Sexual Harassment of Women at their Work Place
(Prevention) Bill, 2003

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  1. Third party harassment : Where sexual harassment occurs as a result of an action or mission by any third party or outsider, employer and person incharge will take all necessary and reasonable steps to assist the affected person in terms of support and preventive action.

  2. Special Officers to deal with the cases in the government office :
    1. The appropriate government shall designate an female officer, to be the Special Officer in every department or officer under its jurisdiction to deal with cases arising out of this Act.

    2. The Government shall widely publicize the designation and duties of such Officer in every department or office.

    3. The Special Officer so designated shall deal with complaints lodged by female employees in her department or office or establishment and shall forward it to the Complaint Committee, constituted under section 14, and the Complaint committee shall complete the report within six months from the date of receiving such complaints.

  3. District Level Officer for every district :

    1. The appropriate government shall appoint a female District Level Officer other than those covered under section 6 (1), for every district to deal with cases arising out of provisions of this Act within the jurisdiction of that district.

    2. The District Level Officer specified in clause (i) shall be based in Labour Department and shall look after the complaints of sexual harassment at workplace by all women of the district irrespective of whether they are employed in organised or unorganised sector or are self employed.

  4. District Level Officer to make inquiries : As soon as a complaint has been lodged with the District Level Officer, she shall investigate the matter and shall direct the concerned employer to forward it to the Complaints Committee constituted under section 14 to future inquire into the facts and circumstances of the complaint and send a report to her in a time bound manner.

  5. District Level Officer to ensure action against guilty : If after inquiry, the District Level Officer receives a report against any person guilty of violating the provisions of this Act, she shall -

    1. in case the guilty is an employee of the Government, ensure that disciplinary action is taken against him by appropriate authority.

    2. in case the guilty (harassed) is not employed in Government service ensure that the employer or other person in charge of the affairs of the organisation where harasser is employed takes necessary action in accordance with the provisions of this Act.

  6. Duty of the Employer :

    1. It shall be the duty of the employer to inform the Complaints Committee and District Level Officer about the disciplinary action initiated against the accused.

    2. Where the employer himself is the accused the District level officer shall be empowered to initiate the disciplinary action against such employer in accordance with the service rules.

  7. Non compliance of the report of District Level Officer : When no action has been taken by the employer or the person in charge or the affairs of the organisation where the accused is employed, on a report by the District Level Officer.

    1. in case it is an office or establishment under the control of the appropriate Government, the appropriate Government may terminate the services of both the accused person and the person in charge of the office where the victim is working.

    2. in case the work place where the victim is employed is not under the control of government, the facilities and concessions extended to that organisation by the appropriate government shall be withdrawn forthwith.

  8. Power of the District Level Officer : A District Level Officer while discharging her functions under the provisions of this Act shall have the powers of a Civil Court and the proceedings thereof shall be in accordance with the Code of Civil Procedure, 1908.

  9. Workers initiative : Employees should be allowed to raise issues of sexual harassment at worker's meeting and in other appropriate forum, and it shall be affirmatively discussed in employer-employee meetings.

  10. Power to make rules : The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
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