Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Bare Act
Chapter I
Section
Short title, extent and commencement.
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
shal1 come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Section 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 a dwel1ing place or house, a woman of any age who is employed in
such a dwelling place or house;
a.
b. "appropriate
Government" means-
i. in
relation to a workplace which is established, owned, controlled or wholly or
substantial1y 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;
a.
b.
c. "Chairperson"
means the Chairperson of the Local Complaints Committee nominated under
sub-section (l) of section 7;
d. "District
Officer" means an 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 ful1 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;
i.
ii.
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;
a.
b.
c.
d.
e.
f.
g.
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;
n. "sexual
harassment" includes any one or more of the following unwelcome acts or
behaviour (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;
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
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 provided 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.
Section 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 persent
in relation to or connected with any act or behaviour 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
Internal Complaints Committee
Section
Constitution of Internal
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":
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.
1.
2. The
Internal Committee 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 (l):
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;
a.
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.
1.
2.
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
Local Complaints Committee
Section
Notification of District
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.
Section 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" 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.
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 Local Complaints
Committee within a period of seven days.
3. The
jurisdiction of the Local Complaints Committee shall extend to the areas of the
district where it is constituted.
Section 7
Composition. tenure and
other terms and conditions c1f Local Complaints Committee
1. The
Local Complaints 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;
a.
b.
c.
d. the
concerned officer dealing with the social welfare or women and child
development in the district, shall be a member ex officio.
1.
2. The
Chairperson and every Member of the Local Committee shall hold office for such
period, not exceeding three years, from the date of their appointment as may be
specified by the District Officer.
3. Where
the Chairperson or any Member of the Local Complaints Committee- -
a.
b.
c.
d.
e. contravenes
the provisions of section 16; or
f. 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
g. has
been found guilty in any disciplinary proceedings or a disciplinary proceeding
is pending against him; or
h. 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.
1.
2.
3.
4. The
Chairperson and 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.
Section 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 Government may 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
Section
Complaint of sexual
Chapter IV Complaint
9. Complaint of sexual
harassment
1. Any
aggrieved woman may make, in writing, a complaint of sexual harassment at work
place 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.
1.
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.
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
a settlement has been arrived at under sub-section (I), 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.
Section 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, and any other relevant provisions of the said
Code where applicable:
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, 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 (I), the Internal Committee.
or the Local Committee, as the case may be, shall have the same powers as are
vested in a civil court under the Code of Civil Procedure, 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.
1.
2.
3.
4. The
inquiry under sub-section (I) shall be completed within a period of ninety
days.
Chapter V
Complaint
Section
Action during pendency
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 as may be prescribed.
1.
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.
Section 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 often
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.
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:
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.
1.
2.
3.
4. The
employer or the District Officer shall act upon the recommendation within sixty
days of its receipt by him. Punishment for false or malicious complaint and
false evidence
Section 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
(I) 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.
Section 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 installments.
Section 16
Prohibition of
publication or making known contents of complaint and inquiry proceedings
Notwithstanding anything
contained in the Right to Information Act, 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.
Section 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.
Section 18
Appeal 1
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 (l) 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
Section
Duties of employer.
Chapter VI Duties of Employer
19. Duties of employer.
Every employer shall-
a. provide
a safe working environment at the workplace which 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
subsection (I) 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 or any other law for the time being
45 of 1860. in force;
h. cause
to initiate action, under the Indian Penal Code or any other law for the 45
of 1860. 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;
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
Powers of District Officer
Section
Duties and powers of
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 reports 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
Section
Committee to submit annual report
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.
Section 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.
Section 23
Appropriate Government
to monitor implementation and maintain data.
The appropriate Government
shall monitor the implementation of this Act and maintain data on the number of
cases filed and disposed of in respect of all cases of sexual harassment at
workplace.
Section 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 Local Complaints Committee.
Section 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.
Section 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;
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 there under, 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-CO 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;
i.
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.
Section 27
Cognizance of offence by
courts
1. No
court shall take cognizance of any offence punishable under this Act or any
rules made there under, 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.
Section 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.
Section 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 (I) 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 (I) of section 11;
f. the
powers for making an inquiry under clause (c) of sub-section (2) of section I
I;
g. the
relief to be recommended under clause (c) of sub-section (I) 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;
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 (I) of section 21.
1.
2.
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.
Section 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.
1.
2. Every
order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
Section
Section
Corrigenda
THE PREVENTION, OF MONEY-LAUNDERINGDERING
(AMENDMENT) ACT, 201
(2 of 2013)
At page 18, in line 2, for
"Arts", read "Art".
At page 21, in line 14, for
"Protection", read "(Protection)".
CORRIGENDUM
THE UNLAWFUL ACTIVITIES
(PREVENTION) AMENDMENT ACT, 2012 (3 of 2013)
At page 6, in line 22, for
"clause", read "clause".
CORRIGENDUM
THE BANKING LAWS (AMENDMENT)
ACT, 2012 (4 of 2013)
At page 8, in line 29, for
'sections 30",' read 'section 30,",'.
CORRIGENDUM
THE APPROPRIATION ACT, 2013
(90f2013)
At page I, in the marginal
heading to section 2, for "4715,54,00,000",
read"497I5,54,00,000".
