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

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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 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 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.