THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE 
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 
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ARRANGEMENT OF SECTIONS 
Last updated: 31-8-2021 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Prevention of sexual harassment. 

CHAPTER II 
CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE 

4.  Constitution of Internal Complaints Committee. 

CHAPTER III 
CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE 

5.  Notification of  District Officer. 
6.  Constitution and jurisdiction of Local Committee. 
7.  Composition tenure and other terms and conditions of Local Committee. 
8.  Grants and audit. 

CHAPTER IV 
COMPLAINT 

9.  Complaint of sexual harassment. 
10.  Conciliation. 
11.  Inquiry into complaint. 

CHAPTER V 
INQUIRY INTO COMPLAINT 

12.  Action during pendency of inquiry. 
13.  Inquiry report. 
14.  Punishment for false or malicious complaint and false evidence. 
15.  Determination of compensation. 
16.  Prohibition of publication or making known contents of complaint and inquiry proceedings. 
17.  Penalty for publication or making known contents of complaint and inquiry proceedings. 
18.  Appeal. 

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CHAPTER VI 

DUTIES OF EMPLOYER 

SECTIONS 

19.  Duties of employer. 

CHAPTER VII 

DUTIES AND POWERS OF DISTRICT OFFICER 

20.  Duties and powers of District Officer. 

CHAPTER VIII 

MISCELLANEOUS 

21.  Committee to submit annual report. 
22.  Employer to include information in annual report. 
23.  Appropriate Government to monitor implementation and maintain data. 
24.  Appropriate Government to take measures to publicise the Act. 
25.  Power to call for information and inspection of records. 
26.  Penalty for non-compliance with provisions of Act. 
27.  Cognizance of offence by courts. 
28.  Act not in derogation of any other law. 
29.  Power of appropriate Government to make rules. 
30.  Power to remove difficulties. 

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THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE 
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 

ACT NO. 14 OF 2013 

[22nd April, 2013] 

An  Act  to  provide  protection  against  sexual  harassment  of  women  at  workplace  and  for  the 
prevention  and  redressal  of  complaints  of  sexual  harassment  and  for  matters  connected 
therewith or incidental thereto. 

WHEREAS  sexual  harassment  results  in  violation  of  the  fundamental  rights  of  a  woman  to  equality 
under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under 
article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or 
business which includes a right to a safe environment free from sexual harassment; 

AND  WHEREAS  the  protection  against  sexual  harassment  and  the  right  to  work  with  dignity  are 
universally recognised human rights by international conventions and instruments such as Convention on 
the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 
1993 by the Government of India; 

AND  WHEREAS  it  is  expedient  to  make  provisions  for  giving  effect  to  the  said  Convention  for 

protection of women against sexual harassment at workplace. 

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows: — 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Sexual Harassment of 

Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—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 to 

have 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 a 

dwelling place or house; 

(b) “appropriate Government” means— 

(i)  in  relation  to  a  workplace  which  is  established,  owned,  controlled  or  wholly  or 

substantially financed by funds provided directly or indirectly—  

(A)  by  the  Central  Government  or  the  Union  territory  administration,  the  Central 

Government; 

(B) by the State Government, the State Government; 

1. 9th December, 2013, vide notification No. S.O. 3606(E), dated 9th December, 2013, see Gazette of India, Extraordinary, Part 

II, sec. 3(ii). 

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(ii)  in  relation  to  any  workplace  not  covered  under  sub-clause  (i)  and  falling  within  its 

territory, the State Government; 

(c) “Chairperson” means the Chairperson of the Local Complaints Committee nominated under 

sub-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  any 
household  for  remuneration  whether  in  cash  or  kind,  either  directly  or  through  any  agency  on  a 
temporary, permanent, part time or full time basis, but does not include any member of the family of 
the employer; 

 (f) “employee” means a person employed at a workplace for any work on regular, temporary, ad 
hoc or daily wage basis, either directly 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 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 of 
that department, organisation, undertaking, establishment, enterprise, institution, office, branch or 
unit or such other officer as the appropriate Government or the local authority, as the case may 
be, may by an order specify in this behalf; 

(ii)  in  any  workplace  not  covered  under  sub-clause  (i),  any  person  responsible  for  the 

management, supervision and control of the workplace. 

Explanation.  —For  the  purposes  of  this  sub-clause  “management”  includes  the  person  or 
board  or  committee  responsible  for  formulation  and  administration  of  polices  for  such 
organisation; 

(iii)  in  relation  to  workplace  covered  under  sub-clauses  (i)  and  (ii),  the  person  discharging 

contractual 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 benefits 
from the employment of domestic worker, irrespective of the number, time period or type of such 
worker  employed,  or  the  nature  of  the  employment  or  activities  performed  by  the  domestic 
worker; 

(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 case 

may be; 

(k) “prescribed” means  prescribed by rules made under this Act; 

(l)  “Presiding  Officer”  means  the  Presiding  Officer  of  the  Internal  Complaints  Committee 

nominated under sub-section (2) of section 4; 

(m)  “respondent’  means  a  person  against  whom  the  aggrieved  woman  has  made  a  complaint 

under section 9; 

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(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  by 
funds  provided  directly  or  indirectly  by  the  appropriate  Government  or  the  local  authority  or  a 
Government 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 on 
commercial,  professional, vocational,  educational,  entertainmental, industrial,  health  services  or 
financial 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,  whether 

residential 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  employment 

including 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 or 
self-employed  workers  and  engaged  in  the  production  or  sale  of  goods  or  providing  service  of  any 
kind whatsoever, and where the enterprise employs workers, the number of such workers is less than 
ten. 

3. Prevention of sexual harassment.—(1) No woman shall be subjected to sexual harassment at any 

workplace. 

(2) The following circumstances, among other circumstances, if it occurs, or is present in relation to 

or 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  work 

environment for her; or 

(v) humiliating treatment likely to affect her health or safety. 

CHAPTER II 

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE 

4. Constitution of Internal Complaints Committee.— (1) Every employer of a workplace shall, by 

an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”: 

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

(2)  The  Internal  Committees  shall  consist  of    the  following  members  to  be  nominated  by  the 

employer, namely: — 

(a)  a  Presiding  Officer  who  shall  be  a  woman  employed  at  a  senior  level  at  workplace  from 

amongst the employees: 

Provided that in case a senior level woman employee is not available, the Presiding Officer shall 
be 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  not  
have  a  senior  level  woman  employee,  the  Presiding  Officer  shall  be  nominated  from  any  other 
workplace of the same employer or other department or organisation; 

(b)  not  less  than  two  Members  from  amongst  employees  preferably  committed  to  the  cause  of 

women or who have had experience in social work or have legal knowledge; 

(c) one member from amongst non-governmental organisations or associations committed to the 

cause 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  such 
period, 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 be 
paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as 
may 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 time 

being in force is pending against him; or 

(c)  he  has  been  found  quilty  in  any  disciplinary  proceedings  or  a  disciplinary  proceeding  is 

pending against him; or 

(d)  has  so  abused  his  position  as  to  render  his  continuance  in  office  prejudicial  to  the  public 

interest, 

such  Presiding  Officer  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  nomination  in  accordance  with  the 
provisions of this section. 

CHAPTER III 

CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE 

5. Notification of District  Officer.—The appropriate Government may notify a District Magistrate 
or  Additional  District  Magistrate  or  the  Collector  or  Deputy  Collector  as  a  District  Officer  for  every 
District to exercise powers or discharge functions under this Act. 

6. Constitution and jurisdiction of 1[Local Committee].—(1) Every District Officer shall constitute 
in the district concerned, a committee to be known as the “1[Local Committee]” to receive complaints of 

1. Subs. by Act 23 of 2016, s. 3 and the Second Schedule, for “Local Complaints Committee” (w.e.f. 6-5-2016). 

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sexual harassment from establishments where the  1[Internal Committee] has not been constituted due to 
having less than ten workers or if the complaint is against the employer himself. 

(2) The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or 
tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the 
concerned 2[Local Committee] within a period of seven days. 

(3)  The  jurisdiction  of  the  2[Local  Committee]  shall  extend  to  the  areas  of  the  district  where  it  is 

constituted. 

7. Composition, tenure and other terms and conditions of  2[Local Committee].—(1) The 2[Local 

Committee] shall consist of the following members to be nominated by the District Officer, namely: — 

(a) a Chairperson to be nominated from amongst the eminent women in the field of social work 

and committed to the cause of women; 

(b) one Member to be nominated from amongst the women working in block, taluka or tehsil or 

ward or municipality in the district; 

(c) two Members, of whom at least one shall be a woman, to be nominated from amongst such 
non-governmental  organisations  or  associations  committed  to  the  cause  of  women  or  a  person 
familiar with the issues relating to sexual harassment,  which may be prescribed: 

Provided that at least one of the nominees should, preferably, have a background in law or legal 

knowledge: 

Provided further that at least one of the nominees shall be a woman belonging to the Scheduled 
Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the 
Central Government, from time to time; 

(d) the concerned officer dealing with the social welfare or women and child development in the 

district, shall be a member ex officio. 

(2) The Chairperson and every Member of the Local Committee shall hold office for such period, not 

exceeding three years, form the date of their appointment as may be specified by the District Officer. 

(3) Where the Chairperson or any Member of the 2[Local 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 time 

being in force is pending against him; or 

(c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending 

against him; or 

(d)  has  so  abused  his  position  as  to  render  his  continuance  in  office  prejudicial  to  the  public 

interest, 

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 nomination in accordance with the provisions of 
this section. 

(4) The Chairperson or Members of the Local Committee other than the Members nominated under 
clauses  (b)  and  (d)  of  sub-section  (1)  shall  be  entitled  to  such  fees  or  allowances  for  holding  the 
proceedings of the Local Committee as may be prescribed. 

8. Grants and audit.—(1) The Central Government may, after due appropriation made by Parliament 
by  law  in  this  behalf,  make  to  the  State  Government  grants  of  such  sums  of  money  as  the  Central 

1. Subs. by Act 23 of 2016, s. 3 and the Second Schedule, for “Internal Complaints Committee” (w.e.f. 6-5-2016). 
2. Subs. by s. 3 and the Second Schedule, ibid., for “Local Complaints Committee” (w.e.f. 6-5-2016). 

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Government  my  think  fit,  for  being  utilised  for  the  payment  of  fees  or  allowances  referred  to  in  sub-
section (4) of section 7. 

(2) The State Government may set up an agency and transfer the grants made under sub-section (1) to 

that agency. 

(3) The agency shall pay to the District Officer, such sums as may be required for the payment of fees 

or allowances referred to in sub-section (4) of section 7. 

(4) The accounts of the agency referred to in sub-section (2) shall be maintained and audited in such 
manner as may, in consultation with the Accountant General of the State, be prescribed and the  person 
holding  the  custody  of  the  accounts  of  the  agency  shall  furnish,  to  the  State  Government,  before  such 
date, as may be prescribed, its audited copy of accounts together with auditors’ report thereon. 

CHAPTER IV 

COMPLAINT 

9. Complaint of sexual harassment.—(1) Any aggrieved woman  may make, in writing, a complaint 
of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in 
case it is not so constituted, within a period of three months from the date of incident and in case of a 
series of incidents, within a period of three months from the date of  last incident: 

Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member 
of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, 
shall render all reasonable assistance to the woman for making the complaint in writing: 

Provided further that the Internal Committee or, as the case may be, the Local Committee may, for 
the reasons to be recorded in writing, extend the time limit not exceeding three months , if it is satisfied 
that  the  circumstances  were  such  which  prevented  the  woman  from  filing  a  complaint  within  the  said 
period. 

(2) Where the aggrieved woman is unable 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. 

10.  Conciliation.—(1)  The  Internal  Committee  or,  as  the  case  may  be,  the  Local  Committee,  may, 
before initiating an inquiry under section 11 and at the request of the aggrieved woman take steps to settle 
the matter between her and the respondent through conciliation: 

Provided that no monetary settlement shall be made as a basis of conciliation. 

(2) Where settlement has been arrived at under sub-section (1), the Internal Committee or the Local 
Committee,  as  the  case  may  be,  shall  record  the  settlement  so  arrived  and  forward  the  same  to  the 
employer or the District Officer to take action as specified in the recommendation. 

(3) The Internal Committee or the Local Committee, as the case may be, shall provide the copies of 

the settlement as 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 inquiry shall be conducted by the 

Internal Committee or the Local Committee, as the case may be. 

11. Inquiry into complaint.— (1) Subject to the provisions of section 10, the Internal Committee or 
the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make 
inquiry  into  the  complaint  in  accordance  with  the  provisions  of  the  service  rules  applicable  to  the 
respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic 
worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a 
period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and 
any other relevant provisions of the said Code where applicable: 

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Provided that where the aggrieved woman informs the Internal Committee or the Local Committee, as 
the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10 
has  not  been  complied  with  by  the  respondent,  the  Internal  Committee  or  the  Local  Committee  shall 
proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police: 

Provided  further  that  where  both  the  parties  are  employees,  the  parties  shall,  during  the  course  of 
inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both 
the parties enabling them to make representation against the findings before the Committee. 

(2)  Notwithstanding  anything  contained  in  section  509  of  the  Indian  Penal  Code  (45  of  1860),  the 
court  may,  when  the  respondent  is  convicted  of  the  offence,  order  payment  of  such  sums  as  it  may 
consider  appropriate,  to  the  aggrieved  woman  by  the  respondent,  having  regard  to  the  provisions  of 
section 15. 

(3) For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local 
Committee, as the case may be, shall have the same powers as are vested in a civil court the Code of Civil 
Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; and 

(c) any other matter which may be prescribed. 

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

CHAPTER V 

INQUIRY INTO COMPLAINT 

12.  Action  during  pendency  of  inquiry.—(1)  During  the  pendency  of  an  inquiry  on  a  written 
request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may 
be, may recommend to the employer to— 

(a)  transfer the aggrieved woman or the respondent to any other workplace; or 

(b) grant leave to the aggrieved woman up to a period of three months; or 

(c) grant such other relief to the aggrieved woman a may be prescribed. 

(2) The leave granted to the aggrieved woman under this section shall be in addition to the leave she 

would be otherwise entitled. 

(3) On the recommendation of the Internal Committee or the Local Committee, as the case may be, 
under  sub-section  (1),  the  employer  shall  implement  the  recommendations  made  under  sub-section  (1) 
and send the report of such implementation to the Internal Committee or the Local Committee, as the case 
may be. 

13. Inquiry report.—(1) On the completion of an inquiry under this Act, the Internal 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, the District Officer within a period of ten days from the date of completion of the inquiry 
and such report be made available to the concerned parties. 

(2)  Where  the  Internal  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 and the District Officer that no action is required to be taken in the matter. 

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(3)  Where  the  Internal  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— 

(i) to take action for  sexual harassment as a misconduct in accordance with the provisions of the 
service  rules  applicable  to  the  respondent  or  where  no  such  service  rules  have  been  made,  in  such 
manner as may be prescribed; 

(ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the 
salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved 
woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15: 

Provide  that  in  case  the  employer  is  unable  to  make  such  deduction  from  the  salary  of  the 
respondent  due  to  his  being  absent  from  duty  or  cessation  of  employment  it  may  direct  to  the 
respondent to pay such sum to the aggrieved woman: 

Provided  further  that  in  case  the  respondent  fails  to  pay  the  sum  referred  to  in  clause  (ii),  the 
Internal Committee or as, the case may be, the Local Committee may forward the order for recovery 
of the sum as an arrear of land revenue to the concerned District Officer. 

(4) The employer or the District Officer shall act upon the recommendation within sixty days of its 

receipt by him. 

14.  Punishment  for  false  or  malicious  complaint  and  false  evidence.—(1)  Where  the  Internal 
Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against 
the respondent is malicious or the aggrieved woman or any other person making the complaint has made 
the complaint knowing it to  be false 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, as the case may be, to take action against the woman or the person who has made the complaint 
under  sub-section  (1)  or  sub-section  (2)  of  section  9,  as  the  case  may  be,  in  accordance  with  the 
provisions  of  the  service  rules  applicable  to  her  or  him  or  where  no  such  service  rules  exist,  in  such 
manner as may be prescribed: 

Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract 

action against the complainant under this section: 

Provided  further  that  the  malicious  intent  on  part  of  the  complainant  shall  be  established  after  an 

inquiry in accordance with the procedure prescribed, before any action is recommended. 

(2) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion 
that  during  the  inquiry  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, as the case may be, to 
take action in accordance with the provisions of the service rules applicable to the said witness or where 
no such service rules exist, in such manner as may be prescribed. 

15.  Determination  of  compensation.—For  the  purpose  of  determining  the  sums  to  be  paid  to  the 
aggrieved woman under clause (ii) of sub-section (3) of section 13, the Internal Committee or the Local 
Committee, as the case may be, shall have regard to— 

(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman; 

(b) the loss in the career opportunity due to the incident of sexual harassment; 

(c) medical expenses incurred by the victim for physical or psychiatric treatment; 

(d) the income and financial status of the respondent; 

(e) feasibility of such payment in lump sum or in instalments. 

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16.  Prohibition  of  publication  or  making  known  contents  of  complaint  and  inquiry 
proceedings.—Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), 
the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, 
respondent and witnesses, any information relating to conciliation and inquiry proceedings, 

recommendations of the Internal Committee or the Local Committee, as the case may be, and the action 
taken  by  the  employer  or  the  District  Officer  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 vicitim of sexual 
harassment  under  this  Act  without  disclosing  the  name,  address,  identity  or  any  other  particulars 
calculated to lead to the identification of the aggrieved woman and witnesses. 

17. Penalty for publication or making known contents of complaint and inquiry proceedings.— 
Where  any  person  entrusted  with  the  duty  to  handle  or  deal  with  the  complaint,  inquiry  or  any 
recommendations  or  action  to  be  taken  under  the  provisions  of  this  Act,  contravenes  the  provisions  of 
section 16, he 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 exist, in such manner as may be prescribed. 

18.  Appeal.—(1)  Any  person  aggrieved  from  the  recommendations  made  under  sub-section  (2)  of 
section  13  or  under  clause  (i)  or  clause  (ii)  of  sub-section  (3)  of  section  13  or  sub-section  (1)  or  sub-
section (2)  of section  14  or  section  17  or  non-implementation  of  such recommendations  may  prefer  an 
appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said 
person or where no such service rules exist then, without prejudice to provisions contained in any other 
law  for  the  time  being  in  force,  the  person  aggrieved  may  prefer  an  appeal  in  such  manner  as  may  be 
prescribed. 

(2)  The  appeal  under  sub-section  (1)  shall  be  preferred  within  a  period  of  ninety  days  of  the 

recommendations. 

CHAPTER VI 

DUTIES OF EMPLOYER 

19. Duties of employer.— Every employer shall— 

(a)  provide  a  safe  working  environment  at  the  workplace  with  shall  include  safety  from  the 

persons coming into contact at the workplace; 

(b)  display  at  any  conspicuous  place  in  the  workplace,  the  penal  consequences  of  sexual 

harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4; 

(c)  organise  workshops  and  awareness  programmes  at  regular  intervals  for  sensitising  the 
employees with the provisions of the Act and orientation programmes for the members of the Internal 
Committee in the manner as may be prescribed; 

(d)  provide  necessary  facilities  to  the  Internal  Committee  or  the  Local  Committee,  as  the  case 

may be, for dealing with the complaint and conducting an inquiry; 

(e) assist in securing the attendance of respondent and witnesses before the Internal Committee or 

the Local Committee, as the case may be; 

(f)  make  available  such  information  to  the  Internal  Committee  or  the  Local  Committee,  as  the 

case be, as it may require having regard to the complaint made under sub-section (1) of section 9; 

(g) provide assistance to the woman if she so chooses to file a complaint in relation to the offence 

under the Indian Penal Code (45 of 1860) or any other law for the time being in force; 

(h) cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time 
being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is 
not an employee, in the workplace at which the incident of sexual harassment took place; 

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(i)  treat  sexual  harassment  as  a  misconduct  under  the  service  rules  and  initiate  action  for  such 

misconduct; 

(j) monitor the timely submission of reports by the Internal Committee. 

CHAPTER VII 

DUTIES AND POWERS OF DISTRICT OFFICER 

20. Duties and powers of District Officer.—The District Officer shall, — 

(a) monitor the timely submission of report furnished by the Local Committee; 

(b)  take  such  measures  as  may  be  necessary  for  engaging  non-governmental  organisations  for 

creation of awareness on sexual harassment and the rights of the women. 

CHAPTER VIII 

MISCELLANEOUS 

21. Committee to submit annual report.— (1) The Internal 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 and the District Officer. 

(2) The District Officer shall forward a brief report on the annual reports received under sub-section 

(1) to the State Government. 

22. Employer to include information in annual report.—The employer shall include in its report 
the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation 
or where no such report is required to be prepared, intimate such number of cases, if any,  to the District 
Officer. 

23.  Appropriate  Government to monitor implementation  and maintain  data.—The  appropriate 
Government shall monitor the implementation of this Act and maintain date on the number of cases filed 
and disposed of in respect of all cases of sexual harassment at workplace. 

24.  Appropriate  Government  to  take  measures  to  publicise  the  Act.—The  appropriate 

Government may, subject to the availability of financial and other resources, — 

(a) develop relevant information, education, communication and training materials, and organise 
awareness  programmes,  to  advance  the  understanding  of  the  public  of  the  provisions  of  this  Act 
providing for protection against sexual harassment of woman at workplace; 

(b) formulate orientation and training programmes for the members of the 1[Local Committee]. 
25. Power to call for information and inspection of records.—(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,— 

(a) call upon any employer or District Officer to furnish in writing such information relating to 

sexual harassment as it may require; 

(b)  authorise  any  officer  to  make  inspection  of  the  records  and  workplace  in  relation  to  sexual 
harassment, who shall submit a report of such inspection to it within such period as may be specified 
in the order. 

(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. 

26. Penalty for non-compliance with provisions of Act.—(1) Where the employer fails to— 

(a) constitute an Internal Committee under sub-section (1) of section 4; 

1. Subs. by Act 23 of 2016, s. 3 and the Second Schedule, for “Local Complaints Committee” (w.e.f. 6-5-2016). 

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(b) take action under sections 13, 14 and 22; and 

(c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or 

any rules made thereunder, 

he shall be punishable with fine which may extend to fifty thousand rupees. 

(2) If any employer, after having been previously convicted of an offence punishable under this Act 

subsequently commits and is convicted of the same offence, he shall be liable to— 

(i)  twice  the  punishment,  which  might  have  been  imposed  on  a  first  conviction,  subject  to  the 

punishment being maximum provided for the same offence: 

Provided that in case a higher punishment is prescribed under any other law for the time being in 
force, for the offence for which the accused is being prosecuted, the court shall take due cognizance 
of the same while awarding the punishment; 

(ii) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the 
registration,  as  the  case  may  be,  by  the  Government  or  local  authority  required  for  carrying  on  his 
business or activity. 

27. Cognizance of offence by courts.—(1) No court shall take cognizance of any offence punishable 
under this Act or any rules made thereunder, save on a complaint made by the aggrieved woman or any 
person authorised by the Internal Committee or Local Committee in this behalf. 

 (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class 

shall try any offence punishable under this Act. 

(3) Every offence under this Act shall be non-cognizable. 

28. Act not in derogation of any other law.—The provisions of this Act shall be in addition to and 

not in derogation of the provisions of any other law for the time being in force. 

29.  Power  of  appropriate  Government  to  make  rules.—(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:— 

(a) the fees or allowances to be paid to the Members under sub-section (4) of section 4; 

(b) nomination of members under clause (c) of sub-section (1) of section 7; 

(c) the fees or allowances to be paid to the Chairperson, and Members under sub-section (4) of 

section 7; 

(d) the person who may make complaint under sub-section (2) of section 9; 

(e) the manner of inquiry under sub-section (1) of section 11; 

(f) the powers for making an inquiry under clause (c) of sub-section (2) of section 11; 

(g) the relief to be recommended under clause (c) of sub-section (1) of section 12; 

(h) the manner of action to be taken under clause (i) of sub-section (3) of section 13; 

(i) the manner of action to be taken under sub-sections (1) and (2) of section 14; 

(j) the manner of action to be taken under section 17; 

(k) the manner of appeal under sub-section (1) of section 18; 

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(l) the manner of organising workshops, awareness programmes for sensitising the employees and 
orientation  programmes  for  the  members  of  the  Internal  Committee  under  clause  (c)  of  section  19; 
and 

(m)  the  form  and  time  for  preparation  of  annual  report  by  Internal  Committee  and  the  Local 

Committee under sub-section (1) of section 21. 

(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 of 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 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) Any rule made under sub-section (4) of section 8 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. 

30. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not  inconsistent  with  the  provisions  of  this  Act,  as  may  appear  to  it  to  be  necessary  for  removing  the 
difficulty: 

Provided that no such order shall be made under this section after the expiry of a period of two years 

from the commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

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