Bare Act Search Results

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

Title: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

State: Central

Year: 2013

.....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:--

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 3

Title: Prevention of Sexual Harassment

State: Central

Year: 2013

(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 behaviour 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.

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

Title: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

State: Central

Year: 2013

.....proceedings Section 18 - Appeal Chapter VI - DUTIES OF EMPLOYER Section 19 - Duties of employer Chapter VII - DUTIES AND POWERS OF DISTRICT OFFICER Section 20 - Duties and powers of District Officer Chapter VIII - MISCELLANEOUS Section 21 - Committee to submit annual report Section 22 - Employer to include information in annual report Section 23 - Appropriate Government to monitor implementation and maintain data Section 24 - Appropriate Government to take measures to publicise the Act Section 25 - Power to call for information and inspection of records Section 26 - Penalty for noncompliance with provisions of Act Section 27 - Cognizance of offence by courts Section 28 - Act not in derogation of any other law Section 29 - Power of appropriate Government to make rules Section 30 - Power to remove difficulties

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 9

Title: Complaint of Sexual Harassment

State: Central

Year: 2013

(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.

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

State: Central

Year: 2013

.....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. 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).....

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 19

Title: Duties of Employer

State: Central

Year: 2013

.....at any conspicuous place in the workplace, the penal consequences of sexual harassments: and the order constituting, the Internal Committee under subsection (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 may 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.....

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 2

Title: Definitions

State: Central

Year: 2013

.....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 an 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.....

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 25

Title: Power to Call for Information and Inspection of Records

State: Central

Year: 2013

(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.

Right of Children to Free and Compulsory Education Act 2009 Section 17

Title: Prohibition of Physical Punishment and Mental Harassment to Child

State: Central

Year: 2009

(1) No child shall be subjected to physical punishment or mental harassment. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 1

Title: Short Title Extent and Commencement

State: Central

Year: 2013

(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 date as the Central Government may, by notification in the Official Gazette, appoint.