THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSEMENT AT WORKPLACE BILL, 2007

A

BILL

to provide for prevention and redressal of sexual harassment of women at workplace and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-

1. (1) This Act may be called the Protection of Women against Sexual Harassment at Workplace Act, 2007.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Short title, extent and commencement.

(a) "aggrieved woman" means any woman employee against whom any act of sexual harassment is alleged to have been committed;

(b) "appropriate Government" means in relation to a workplace which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly-

(c) "Chairperson" means the Chairperson of the Committee or of the District Committee, as the case may be;

(d) "Committee" means an Internal Complaints Committee constituted under section 4;

(e) "District Officer" means an officer appointed under section 5;

(f) "employee" means a person employed at a workplace for any work on regular, temporary, ad-hoc or daily wage basis, either directly or by or through an agent, 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 includes a domestic worker, a co-worker, a contract worker, probationer, trainee, apprentice or by any other name called;

(g) "employer" means:-

(h) "Local Committee" means the Local Complaints Committee constituted under section 6;

(i) "member" means a member of the Committee or of the Local Committee, as the case may be;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "respondent" means a person against whom a complaint has been made under section 7;

(l) "Workplace" means:-

(v) "Unorganized Sector" which shall come within the meaning of "workplace", means all private unincorporated enterprises including own account enterprises engaged in any agriculture, industry, trade and/or business and includes sectors as mentioned in the schedule, being illustrative.

3. No woman employee at a work place shall be subjected to sexual harassment including unwelcome sexually determined behavior, physical contact, advances, sexually coloured remarks, showing pornography, sexual demand, request for sexual favours or any other unwelcome conduct of sexual nature whether verbal, textual, physical, graphic or electronic or by any other actions, which may include, -

Prevention of sexual harassment at workplace.

Constitution of Internal Complaints Committee.

4. (1) For the purpose of this Act, every employer of a work place shall constitute, by an Office Order in writing, an Internal Complaints Committee.

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Committee shall be constituted at all administrative units or offices.

(2) The Committee shall consist of the following members namely:-

Provided that atleast fifty per cent of the members so nominated shall be women.

(3) The Chairperson and every member of the Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified.

(4) The Chairperson and members of the Committee shall be entitled to such allowances or remuneration as may be prescribed.

(5) Where the Chairperson or any member of the Committee contravenes the provisions of section 14, such Chairperson or member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh appointment in accordance with the provisions of this section.

5. The appropriate Government may appoint a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a District Officer for every District to carry out the functions under this Act.

Appointment of District Officer

6. (1) Where at a workplace, constitution of the Committee is not possible or practicable, or where the complaint is against the employer himself, the District Officer may, constitute at every Block, a Local Complaints Committee.

(2) The Local Committee shall consist of the following members:-

(3) The Chairperson and every member of the Local Committee shall hold office for such period, not exceeding three years, from the date of their appointment as may be specified.

(4) The Chairperson and Members of the Local Committee shall be entitled to such allowances or remuneration as may be prescribed.

(5) The jurisdiction of the Local Committee shall be limited to the area within the Block level where it is constituted.

(6) Where the Chairperson or any member of the Local Committee contravenes the provisions of section 14, such Chairperson or member, as the case may be, shall be removed from the Local Committee and the vacancy so created or any casual vacancy shall be filled by fresh appointment in accordance with the provisions of this section.

Constitution of Local Complaints Committee.

7. (1) An aggrieved woman may make a complaint of sexual harassment at workplace to the Committee or the Local Committee, as the case may be, in writing:

Provided that where such complaint cannot be made in writing, the Chairperson or any member of the Committee or the Local Committee, as the case may be, shall render all reasonable assistance to the woman making the complaint to reduce the same in writing.

(2) Where the aggrieved woman is not able to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

8. (1) At the request of the aggrieved woman the Committee or the Local Committee, as the case may be, may, before initiating enquiry under this Act, take steps to settle the matter between her and the respondent through conciliation.

(2) Where a settlement is arrived at under sub-section (1), the Committee or the Local Committee, as the case may be, shall record the settlement and recommend the employer not to take any action in the matter.

(3) The Committee or the Local Committee, as the case may be, shall provide the copies of the settlement recorded under sub-section (2) to the aggrieved woman and the respondent.

(4) Where a settlement is arrived at under sub-section (1), no further enquiry shall be conducted by the Committee or the Local Committee, as the case may be.

9. (1) Where conciliation under sub-section (1) of section 8 is not arrived at, the Committee or the Local Committee, as the case may be, shall, subject to the provisions of section 14, proceed to make enquiry into the complaint in such manner as may be prescribed:

Provided that where the aggrieved woman informs the Committee or the Local Committee, as the case may be, that any term or condition of the conciliation arrived at under sub-section (1) of section 8 has not been complied with by the respondent, the Committee or the Local Committee shall also proceed to make inquiry into the complaint.

(2) The Committee or the Local Committee, as the case may be, shall have such powers for the purpose of making enquiry under sub-section (1) as may be prescribed.

(3) The enquiry under sub-section (1) shall be completed within a period of ninety days.

(4) Where the Committee or the Local Committee, as the case may be, fails to complete the enquiry within the period specified under sub-section (3), the employer or the District Officer, as the case may be, may take such action as may be prescribed.

Enquiry into complaint.

Action during pendency of enquiry.

10. (1) During the pendency of enquiry, on a written request made by the aggrieved woman, the Committee or the Local Committee, as the case may be, may recommend to the employer to-

(2) On the recommendation of the committee or the Local Committee, as the case may be, under sub-section (1), the employer or the District Officer may take such necessary action as may be deemed proper.

Enquiry report.

11. (1) On the completion of an enquiry under this Act, the Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, District officer.

(2) Where the committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer or the District Officer that no action is required to be taken in the matter.

(3) Where the committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be, -

12. (1) Where the Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is false or malicious or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint in accordance with the provisions of the service rules applicable to her or him or where no such service rules have been made, in such manner as may be prescribed.

(2) Where the Committee or the Local Committee, as the case may be, arrives at a conclusion that during the enquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules have been made, in such manner as may be prescribed.

Punishment for false or malicious complaint and false evidence.

13. (1) For the purpose of determining the compensation to be paid to the aggrieved woman under clause (b) of sub-section (3) of section 11, the Committee or the Local Committee, as the case may be, shall have regard to-

Determination of compensation.

Prohibition of publication or making known contents of complaint and enquiry proceedings.

14. Notwithstanding anything contained in the Right to Information Act, 2005, the contents of the complaint made under sub-section (1) of section 7, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and enquiry proceedings, recommendations of the Committee or the Local Committee, as the case may be, and the action taken by the employer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner:

Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity and address of the aggrieved woman, respondent and witnesses.

22 of 2005

Penalty for publication or making known contents of complaint and enquiry proceedings.

15. Where any person entrusted with the duty to handle or deal with the complaint, enquiry or any recommendations or action to be taken under the provisions of this Act contravenes the provisions of section 14 shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules have been made, in such manner as may be prescribed.

Appeal.

16. Any person aggrieved by any order passed under clauses (a) or (b) of sub-section (3) of section 11 or sub-sections (1) or (2) of section 12 or section 15 may prefer an appeal in accordance with the provisions of the service rules applicable to the said person or where no such service rules have been made, in such manner as may be prescribed.

MISCELLANEOUS

18. The Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer.

Committee to submit annual report.

19. The employer shall include a section on the cases filed and judgments conferred under this Act in each annual report of his organization.

Employer to include information in annual report.

20. (1) The appropriate Government, on being satisfied that it is necessary in the public interest or in the interest of women employees at a workplace to do so, by order in writing,-

(2) Every employer and District Officer shall produce on demand before the officer making the inspection all information, records and other documents in his custody having a bearing on the subject matter of such inspection.

he or she shall be punishable with fine which may extend to rupees ten thousand.

Power of the appropriate Government to make rules.

22. (1) The Central Government may, by notification in the official gazette, make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(c) the person who may make complaint under sub-section (2) of section 7;

(d) the manner of enquiry under sub-section (1) of section 9;

(e) the powers for making enquiry under sub-section (2) of section 9;

(f) the action to be taken by employer or District Officer under sub-section (4) of section 9;

(g) the relief to be recommended under clause (c) of sub-section (1) of section 10;

(h) the manner of action to be taken under clause (a) of sub-section (3) of section 11;

(i) the manner of action to be taken under sub-section (1) of section 12;

(j) the manner of action to be taken under sub-section (2) of section 12;

(k) the manner of action to be taken under section 15;

(l) the manner of appeal under section 16; and

(m) the form and time for preparation of annual report by Committee under section 18;

(3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of be no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(4) Every rule made under this Act by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.