The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

(1) This Act may be called the Sexual Harassment ofWomen at Workplace (Prevention, Prohibition and Redressal) Act, 2013. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires, (a) “aggrieved woman” means (i) in relation to a workplace, a woman, of any age whether employed or not, who alleges tohave been subjected to any act of sexual harassment by the respondent; (ii) in relation to dwelling place or house, a woman of any age who is employed in such adwelling place or house; (b) “appropriate Government” means (i) in relation to a workplace which is established, owned, controlled or wholly orsubstantially financed by funds provided directly or indirectly (A) by the Central Government or the Union territory administration, the CentralGovernment; (B) by the State Government, the State Government; (ii) in relation to any workplace not covered under sub-clause (i) and falling within itsterritory, the State Government; (c) “Chairperson” means the Chairperson of the Local Complaints Committee nominated undersub-section (1) of section 7; (d) “District Officer” means on officer notified under section 5; (e) "domestic worker" means a woman who is employed to do the household work in anyhousehold for remuneration whether in cash or kind, either directly or through any agency on atemporary, permanent, part time or full time basis, but does not include any member of the family ofthe employer; (f) "employee" means a person employed at a workplace for any work on regular, temporary, adhoc or daily wage basis, either directly or through an agent, including a contractor, with or, withoutthe knowledge of the principal employer, whether for remuneration or not, or working on a voluntarybasis or otherwise, whether the terms of employment are express or implied and includes a co-worker,a contract worker, probationer, trainee, apprentice or called by any other such name; (g) "employer" means (i) in relation to any department, organisation, undertaking, establishment, enterprise,institution, office, branch or unit of the appropriate Government or a local authority, the head ofthat department, organisation, undertaking, establishment, enterprise, institution, office, branch orunit or such other officer as the appropriate Government or the local authority, as the case maybe, may by an order specify in this behalf; (ii) in any workplace not covered under sub-clause (i), any person responsible for themanagement, supervision and control of the workplace. Explanation. For the purposes of this sub-clause “management” includes the person orboard or committee responsible for formulation and administration of polices for suchorganisation; (iii) in relation to workplace covered under sub-clauses (i) and (ii), the person dischargingcontractual obligations with respect to his or her employees; (iv) in relation to a dwelling place or house, a person or a household who employs or benefitsfrom the employment of domestic worker, irrespective of the number, time period or type of suchworker employed, or the nature of the employment or activities performed by the domesticworker; (h) “Internal Committee” means an Internal Complaints Committee constituted under section 4; (i) “Local Committee” means the Local Complaints Committee constituted under section 6; (j) “Member” means a Member of the Internal Committee or the Local Committee, as the casemay be; (k) “prescribed” means prescribed by rules made under this Act; (l) “Presiding Officer” means the Presiding Officer of the Internal Complaints Committeenominated under sub-section (2) of section 4; (m) “respondent’ means a person against whom the aggrieved woman has made a complaintunder section 9; (n) “sexual harassment” includes any one or more of the following unwelcome acts or behavior(whether directly or by implication) namely: (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature; (o) “workplace” includes (i) any department, organisation, undertaking, establishment, enterprise, institution, office,branch or unit which is established, owned, controlled or wholly or substantially financed byfunds provided directly or indirectly by the appropriate Government or the local authority or aGovernment company or a corporation or a co-operative society; (ii) any private sector organisation or a private venture, undertaking, enterprise, institution,establishment, society, trust, non-governmental organisation, unit or service provider carrying oncommercial, professional, vocational, educational, entertainmental, industrial, health services orfinancial activities including production, supply, sale, distribution or service; (iii) hospitals or nursing homes; (iv) any sports institute, stadium, sports complex or competition or games venue, whetherresidential or not used for training, sports or other activities relating thereto; (v) any place visited by the employee arising out of or during the course of employmentincluding transportation by the employer for undertaking such journey; (vi) a dwelling place or a house; (p) “unorganised sector” in relation to a workplace means an enterprise owned by individuals orself-employed workers and engaged in the production or sale of goods or providing service of anykind whatsoever, and where the enterprise employs workers, the number of such workers is less thanten.

(1) No woman shall be subjected to sexual harassment at anyworkplace. (2) The following circumstances, among other circumstances, if it occurs, or is present in relation toor connected with any act or behavior of sexual harassment may amount to sexual harassment: (i) implied or explicit promise of preferential treatment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment ; or (iii) implied or explicit threat about her present or future employment status; or (iv) interference with her work or creating an intimidating or offensive or hostile workenvironment for her; or (v) humiliating treatment likely to affect her health or safety.

(1) Every employer of a workplace shall, byan order in writing, constitute a Committee to be known as the “Internal Complaints Committee”: Provided that where the offices or administrative units of the workplace are located at different placesor divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative unitsor offices. (2) The Internal Committees shall consist of the following members to be nominated by theemployer, namely: (a) a Presiding Officer who shall be a woman employed at a senior level at workplace fromamongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shallbe nominated from other offices or administrative units of the workplace referred to in sub-section(1): Provided further that in case the other offices or administrative units of the workplace do nothave a senior level woman employee, the Presiding Officer shall be nominated from any otherworkplace of the same employer or other department or organisation; (b) not less than two Members from amongst employees preferably committed to the cause ofwomen or who have had experience in social work or have legal knowledge; (c) one member from amongst non-governmental organisations or associations committed to thecause of women or a person familiar with the issues relating to sexual harassment: Provided that at least one-half of the total Members so nominated shall be women. (3) The Presiding Officer and every Member of the Internal Committee shall hold office for suchperiod, not exceeding three years, from the date of their nomination as may be specified by the employer. (4) The Member appointed from amongst the non-governmental organisations or associations shall bepaid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, asmay be prescribed. (5) Where the Presiding Officer or any Member of the Internal Committee, (a) contravenes the provisions of section 16; or (b) has been convicted for an offence or an inquiry into an offence under any law for the timebeing in force is pending against him; or (c) he has been found quilty in any disciplinary proceedings or a disciplinary proceeding ispending against him; or (d) has so abused his position as to render his continuance in office prejudicial to the publicinterest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and thevacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with theprovisions of this section.

The appropriate Government may notify a District Magistrateor Additional District Magistrate or the Collector or Deputy Collector as a District Officer for everyDistrict to exercise powers or discharge functions under this Act.