised. For the purpose of exercising the powers specified
above the territorial jurisdiction of every inquiry authority shall
extend to the limits of the territory to which this Act extends.
28. Power to Issue Interim Orders:- (1) The Committee shall have the
power to issue appropriate Interim orders directing the employer, on the
demand of either the complainant or any witness giving evidence in her
support, to implement such measures as transfer, changing shifts etc.
of either the complainant, witness or defendant, granting of leave to the
complainant, so as to protect the complainant and witnesses against
victimization and discrimination and mental or physical distress and
may issue such other interim orders as may be deemed necessary to
ensure the safety of the complainant/supporter/witness.
29. Where an enquiry is held by a Local Complaints Committee, the
employer of the complainant shall pay to her and any other employee
who deposes on her behalf travel allowance and wages for the days
attended before the Committee.
30. Enquiry to be completed within 90 days:- Notwithstanding anything
contained in any law for the time being in force an enquiry under this
chapter shall be completed, including the submission of the Enquiry
Report, within a period of 90 days from the date on which the enquiry is
commenced. Any delay in completion shall be done for reasons given in
writing.
31. Findings and Directions: (1) On the completion of an enquiry under
this Act by an Internal Complaints Committee or a Local Complaints
Committee, the said Committee may by a detailed and reasoned
order:
(a) Dismiss the complaint which was subject of the Inquiry.
(b) Find the complaints proven on a balance of probabilities and give a
finding to that effect.
(b) Recommend to the employer that any punishment be imposed upon the
defendant, commensurate with the gravity of the offence of which he
has been found guilty of and in accordance with the Act rules/standing
orders applicable to the workplace
(c) The Committee may recommend that the defendant give a written
apology to the aggrieved woman clearly indicating that such behavior
will not be repeated and that no retaliatory steps will be taken by
him/others on his behalf.
(d). Further, if a Internal or the Local Complaints Committee finds a
defendant guilty of the Sexual Harassment complained of, the
Complaints Committee may recommend that the defendant pay
compensation to the aggrieved woman, commensurate with the gravity
of the act of Sexual Harassment and the salary/wages of the defendant.
Any such compensation shall be deducted by the employer from the
wages of the defendant, in such instalments as the Committee deems
fit, and paid over to the aggrieved woman. Depending on the
defendant’s ability to pay, a lump sum payment of compensation may
be ordered.
(e) Provided that where there are no service rules/ standing orders
governing discipline , misconduct and the procedures for imposing
penalties, in a workplace , the committee may in addition to
unconditional apology or damages as in sub clause © and (d)
recommend any of the following punishments having regard to the
gravity of misconduct be imposed on the defendant
(i) Censure
(ii) Termination from service
32. Action to Be Taken After Enquiry: (1) The internal complaint
committee or the local complaints committee shall be deemed to be
the inquiring authority appointed by the disciplinary or other
competent authority for the purpose of inquiring into the complaints
and the report of the Enquiry Committee shall be deemed to be an
inquiry report under the All India services (conduct)Rules 1968 ,
Central Civil Services (Conduct) Rules 1964 , Railway services
(conduct)rules 1966, the Indian foreign services (conduct and disciple )
rules 1961, The Industrial Employment (Standing Order) Act , 1946 , the
Standing Orders of the establishment / Model Standing Orders under
the Industrial Employment (Standing Order )Act , 1946 or any other
Act or rules enabling the conduct of an enquiry into misconduct as the
case may be. However, the employer / relevant authority shall
act upon the findings and recommendations in the report and implement
the same. If the employer / relevant authority disagrees with or wishes
to modify the same, he / she may do so by stating the reasons in
writing.
(2) The disciplinary or other competent authority shall however only take
such action after giving both the complainant and defendant an
opportunity to make an oral representation (and written if they so
chose) on the findings of the enquiry report , which representation shall
be made within 2 weeks of their respective receipt of the copy of the
report.
(3) The disciplinary or other competent authority shall within a period of 3
months from the date of the receipt of the representation, pass a
reasoned order.
(4) In cases where the procedure in dealing with offences governing
members of the Armed and paramilitary forces, the competent authority
shall on receipt of the enquiry report take action as per the prescribed
procedure in the relevant Act/Rules.
(5). No person accused of an act of Sexual Harassment under this Act shall
be part of the decision making process referred to in this section.
33. Delay in Filing the Complaint:-
A complaint relating to sexual harassment shall ordinarily be
preferred within one month from the date of the alleged offence and
the delay if any , in preferring such complaint may be condoned
provided that the complainant submits sufficient cause for such
delay
Any perceived delay in filing a complaint under this Act, by itself,
shall not be a relevant factor in deciding the veracity of the
complaint or in appreciating evidence presented.
34. Appeals, etc - (1). The provisions relating to appeals, revision and
review as per the existing Acts, rules or regulations governing
misconduct or offence as applicable to a workplace, shall mutadis
mutandis apply to the provision of appeals under this chapter.
35. Confidentiality:- (1). It shall be the duty of all the persons and
authorities designated under this Act to ensure that all complaints
lodged under this chapter shall be confidential. After the initiation of an
enquiry under this Act such confidentiality shall be continued so far as is
possible.
(2). The name of the aggrieved woman or the defendant nor their
identity shall be revealed by the press / media or any other persons
whilst reporting any proceedings, case, order or Judgment under this
Act.
36. Complainant/Witnesses/Supporters not be penalized:- If a
complaint of Sexual Harassment is dismissed by a Complaints
Committee under this Act, no action whatsoever (including the recovery
of any costs involved in investigating / enquiring into the complaint) may
be taken in regard to the same against the
complainant/witnesses/supporters by the employer.
37. Prohibition against Victimisation
(1) No person shall be victimized for anything said or done in relation to
any complaints or proceeding under this Act.
(2) A person victimizes another person if the person subjects the other
person or threatens to subject the other person to any detriment in
connection with employment or recruitment or promotion because such
person:
(i) Has brought proceedings under this Act against any person.
(ii) The other person associates with the complainant.
(iii) Has given evidence or information or produced a document, in
connection with any proceedings under this Act.
(iv) Has otherwise done anything in accordance with this Act in relation to any
person.
(v) Has alleged that any person has contravened a provision of this act
Explanation: In determining whether a person victimizes another person it is
irrelevant
(a) Whether or not a factor in the above sub section is the only or dominant
reason for the treatment or threatened treatment as long as it is a substantial
reason
(b) Whether the person acts alone or in association with any other person.
(3). A person shall not request, instruct, induce, encourage, authorize or
assist another person to contravene a provision of Sub section (2).
37. No court fees payable:- Where an aggrieved woman institutes any suit
or legal proceedings in a civil court in respect of an act of Sexual
Harassment which is unlawful under this Act, no court fees will be
payable by the woman.
38. Penalty for non – compliance with the provisions of the Act - (i)
save as provided, Where a person/employer incharge of workplace
contravenes any of the provisions of, or fails to carry out any of its
duties under this Act, then any person concerned with that workplace
may directly file a case against the employer/management of the
workplace, praying for relief including a direction to the employer/ in
charge of workplace to comply with the provisions of the Act, in a civil
court, which may pass such orders as deemed fit and as prescribed
under section 7 of the Act
(ii). Any person concerned with the workplace may also lodge a
complaint in this regard against the employer incharge of a workplace
with the district officer who may after serving a show-cause direct the
establishment to comply with the provisions of the Act, and impose a
fine of a minimum of Rs.10,000/- for its non-compliance with the Act.
(iii) The appropriate government may either suo – moto or when
brought to its notice, take such action as deemed fit against the
management/employer of a workplace for its failure to comply with the
provisions of the Act
39 Power to make rules:- The Central Government may, by notification in
the Official Gazette, make rules for carrying out the provisions of this
Act.
40. To address the issue of Sexual Harassment the following acts as
mentioned in Schedule III shall stand amended.
SCHEDULE I
ILLUSTRATIVE LIST OF WORLPLACE
a. Bar Council” means the Bar Council of India or the State Bar
Council Constituted under the Advocates Act ,1961
b. Council of Architects “ means the Council as constituted under the
Architects Act , 1972.
c. Council of Chartered Accountants ” means the Council of the
Institute of Chartered Accountants Constituted under the
Chartered Accountants Act ,1949.
d. Courts” include The Supreme Court of India, The High Courts of
the respective States, the Consumer Courts, Labour Courts and
Industrial Courts and Tribunals and any other court or tribunal as
by law constituted.
e. Educational Institution” means a school, college, university as by
law established and includes any private coaching class,
angaanwadi, creche or any other institution or establishment at
which education or training is provided
f. Medical Council of India” Means the Medical Council constituted
under the Medical Council of India Act, 1956.
g. Parliament” means Parliament as defined in Article 79 of the
Constitution of India
h. state Legislature” means State Legislature as defined in Article
168 of the Constitution of India
i. "Juvenile Home” would include a Children’s home , an
Observation home and a Special home as defined under
section 34, 8 and 9 of the Juvenile Justice (care and protection of
children) Act 2000.
j. Mental Health Centre “ includes Psychiatric Hospital as defined in
Section 2(q) of the Mental health Act , 1987 and all observation
wards ,day care centre , inpatient treatment in general hospitals ,
ambulatory treatment facilities and other facilities , convalescent
homes and half – way homes for mentally ill persons.
k. prison” means any jail , sub jail , camp or place , open or semi
open , used permanently or temporarily under the general or
special orders of the government for the detention and
reformation of prisoners and includes all lands and buildings
appurtenant / as defined in sec 3(1) of the Prisons Act 1894.
l. Police Lock Ups” means a place of detention for the purposes of
detaining a person in the lawful custody of the Police under
any Law for the time being in force.
m. An industrial establishment;
n. banking or financial institution;
o. restaurant, club, hotel, resort or other hospitality establishment;
p. hospital, nursing home;
q. any government, semi government, establishment or department
Including telegraph office, post office, telephone exchange,
railways, statutory board etc., including any governmental
scheme instituted for profit or otherwise;
r. Any office of elected representatives, and institutions of
local Government such as Municipalities, and Municipal
Corporations and Panchayats.
s. free trade zone or a special economic zone;
t. A non-governmental organization, a public or charitable
trust
u. a religious body, trust or institutions, a co-operative
housing society
v. An association;
w. Any form of transportation whether by road, sea or air;
x. A factory, mine, plantation or forest;
y. A place of sale of agricultural or other products;
z. A brick kiln or a construction site;
aa. A shop, business establishment, a corporation, or a private
office;
bb. An office or establishments of a professional and/or
consultants etc
cc. An establishment wherein persons are employed for
exhibition
dd. Any Society, trust or any other organization not covered
above
SCHEDULE II
LIST OF EMPLOYMENTS IN THE UNORGANISED SECTOR
1. AGRICULTURE
a. agriculture
b. agricultural machinery handling
c. small scale farming
2. CONSTRUCTION
a. construction work
b. brick-kiln work
c. building and road maintenance
d. carpentry
e. construction of tents and pandals, supply of utensils and decorations for
functions
f. quarry work
g. welding
h. stone crushing
i. minor minerals and mines work
j. sand mining
3. HANDLOOMS & POWERLOOMS, DYEING
a. handloom weaving of cotton and silk
b. powerloom weaving
c. cloth printing
d. bleaching & dyeing
e. ginning
4. FISH
a. fishing
b. fish selling
c. fishery production
d. fish processing
5. POULTRY & ANIMAL HUSBANDRY
a. animal husbandry
b. dairying and allied activities
c. shepherding
6. TEA, COFFEE, RUBBER, CASHEW, PLANTATION, PROCESSING,
HORTICULUTURE, SERICULTURE
a. cashew processing
b. gardening and parks maintenance
c. horticulture and flori culture
d. plantation (other than those covered under Plantations Labour Act,
1951 (Act of 1951)
e. sericulture (silk rearing)
7. FORESTS & ALLIED ACTIVITES
a. forestry operation
b. honey gathering
c. minor forest produce gathering
d. tendu leaves collection
8. TREE CLIMBING, COIR
a. coir processing / manufacture
b. toddy tapping
c. coconut peeling
d. tree climbing
9. HOME BASED WORK
a. agarbatti making
b. beads making / piercing
c. beedi & cigar manufacture
d. bindi work
e. coaching service
f. envelope & file making
g. masala making
h. matches manufacture
i. pappad making
j. pickle making
10. VENDORS
a. hawking and vending
b. newspaper vending
c. panwallaha service
11. HANDICRAFTS
a. blacksmith
b. goldsmith
c. pottery
d. artist
e. sculpture
f. cane / reed work
g. carpet weaving
h. chikan work
i. hand embroidery work
j. floral work and garland making
12. SERVICES (TRADITIONAL & MODERN)
a. beautician
b. hair dressing
c. health service
d. rag picking
e. scavenging
f. shoe shining work
g. sweeping
h. laundry work
i. child care
j. cook
k. security service
l. band playing
m. cable TV operation
n. folk arts
o. video & photography
p. sound & light service
13. SHOPS & ESTABLISHMENTS
a. shops & establishment service
b. catering
c. clubs and canteens service
d. coaching service
e. computer and information technology related services
f. courier service
g. data entry operation
h. distribution of petroleum products
i. electronic and electrical goods repairs
j. health services
k. hotel and restaurant services
l. ngo services
m. packing and packaging
n. petrol bunk / pump and allied service
o. security service
p. telephone booth service
q. jute products
r. band playing
s. cable TV operation
t. folk arts
u. video & photography
v. sound & light service
14. TRANSPORT & ALLIED
a. transport services (driving, conducting, cleaning etc)
b. auto rickshaw
c. bicycle repair
d. boat / ferry operation
e. bullock / camel – cart operation
f. rickshaw pulling
g. service station work
h. wayside mechanics and workshop services
i. automobile work
15. SALT PANS
a. salt pan work
b. loading & unloading
16. SMALL SCALE & COTTAGE INDUSTRIES
a. arrack and liquor production and vending
b. bakery work
c. bangles manufacture
d. bindi work
e. brush making
f. breweries, distilleries
g. bulb manufacture
h. carpet weaving
i. electroplating
j. envelope making
k. fire work / crackers production
l. flour mills operation
m. foundry
n. Garment manufacture
o. glassware manufacturing
p. lock making
q. masala making
r. matches manufacture
s. papped making
t. pickle making
u. plastic manufacture
v. printing press work
w. rice mills, oil mills, dhal mills
x. sawmill work
y. soap manufacture
z. sports goods manufacture
aa. steel vessels and utensils manufacture
ab. timber industry (furniture manufacturing saw mills)
ac. toy making
ad. butchery
ae. welding
af. engineering work
ag. tin containers
ah. sago
ai. nib making
aj. tanning (including hides and skill production), leather goods
manufacture
ak. footwear production
17. DOMESTIC
a. gardening,
b. baby sitting,
c. cook
d. cleaning & washing
e. care of the sick & aged
18. LOADING UNLOADING GOODS SHEDS, YARDS MARKETS ETC
a. headload work
b. cleaning
c. stacking
19. TAILORING
SCHEDULE III
1. The following item shall be added as Item 17 to The Fifth Schedule, Part I, and as Item -
- to The ----- Schedule, Part I of the Industrial Disputes Act, 1947:
“to, in any manner whatsoever, sexually harass a female employee “
The following item shall be added as Item 18 to The Fifth Schedule, Part I, of the Industrial
Disputes Act, 1947:
“To dismiss, discharge or in any way adversely alter the service conditions of a female
employee, (or any fellow employee who stands as a witness in this regard), on account of
her making or having made an allegation of sexual harassment, or to fail to carry out any
duties cast under the Protection Against Sexual Harassment of Women Bill, 2005”.
2. The following item shall be added as Item 11 to Schedule IV and as Item --- to Schedule
III of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour
Practices Act, 1971.
“to, in any manner whatsoever, sexually harass a female employee “
The following item shall be added as Item 12 to Schedule IV of the Maharashtra
Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971.
“To dismiss, discharge or in any way adversely alter the service conditions of a female
employee, (or any fellow employee who stands as a witness in this regard), on account of
her making or having made an allegation of sexual harassment, or to fail to carry out any
duties cast under the Protection Against Sexual Harassment of Women Bill, 2005
3. The following Item shall be added into
Item 9 of the Schedule in The Industrial Employment (Standing Order) Act 1946
“Note: Any complaints of Sexual Harassment shall also be included as misconduct “
The Following Item shall be added (L) to Rule 14(3) of the Industrial Employment
(Standing Orders) Central Rules , 1946.
“In any manner whatsoever sexually harasses a female employed in the establishment”
4. The following Item shall be added as Section 6(c) to The Advocates Act 1961.
“ Note : all cases of Sexual Harassment shall also fall under the definition of Misconduct”
The following Item shall be added as Section 7(b) to The Advocates Act 1961.
“Note: Prohibition of Sexual harassment shall also fall under the definition of Professional
Conduct”
The following Item shall be added as Section 35(1) B to The Advocates Act 1961.
Note : All complaints of Sexual Harassment shall also be included in the definition of
Professional Misconduct”
5. The following item shall be added as Section 33(o) to The Indian Medical Council of
India Act, 1956.
“Protection against Sexual Harassment ”.
The following item shall be added as Section 20A (3) to the Indian Medical Council of India
Act , 1956.
“Any form of Sexual Harassment shall also be included in this definition “.
The following shall be added as explanation to Section 7(4) of The Indian Medical Council
(Professional Conduct Etiquette and Ethics) Regulations, 2002
“Explanation: any form of Sexual harassment shall be to be an improper Conduct”
6. The following shall be added to Section 22(3) of the Architects Act 1972.
“Prohibition of Sexual harassment shall also be included under the definition of
Professional Conduct and Code of Ethics”
The following shall be added to Section 45(2)(i) of the Architects Act 1972.
“Any form of Sexual Harassment shall also be included under the definition of Professional
conduct and code of Ethics”
The following shall be added as Section 2(1)(xxvi) of the Architects (Professional
Conduct) Regulations , 1989
“Not Sexually harass any person in the course of providing services “.
7. The following item shall be added as Item 13 to the part I of Schedule I of the Chartered
Accountants Act 1949.
“In any manner whatsoever, sexually harasses a client”.
The following item shall be added as Item (d) to the part II of Schedule I of the Chartered
Accountants Act 1949.
“In any manner whatsoever, sexually harasses a client”.
Provisions relating to Army ACT, Navy Act , Air force ACT AND OTHER Acts
Rules governing para military forces would require the necessary
amendments
General comments
Title: - it was decided that in stead of the title as suggested by the
Lawyers collective, "THE SEXUAL HARASSMENT OF WOMEN AT
WORK PLACE (PREVENTION, PROHIBITION AND REDRESSAL)
BILL, 2006" would be a better title. Even during the national
conference, a suggestion was made to confine the ambit of the Bill to
'workplace'. The Ministry of Urban Development, and the Department of
official language have also suggested the same.
b) It was decided that wherever the word "establishment" occurs the same
would be replaced with "workplace".
c) the definition of employer should include an additional provision as
suggested "In any other case, the person who is in a position of
authority whether supervisory, evaluatory, pecuniary or fiduciary
including the owner or trustee of an educational institution or any
professional body, society, trust, etc providing any services" as in sec
2(g)(iv) of NCW draft.
d) The definition of sexual harassment as proposed by the lawyers
collective was proper and it was decided that the term “hostile
environment” be added as an explanation to the definition.
e) Misconduct was redefined to include within its ambit the armed and
paramilitary forces.
f) In stead of the term "establishment" an exhaustive definition of
workplace has been incorporated inclusive of schedule I
g) Besides the definition of contractual services, services has also been
defined
h) The local officer has been now referred to as the DISTRICT OFFICER
i) Section 12 of the LC Draft prescribes for duty of establishment to
constitute ICC - the above section makes it mandatory for
establishments having 50 or more employees to constitute a ICC
,there may be a number of establishments like call centers having
less than 50 employees and mostly constituting women , who may
not be covered . Secondly having an ICC at each branch or office may
also not be practically feasible. Ministry of urban development has
suggested that the section be recast. Department of economic affairs
has also raised the objection that there would be some confusion in
cases of establishment such as Mints and presses, which have their
branches in other states and whether such branches would have a ICC
or be governed by LCC Therefore it is proposed to recast these
sections as mentioned in section 8 of NCW DRAFT.
j) it was felt that the powers of the court should include the power to
impose fine/penalty of not less than 000/- on any workplace
which has failed to constitute an internal complaints committee or opted
to have been governed by the local complaints committee or failed to
initiate action within a reasonable time on the complaint referred to it
alleging sexual harassment or failed to comply with any orders passed
by the district officer under this Act.
k) It was agreed that as r
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