Protection of Women Against Sexual Harassment at Workplace Bill, 2010
[Bill No. 144 of 2010]
A
BILL
Preamble
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-first Year of the Republic of India as follows:--
Chapter I
Preliminary
1 . Short title, extent and commencement.--
(1) This Act may be called the Protection of Women against Sexual Harassment at Workplace Act, 2010.
(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.
2 . Definitions.--
In this Act, unless the context otherwise requires,--
(a) "aggreived woman" in relation to a workplace means a woman, of any age, who alleges to have been subjected to any act of sexual harassment by the respondent and includes a woman whether employed or not;
(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;
(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 an officer notified under section 5;
(e) "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; but does not include domestic worker working at home;
(f) "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;
(g) "Internal Committee" means an Internal Complaints Committee constituted under section 4;
(h) "Local Committee" means the Local Complaints Committee constituted under section 6;
(i) "Member" means a Member of the Internal Committee or the Local Committee, as the case may be;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "Presiding Officer" means the Presiding Officer of the Internal Complaints Committee nominated under sub-section (2) of section 4;
(l) "respondent" means a person against whom the aggreived woman has made a complaint under section 9;
(m) "sexual harassment" includes such unwelcome sexually determined behaviour (whether directly or by implication) as--
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
(n) "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 place visited either by air, land, rail or sea by the employee arising out of, or during and in the course of employment;
(o) "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.--
No woman shall be subjected to sexual harassment at any workplace which may include, but is not limited to--
(i) implied or overt promise of preferential treatment in her employment; or
(ii) implied or overt threat of detrimental treatment in her employment; or
(iii) implied or overt threat about her present or future employment status; or
(iv) conduct of any person which interferes with her work or creates an intimidating or offensive or hostile work environment for her; or
(v) humiliating conduct constituting health and safety problems for her.
Chapter II
Constitution of Internal Complaints Committee
4 . Constitution of Internal Complaints Committee.--
(1) Every employer of a work place shall, by an 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 places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.
(2) The Internal Committee shall consist of the following members to be nominated by the employer, namely:--
(a) a Presiding Officer who shall be 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 District Officer notified under section 5 may nominate a member of the Local Complaints Committee in that area to act as the Presiding Officer;
(b) not less than two Members from amongst employees preferably committeed 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 committeed to the cause of women:
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 Presiding Officer and Members of the Committee 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) is adjudged an insolvent; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is unfit to continue in office by reason of infirmity of mind or body; or
(e) is of unsound mind and stands so declared by a competent court; or
(f) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; or
(g) 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 Local Complaints Committee.--
(1) Every District Officer shall constitute in the district concerned, a committee to be known as the "Local Complaints Committee".
(2) Where constitution of the Internal Committee at a workplace is not feasible on account of less than ten persons being employed at such workplace or where the complaint is against the employer himself, the District Officer shall, constitute at every concerned block, taluka or tehsil in rural or...
To continue reading
Request your trial