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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

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 21

Title: Committee to Submit Annual Report

State: Central

Year: 2013

(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.

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 13

Title: Inquiry Report

State: Central

Year: 2013

.....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: Provided 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.....

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 14

Title: Punishment for False or Malicious Complaint and False Evidence

State: Central

Year: 2013

.....(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.

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 15

Title: Determination of Compensation

State: Central

Year: 2013

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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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 16

Title: Prohibition of Publication or Making Known Contents of Complaint and Inquiry Proceedings

State: Central

Year: 2013

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 victim 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.

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 17

Title: Penalty for Publication or Making Known Contents of Complaint and Inquiry Proceedings

State: Central

Year: 2013

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.

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 18

Title: Appeal

State: Central

Year: 2013

(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 subsection (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

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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.....

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