Sexual harassment of women at workplace act 2013 till Now

Government of India has enacted Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and issued Rules for implementation of the Act under the provision of section 29 of this act also called as Sexual harassment of women at workplace act 2013.

In accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 in the reference 1st read above and consequential orders issued in the reference 2nd read above and also in partial modifications of the orders issued in the reference 3rd read above, Government hereby reconstitute the following Internal Complaints Committee in Information Technology, Electronics and Communications Department for redressal of Complaints/Grievances made by the Women employees of ITE&C Department, Telangana Secretariat.

Smt.Lanka Rama Devi, Executive Engineer/Officer on Special Duty … Chairperson

Smt.T.Padma Sundari, Deputy Secretary to Government … Member

Sri R.Shobhan Babu, Assistant Secretary to Government … Member

Sri M.Nagendra Kumar, Assistant Director / Executive Assistant … Member

As per the Section 5 of the act 1st read above, the appropriate Govt. may notify Dist Magistrate or Additional Dist Magistrate or the Collector or Deputy Collector as a Dist Officer for every Dist to exercise powers or discharge function under this act.

Commissioner, WD & CW dept has requested to notify the Andhra Pradesh Society for Protection and Empowerment of Women & Children (APSPEWC) as an agency as per the provisions in section 8 (2) of the Act and also for transferring grants from Government of India as per section 5 of the Rules prescribed under the said act.

Government, after careful examination of the matter hereby notifies the Collectors & Dist Magistrates as District Officer to exercise powers or discharge functions under provisions of Se ual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

It is also ordered that every Dist officer shall constitute a Local Complaints Committee in Dist concerned as per provisions of the act. It is also notified that the Andhra Pradesh Society for Protection and Empowerment of Women & Children (APSPEWC) which is acting as State Mission Authority will also act as State Agency for transfer of grants made under Sub section (1) of the Section (8) of the act.

The Agency shall pay to the District Officer, such sums as may be required for the payment of fees or allowances as referred to the rules of the said act.

The Commissioner, Women Development & Child Welfare Department, Hyderabad shall take necessary action in the matter. Sexual harassment of women at workplace act 2013 Collectors and District Magistrate notified as a District Officer for every Dist to exercise powers or discharge functions under the act

Set up of an agency for transfer of grants Orders Issued. Committee of Internal Complaints Committee in the Department under the provisions of Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal), Act, 2013

submission of complaints to the Internal Complaints Committee in Department for WCDA&SC G.O.Rt.No.7, Department for Women, Children, Differently Abled and Senior Citizens (Prog.II), Dt.5.1.2018. 2. Letter No.3383/Prog.II/A2/2013, dated 11.2.2018 Department for Women, Children, Differently Abled and Senior Citizens Department for Women, Children, Differently

Abled and Senior Citizens, Government of A.P. has requested all the Departments to constitute a Local Complaints Committee in the Department concerned as per the provisions of Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal), Act, 2013.

Govt. after careful examination, it has been decided that till the Internal Complaints Committees are formed by other Secretariat Departments, the “Internal Complaints Committee” formed in Department for Women, Children, Differently Abled and Senior Citizens, shall accept / hear the complaints from the employees of the Secretariat Departments and shall take appropriate steps for Redressal of the complaints, as per Sexual Harassment of Women at Workplace (prevention, Prohibition and Redressal) Act, 2013. To notify the District Collector of every district as District Officer to exercise powers of discharge of function under sexual harassment of women at work place Act, 2013

Government of India has stated that Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has come into force from 9th December, 2013. The Rules under this Act have also been notified on 9th December, 2013 that sexual harassment of women at workplace is a violation of women’s right to gender equality, life and liberty.

The Act needs to be implemented in an effective manner in order to provide a safe and secure working environment to women and to ensure constitution of Internal Complaints Committee as mandated in the Act in every department/organization/ undertaking/industrial establishment and educational institution.

Further, they have requested to ensure notification of district officers so as to facilitate the constitution of Local Complaints Committees in every district. In the reference the Director, WD & CW has stated that as perSection 5 of the Act, the Government may notify a District Magistrate or the Collector or Deputy Collector as a District Officer for every District to exercise powers of discharge of functions under Sexual Harassment of Women at Workplace Act, 2013

As per the Sub-Section 1 of Section 6, the District Officer shall constitute in the district concerned, a committee to be known as the ‘Local Complaints Committee’ to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself and requested to notify District Officer in all the districts of Telangana State as per the Act for the prevention and redressal of complaints of sexual harassment. After careful examination of the matter, Government hereby notifies District Collector/District Magistrate as a District Officer for every District to exercise powers and discharge functions under this Act.

The Internal Complaints Committee shall receive complaints regarding sexual harassment of women Employees in workplaces and redress the grievances/complaints, if any made by the Women employees.

The said Committee shall furnish the reports / action taken reports on sexual harassment of working women in the Department, duly indicating the action to redress the complaints made by the Women employees to the Nodal Agency i.e. Women Development, Child welfare & Disabled and Senior Citizens Department.

The Committee shall follow the Instructions / guidelines issued by the Government from time to time in the matter.

Fees or allowances for Member of Internal Committee.- (1) The Member appointed from amongst nongovernment organisations shall be entitled to an allowance of two hundred rupees per day for holding the proceedings of the Internal Committee and also the reimbursement of travel cost incurred in travelling by train in three tier air condition or air conditioned bus and auto rickshaw or taxi, or the actual amount spent by him on travel, whichever is less. The employer shall be responsible for the payment of allowances referred to in sub-rule

(1). 4. Person familiar with issues relating to sexual harassment.- Person familiar with the issues relating to sexual harassment for the purpose of clause (c) of sub-section (1) of section 7 shall be a person who has expertise on issues relating to sexual harassment and may include any of the following:- (a) a social worker with at least five years’ experience in the field of social work which leads to creation of societal conditions favourable towards empowerment of women a d in particular in addressing workplace sexual harassment; (b) a person who is familiar with labour, service, civil or criminal law.

Fees or allowances for Chairperson and Members of Local Committee.- (1) The Chairperson of the Local Committee shall be entitled to an allowance of two hundred and fifty rupees per day for holding the proceedings of the said Committee.

(2) The Members of the Local Committee other than the Members nominated under clauses (b) and (d) of sub-section (1) of section 7 shall be entitled to an allowance of two hundred rupees per day for holding the proceedings of the said Committee and also the reimbursement of travel cost incurred in travelling by train in three tier air condition or air conditioned bus and auto rickshaw or taxi, or the actual amount spent by him on travel, whichever is less.

The District Officer shall be responsible for the payment of allowances referred to in sub-rules (1) and (2).Complaint of sexual harassment. – For the purpose of sub-section (2) of Section 9,- (i) where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by –

(a) her relative or friend; or
(b) her co-worker; or
(c) an officer of the National Commission for Women or State Women’s Commission; or
(d) any person who has knowledge of the incident, with the written consent of the aggrieved woman;
(ii) where the aggrieved woman is unable to make a complaint on account of her mental incapacity, a complaint may be filed by-
(a) her relative of friend; or
(b) a special educator; or
(c) a qualified psychiatrist or psychologist; or
(d) the guardian or authority under whose care she is receiving treatment or care; or
(e) any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care;

(iii) where the aggrieved woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent;

(iv) where the aggrieved woman is dead, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir.Manner of inquiry into complaint.- (1) Subject to the provisions of section 11, at the time of filing the complaint, the complainant shall submit to the Complaints Committee, six copies of the complaint along with supporting documents and the names and addresses of the witnesses.

(2) On receipt of the complaint, the Complaints Committee shall send one of the copies received from the aggrieved woman under sub-rule (1) to the respondent within a period of seven working days. (3) The respondent shall file his reply to the complaint along with his list of documents, and names and addresses of witnesses, within a period not exceeding ten working days from the date of receipt of the documents specified under sub-rule (1).

(4) The Complaints Committee shall make inquiry into the complaint in accordance with the principles of natural justice.

(5) The Complaints Committee shall have the right to terminate the inquiry proceedings or to give an exparte decision on the complaint, if the complainant or respondent fails, without sufficient cause, to present herself or
himself for three consecutive hearings convened by the Chairperson or Presiding Officer, as the case may be: Provided that such termination or ex-parte order may not be passed without giving a notice in writing, fifteen days in advance, to the party concerned.

(6) The parties shall not be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the Complaints Committee.

(7) In conducting the inquiry, a minimum of three Members of the Complaints Committee including the Presiding Officer or the Chairperson, as the case may be, shall be present.

Other relief to complainant during pendency of inquiry.-The Complaints Committee at the written request of the aggrieved woman may recommend to the employer to-
(a) restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report, and assign the same to another officer;
(b) restrain the respondent in case of an educational institution from supervising any academic activity of the aggrieved woman.

Manner of taking action for sexual harassment.- Except in cases where service rules exist, where the Complaints Committee 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, to take any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service or undergoing a counselling session or carrying out community service.
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Action for false or malicious complaint or false evidence.- Except in cases where service rules exist, where the Complaints Committee arrives at the 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 District Officer, as the case may be, to take action in accordance with the provisions of rule 9.

Appeal.- Subject to the provisions of section 18, any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clauses (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 appellate authority notified under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946).

Penalty for contravention of provisions of section 16.- Subject to the provisions of section 17, if any person contravenes the provisions of section 16, the employer shall recover a sum of five thousand rupees as penalty from such person.

Manner to organise workshops, etc.– Subject to the provisions of section 19, every employer shall-

(a) formulate and widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women;

(b) carry out orientation programmes and seminars for the Members of the Internal Committee ;

(c) carry out employees awareness programmes and create forum for dialogues which may involve
Panchayati Raj Institutions, Gram Sabha, women’s groups, mothers’ committee, adolescent groups,
urban local bodies and any other body as may be considered necessary;

(d) conduct capacity building and skill building programmes for the Members of the Internal Committee;

(e) declare the names and contact details of all the Members of the Internal Committee;

(f) use modules developed by the State Governments to conduct workshops and awareness programmes
for sensitising the employees with the provisions of the Act.Preparation of annual report.- The annual report which the Complaints Committee shall prepare under
Section 21, shall have the following details:-

(a) number of complaints of sexual harassment received in the year;
(b) number of complaints disposed off during the year;
(c ) number of cases pending for more than ninety days;
(d) number of workshops or awareness programme against sexual harassment carried out;
(e) nature of action taken by the employer or District Officer.

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