NATIONAL COMMISSION FOR WOMEN
Be it enacted by Parliament in the fifty fifth year of the Republic of
India as
follows:-
1.Short title extent and commencement
i.This Act may be called the Sexual Harassment of Women at
their Work Place(Prevention) Act, 2003.
ii.It extends to the whole of India.
iii.It shall come into force with immediate effect.
2.Definition: In this Act, unless the Context otherwise requires -
a."Appropriate Government" means in relation to the
Centrally owned undertakings or departments, the Central
Government and in relation to the other undertakings and
departments, the State Government.
b.Employer means:-
i.In relation to an establishment which is under control
of the Appropriate Government a person or authority
appointed by the Appropriate Government for the
supervision and control of employees or where no
person or authority is appointed the Head of the
Department.
ii.In relation to an establishment under any local
authority, the person appointed by such authority for
the supervision and control of employees or where no
person is so appointed the Chief Executive Officer;
iii.In any other case, the person who or the authority
which, has the ultimate control over the affairs of
establishment or house and where-such affairs are
entrusted to any other person whether called a
Manager, Managing Director, Managing Agent or by
any other name, such person;
c."Sexual Harassment" includes any avoidable sexual
advances either verbal or through gestures or through use of
sexually suggestive or pornographic material, and includes
amongst others; whistling, sexually slanting and obscene
remarks or jokes; comments about physical appearance;
demands for sexual favours; threats, innuendoes; avoidable
physical contacts, touching, patting, pinching; physical
assaults and molestation of and towards women workers by
their male colleagues, or any one who for the time being is in
a position to sexually harass the women.
d."Woman" means and includes a woman employed, whether
directly or through any agency, for wages or for similar other
considerations in any establishment, house or industry, or at
construction site, or a self employed women, and also
includes a student in an educational or other institution of
learning.
e."Work Place" means -
i.a factory;
ii.a mine;
iii.a plantation;
iv.an agricultural field;
v.a place of sale of agricultural or other products;
vi.a brick kiln;
vii.a construction site;
viii.a shop or business establishment;
ix.any private office or house including a farm house;
x.any Government, semi Government establishment or
department including telegraph office, post office,
telephone exchange etc;
xi.a hospital or nursing home;
xii.court premises, police stations; remand homes or
other judicial establishments;
xiii.restaurants, clubs, hotels; resorts or any other
hospitality establishments;
xiv.school, college, university or like institution;
xv.a training institution;
xvi.an establishment wherein persons are employed for
exhibition of equestrian, acrobatic, athletic and other
sports related performance;
xvii.any other place, where a woman visits in connection
with work;
3.Conduct of sexual harassment to amount to misconduct in
employment: Notwithstanding anything contained in any other law
for the time being in force, the conduct of sexual harassment would
amount to misconduct in employment.
4.Joint responsibility of employer in offence of sexual
harassment :Notwithstanding anything contained in other law for
the time being in force if an act of sexual harassment is committed
at a work place, the supervisor, manager and managing director or
the overall administrative head, shall also be joint responsibility for
the commission of sexual harassment in the establishment and
irrespective of the intention and prior meeting of minds; section 34 of
the IPC shall be made applicable in their case.
5.Women employees not to be harassed : No person being an
employer or manager or supervisor in charge of the
officer/organisation or a factory or establishment or any other work
place or any other employee or any other person shall indulge or
caused to be indulged in sexual harassment of women employees.
6.Punishment for sexual harassment
of women : Notwithstanding
anything contained in any other law for the time being in force
whoever sexually harasses a woman at work place shall be
punished with simple imprisonment for a term which may extend to
five years or wit fine which may extend to twenty thousand rupees or
both.
7.Burden of proof : Notwithstanding anything contained in any other
law for the time being in force the onus of proving the innocence
shall be on the accused and the victim shall have the right to lead
evidence in rebuttal.
8.Pleading in case of Harassed Women worker : Notwithstanding
anything contained in any other law for the time being in force the
case of a sexually harassed woman at a work place shall be
pleaded at her option either by herself or with her counsel or by a
women's organisation or the trade union of which she is a member.
9.Trial to be held in camera :At the option of the trial of an offence
committed under this Act shall be held in camera.
10.Criminal Proceedings :
i.Where the conduct of sexual harassment amounts to a
specific offence under the Indian Penal Code or under any
other law, the employer shall initiate action in accordance
with law by making a complaint with the appropriate authority
ensuring that the victims or witnesses are not victimized or
discriminated against while dealing with the complaints of
sexual harassment.
ii.The employers shall at the option of the victim, transfer of the
perpetrator or the victim from the place of posting.
iii.Notwithstanding anything contained in clauses (i) & (ii),
where the perpetrator of sexual harassment happens to be
the employer of the victim, the Complaint Committee shall at
the option of the victim transfer the perpetrator and ensure
that the victim or witnesses are not victimized or discriminate
against while dealing with the complaint of sexual
harassment.
11.Disciplinary Action : Where sexual harassment takes place at the
instance of or by the employer, the employer shall also initiate
appropriate disciplinary action in accordance with the rules relating
to misconduct.
12.Complaint Mechanism : The employer shall create an appropriate
complaint mechanism as stated in section 14, within organisation
for redressal of the complaint made by the victim. Such complaint
mechanism should ensure time bound treatment of complaints.
13.Complaint Committee :
i.A complaints committee shall be constituted consisting of
seven members headed by a woman and not less than half of
its members shall be women.
ii.It shall include at least three non-government organisation or
bodies familiar with the issue of sexual harassment.
iii.In case the establishment has a number of branches/offices
etc. each such place shall have a separate committee.
iv.The committee shall complete its report within a period of six
months from the date of receipt of the complaint of sexual
harassment from the victim.
v.The committee shall recommend appropriate punishment and
the employer shall implement the same.
vi.It shall make an annual report to the Government department
concerned, of the complaints and action taken by them.
14.Third party harassment : Where
sexual harassment occurs as a
result of an action or mission by any third party or outsider,
employer and person incharge will take all necessary and
reasonable steps to assist the affected person in terms of support
and preventive action.
15.Special Officers to deal with the cases in the government
office :
1.The appropriate government shall designate an female officer,
to be the Special Officer in every department or officer under
its jurisdiction to deal with cases arising out of this Act.
2.The Government shall widely publicize the designation and
duties of such Officer in every department or office.
3.The Special Officer so designated shall deal with complaints
lodged by female employees in her department or office or
establishment and shall forward it to the Complaint
Committee, constituted under section 14, and the Complaint
committee shall complete the report within six months from
the date of receiving such complaints.
16.District Level Officer for every district :
a.The appropriate government shall appoint a female District
Level Officer other than those covered under section 6 (1), for
every district to deal with cases arising out of provisions of
this Act within the jurisdiction of that district.
b.The District Level Officer specified in clause (i) shall be based
in Labour Department and shall look after the complaints of
sexual harassment at workplace by all women of the district
irrespective of whether they are employed in organised or
unorganised sector or are self employed.
17.District Level Officer to make inquiries : As soon as a complaint
has been lodged with the District Level Officer, she shall investigate
the matter and shall direct the concerned employer to forward it to
the Complaints Committee constituted under section 14 to future
inquire into the facts and circumstances of the complaint and send
a report to her in a time bound manner.
18.District Level Officer to ensure action against guilty : If after
inquiry, the District Level Officer receives a report against any
person guilty of violating the provisions of this Act, she shall -
a.in case the guilty is an employee of the Government, ensure
that disciplinary action is taken against him by appropriate
authority.
b.in case the guilty (harassed) is not employed in Government
service ensure that the employer or other person in charge of
the affairs of the organisation where harasser is employed
takes necessary action in accordance with the provisions of
this Act.
19.Duty of the Employer :
a.It shall be the duty of the employer to inform the Complaints
Committee and District Level Officer about the disciplinary
action initiated against the accused.
b.Where the employer himself is the accused the District level
officer shall be empowered to initiate the disciplinary action
against such employer in accordance with the service rules.
20.Non compliance of the report of District Level Officer : When
no action has been taken by the employer or the person in charge
or the affairs of the organisation where the accused is employed, on
a report by the District Level Officer.
i.in case it is an office or establishment under the control of
the appropriate Government, the appropriate Government
may terminate the services of both the accused person and
the person in charge of the office where the victim is working.
ii.in case the work place where the victim is employed is not
under the control of government, the facilities and
concessions extended to that organisation by the appropriate
government shall be withdrawn forthwith.
21.Power of the District Level Officer : A District Level Officer while
discharging her functions under the provisions of this Act shall have
the powers of a Civil Court and the proceedings thereof shall be in
accordance with the Code of Civil Procedure, 1908.
22.Workers initiative : Employees should be allowed to raise issues
of sexual harassment at worker's meeting and in other appropriate
forum, and it shall be affirmatively discussed in employer-employee
meetings.
23.Power to make rules : The Central Government may, by
notification in the Official Gazette, make rules for carrying out the
provisions of this Act.
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