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Section Overview: POSH Act, 2013

All 30 sections organised by chapter. The content below currently provides a structural overview of each section pending legal verification against the official India Code source.

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Note: The content below is temporary structural and explanatory content, not a verbatim reproduction of the POSH Act. Complete statutory text and legal commentary will be integrated after separate legal verification.

Chapter I

Preliminary

Section 1. Short title, extent and commencement

Provisional explanatory content — not a verbatim reproduction of the Act.

This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

It extends to the whole of India.

It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

Provisional explanatory content — not a verbatim reproduction of the Act.

"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 dwelling place or house, a woman, of any age, who is employed in such dwelling place or house;

"appropriate Government" means— (i) in respect of a workplace established, owned, controlled or wholly or substantially financed by the Central Government, or an authority, body or enterprise owned, controlled or funded by the Central Government, the Central Government; (ii) in respect of a workplace established, owned, controlled or wholly or substantially financed by the State Government, or an authority, body or enterprise owned, controlled or funded by the State Government, or a workplace not covered under sub-clause (i), the State Government;

"Chairperson" means the Chairperson of the Local Committee nominated under sub-section (1) of section 7;

"District Officer" means an officer notified under section 5;

"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;

"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;

"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 may, by notification, specify; (ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace;

"Internal Committee" means the Internal Complaints Committee constituted under section 4;

"Local Committee" means the Local Complaints Committee constituted under section 6;

"Member" means a member of the Internal Committee or the Local Committee, as the case may be;

"prescribed" means prescribed by rules made under this Act;

"Presiding Officer" means the Presiding Officer of the Internal Committee nominated under sub-section (1) of section 4;

"respondent" means a person against whom the aggrieved woman has made a complaint under section 9;

"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;

"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, entertainment, industrial, health services or financial activities; (iii) any hospital or nursing home; (iv) any sports institute, stadium, sports complex or competition or games venue; (v) any place visited by the employee arising out of or during the course of employment; (vi) a dwelling place or a house;

"unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or services and employing less than ten workers;

Section 3. Prevention of sexual harassment

Provisional explanatory content — not a verbatim reproduction of the Act.

No woman shall be subjected to sexual harassment at any workplace.

The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:—

implied or explicit promise of preferential treatment in her employment; or

implied or explicit threat of detrimental treatment in her employment; or

implied or explicit threat about her present or future employment status; or

interference with her work or creating an intimidating, offensive or hostile work environment for her; or

humiliating treatment likely to affect her health or safety.

Chapter II

Constitution of Internal Complaints Committee

Section 4. Constitution of Internal Committee

Provisional explanatory content — not a verbatim reproduction of the Act.

Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the Internal Complaints Committee:

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 every administrative unit or office.

The Internal Committee shall consist of the following members to be nominated by the employer, namely:—

a Presiding Officer who shall be a woman employed at a senior level at the workplace from amongst the employees:

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);

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 within the district where the office is located;

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;

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:

at least one-half of the total Members so nominated shall be women.

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.

The Presiding Officer or any Member of the Internal Committee shall, notwithstanding the expiry of the period specified under sub-section (3), continue to hold office until the new Presiding Officer or Member, as the case may be, is nominated.

The employer shall, while nominating Members under sub-section (2), take into account the following provisions, namely:—

one-half of the total Members shall be women;

the Presiding Officer and all the Members shall be the employees of the organisation;

the Members other than those referred to in clauses (a) and (b) shall be drawn from persons familiar with the issues relating to sexual harassment and may be from non-governmental organisations or associations committed to the cause of women or any other person familiar with the issues relating to sexual harassment.

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:—

summoning and enforcing the attendance of any person and examining him on oath;

requiring the discovery and production of documents; and

any other matter which may be prescribed.

The employer shall provide necessary facilities to the Internal Committee for dealing with the complaints and conducting inquiries.

The Internal Committee shall make an annual report to the employer and the District Officer regarding the number of cases filed and disposed of.

Chapter III

Constitution of Local Complaints Committee

Section 5. Notification of District Officer

Provisional explanatory content — not a verbatim reproduction of the Act.

The appropriate Government may by notification in the Official Gazette appoint a District Officer for every district to exercise and perform such powers and functions under this Act, as may be prescribed.

The District Officer may designate an officer in each block, taluka and tehsil or ward, as the case may be, to be known as the Nodal Officer, to forward complaints to the concerned Local Committee within a period of seven days from the date of receipt of such complaint.

Section 6. Constitution and jurisdiction of Local Committee

Provisional explanatory content — not a verbatim reproduction of the Act.

The District Officer shall constitute 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.

The complaints referred to under sub-section (1) may be forwarded to the Local Committee through the Nodal Officer.

Section 7. Composition, tenure and other terms and conditions of Local Committee

Provisional explanatory content — not a verbatim reproduction of the Act.

The Local Committee shall consist of the following members to be nominated by the District Officer, namely:—

a Chairperson who shall be a woman of eminence, preferably from the field of social work and committed to the cause of women;

one Member from amongst the women working in the block, taluka, tehsil, ward or municipality in the district;

two Members, of whom at least one shall be a woman, 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:

at least one of the nominees should, preferably, have a background in law or legal knowledge;

the concerned officer dealing with the social welfare or women and child development in the district, shall be an ex officio Member.

The Chairperson and every Member of the Local Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the District Officer.

Section 8. Grants and audit

Provisional explanatory content — not a verbatim reproduction of the Act.

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 towards the payment of fees or allowances to the members of the Local Committee.

The accounts of the Local Committee shall be maintained in such form and manner as may be prescribed and shall be subject to audit as may be prescribed.

Chapter IV

Complaint

Section 9. Complaint of sexual harassment

Provisional explanatory content — not a verbatim reproduction of the Act.

Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee or the Local Committee, as the case may be, 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:

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 aggrieved woman from filing a complaint within the said period.

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

Provisional explanatory content — not a verbatim reproduction of the Act.

The Internal Committee or 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:

no monetary settlement shall be made as a basis of conciliation.

Where a settlement has been arrived at under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall forward the same to the employer or the District Officer to take action as recommended in the settlement.

Section 11. Inquiry into complaint

Provisional explanatory content — not a verbatim reproduction of the Act.

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:

where no such service rules exist, the Internal Committee or the Local Committee, as the case may be, shall inquire into the complaint in such manner as may be prescribed.

Where the respondent is not an employee, the Internal Committee or the Local Committee, as the case may be, if prima facie case exists, shall forward the complaint to the police within a period of seven days for registering the case under section 509 of the Indian Penal Code or any other relevant provision of that Code, as the case may be.

For the purpose of making an inquiry under sub-section (1), the Committee 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:—

summoning and enforcing the attendance of any person and examining him on oath;

requiring the discovery and production of documents; and

any other matter which may be prescribed.

The inquiry under sub-section (1) shall be completed within a period of ninety days from the date on which the inquiry was commenced.

Chapter V

Inquiry into Complaint

Section 12. Action during pendency of inquiry

Provisional explanatory content — not a verbatim reproduction of the Act.

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—

transfer the aggrieved woman or the respondent to any other workplace; or

grant leave to the aggrieved woman up to a period of three months; or

grant such other relief to the aggrieved woman as may be prescribed.

The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled to.

On the recommendation of the Internal Committee or the Local Committee, as the case may be, the employer shall implement the recommendations made under sub-section (1) and send the report of implementation to the Internal Committee or the Local Committee, as the case may be.

Section 13. Inquiry report

Provisional explanatory content — not a verbatim reproduction of the Act.

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 the District Officer, as the case may be, within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties.

Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer or the District Officer, as the case may be, that no action is required to be taken in the matter.

Where the Internal Committee or the Local Committee, as the case may be, arrives at a 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 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 exist, in such manner as may be prescribed;

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 her legal heirs, as the case may be, as compensation.

For the purpose of making deduction under sub-section (3), the Internal Committee or the Local Committee, as the case may be, shall make the recommendation having regard to the provisions of section 15.

The employer or the District Officer, as the case may be, shall act upon the recommendation within sixty days of its receipt by him.

Section 14. Punishment for false or malicious complaint and false evidence

Provisional explanatory content — not a verbatim reproduction of the Act.

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 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 the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed.

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 forged or misleading documents, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action against the witness 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.

a mere inability to substantiate a complaint or to provide adequate proof need not attract action against the complainant or the witnesses under this section.

For the removal of doubts, it is hereby declared that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure established, before any action is recommended under this section.

Section 15. Determination of compensation

Provisional explanatory content — not a verbatim reproduction of the Act.

For the purpose of making an order of deduction from the salary or wages of the respondent under section 13, the Internal Committee or the Local Committee, as the case may be, shall have regard to—

the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;

the loss in the career opportunity due to the incident of sexual harassment;

medical expenses incurred by the victim for physical or psychiatric treatment;

the income and financial status of the respondent;

the feasibility of such payment in lump sum or in instalments.

Section 16. Prohibition of publication or making known contents of complaint and inquiry proceedings

Provisional explanatory content — not a verbatim reproduction of the Act.

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 said provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner:

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

Provisional explanatory content — not a verbatim reproduction of the Act.

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

Provisional explanatory content — not a verbatim reproduction of the Act.

Any person aggrieved by the recommendations made under sub-section (2) of section 13 or section 14 or non-implementation of such recommendations or orders under the provisions of this Act, 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, in such manner as may be prescribed.

such appeal shall be preferred within a period of ninety days of the recommendations or order.

Chapter VI

Duties of Employer

Section 19. Duties of employer

Provisional explanatory content — not a verbatim reproduction of the Act.

Every employer shall—

provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;

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;

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;

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;

assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;

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;

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 in force;

cause to initiate action under the Indian Penal Code 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;

treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;

monitor the timely submission of reports by the Internal Committee under section 21.

Chapter VII

Duties and Powers of District Officer

Section 20. Duties and powers of District Officer

Provisional explanatory content — not a verbatim reproduction of the Act.

The District Officer shall,—

monitor the timely submission of reports furnished by the Local Committee; and

take such measures, including engaging non-governmental organisations, as may be necessary for creating awareness on the issues relating to sexual harassment under this Act.

Chapter VIII

Miscellaneous

Section 21. Committee to submit annual report

Provisional explanatory content — not a verbatim reproduction of the Act.

The Internal Committee or, as the case may be, the Local Committee 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.

Section 22. Employer to include information in annual report

Provisional explanatory content — not a verbatim reproduction of the Act.

The employer shall include in his report the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation or, if the employer is not required to prepare any annual report, he shall intimate the number of cases, if any, and their disposal to the District Officer.

Section 23. Appropriate Government to monitor implementation and maintain data

Provisional explanatory content — not a verbatim reproduction of the Act.

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 filed under this Act.

Section 24. Appropriate Government to take measures to publicise this Act

Provisional explanatory content — not a verbatim reproduction of the Act.

The appropriate Government, subject to such rules as may be made under this Act, shall,—

develop relevant information, education, communication and training materials and organise awareness programmes, which may be disseminated and forwarded to the District Officer and the employers, to advance the understanding of the public on the provisions of this Act;

formulate orientation and training programmes for the members of the Local Committee;

cause to be formulated and implemented schemes for the orientation and training of the members of the Local Committee; and

promote schemes and programmes for the members of the Local Committee and nodal officers for sensitising them to the provisions of this Act and the rules and regulations made thereunder.

The appropriate Government may, while formulating the schemes under sub-section (1), consult the stakeholders including non-governmental organisations.

Section 25. Power to call for information and inspection of records and workplace

Provisional explanatory content — not a verbatim reproduction of the Act.

The appropriate Government may, on its own or on a request made to it, call for the information in writing from the employer or the District Officer in respect of the implementation of this Act.

The appropriate Government may appoint officers to inspect the records and the workplace in relation to the implementation of this Act and to secure compliance with the provisions of this Act.

Every employer or the District Officer shall produce such records and documents for inspection before the officer appointed under sub-section (2) as may be required by him.

Section 26. Penalty for non-compliance with provisions of Act

Provisional explanatory content — not a verbatim reproduction of the Act.

Where the employer fails to—

constitute an Internal Committee under sub-section (1) of section 4;

take action under sections 13, 14 and 22; or

contravene any other provision of this Act or any rules made thereunder,

the employer shall be punishable with fine which may extend to fifty thousand rupees.

If any employer, after having been previously convicted of an offence punishable under this Act, commits and is convicted of the same offence, the employer shall be liable to—

double the punishment which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence; and

cancellation of, or non-renewal of, or refusal to grant licence, withdrawal, or non-renewal, or refusal of registration, as the case may be, required for carrying on the business or activity by such employer.

Section 27. Cognizance of offence by courts

Provisional explanatory content — not a verbatim reproduction of the Act.

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 the Local Committee, as the case may be, in this behalf.

No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Every offence under this Act shall be non-cognizable.

Section 28. Act not in derogation of any other law

Provisional explanatory content — not a verbatim reproduction of the Act.

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

Provisional explanatory content — not a verbatim reproduction of the Act.

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

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:—

the fees and allowances to be paid to the members of the Local Committee under section 8;

the form of, and the time within which, a complaint shall be made under sub-section (1) of section 9;

the manner of making inquiry and the procedure to be followed under section 11;

the manner of conciliation under section 10;

the manner of recommendation for interim relief under section 12;

the manner and the form in which the annual report is to be submitted under section 21;

the manner of training to be provided to the members of the Internal Committee under clause (d) of sub-section (1) of section 19;

the manner of creating awareness under clause (e) of sub-section (1) of section 19; and

the manner of appeal under section 18.

Every rule made under this Act by the Central Government 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.

The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

Section 30. Power to remove difficulties

Provisional explanatory content — not a verbatim reproduction of the Act.

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 appear to it to be necessary or expedient for removing the difficulty.

Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

No order shall be made under this section after the expiry of two years from the commencement of this Act.