THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSEMENT AT WORKPLACE BILL, 2007
A BILL
to
provide for prevention and redressal of sexual harassment of women at workplace
and for matters connected therewith or incidental thereto.
BE it
enacted by Parliament in the Fifty-eighth Year of the Republic of India as
follows:-
CHAPTER I
PRILIMINARY
1. (1) This Act may be
called the Protection of Women against Sexual Harassment at Workplace Act,
2007.
(2) It extends to the whole of India.
(3) It shall come
into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
Short title, extent and
commencement.
2. In this Act, unless the context otherwise
requires,-
(a) "aggrieved woman" means any woman employee against whom any
act of sexual harassment is alleged to have been committed;
(b)
"appropriate Government" means in relation to a workplace which is established,
owned, controlled or wholly or substantially financed by funds provided directly
or indirectly-
(i) by the Central Government or the Union territory
administration, the Central Government;
(ii) by the State Government,
the State Government.
(c) "Chairperson" means the Chairperson of
the Committee or of the District Committee, as the case may be;
(d)
"Committee" means an Internal Complaints Committee constituted under section
4;
(e) "District Officer" means an officer appointed under
section 5;
(f) "employee" means a person employed at a workplace
for any work on regular, temporary, ad-hoc or daily wage basis, either directly
or by 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 domestic worker, a co-worker, a contract worker,
probationer, trainee, apprentice or by any other name called;
(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 clause (i), any person
responsible for the management, supervision and control of the of the workplace;
(h) "Local Committee" means the Local Complaints Committee
constituted under section 6;
(i) "member" means a member of the Committee
or of the Local Committee, as the case may be;
(j) "prescribed"
means prescribed by rules made under this Act;
(k) "respondent"
means a person against whom a complaint has been made under section 7;
(l) "Workplace" means:-
(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, unit or service
provider carrying on commercial, professional, vocational, educational,
industrial or financial activities including production, supply, sale,
distribution or service;
(iii) a house or dwelling
place;
(iv) and includes any place visited by the employee arising
out of, or during and in the course of, employment;
(v)
"Unorganized Sector" which shall come within the meaning of "workplace", means
all private unincorporated enterprises including own account enterprises engaged
in any agriculture, industry, trade and/or business and includes sectors as
mentioned in the schedule, being illustrative.
3. No woman
employee at a work place shall be subjected to sexual harassment including
unwelcome sexually determined behavior, physical contact, advances, sexually
coloured remarks, showing pornography, sexual demand, request for sexual favours
or any other unwelcome conduct of sexual nature whether verbal, textual,
physical, graphic or electronic or by any other actions, which may include, -
(i) implied or overt promise of preferential treatment in
employment; or
(ii) implied or overt threat of detrimental treatment in
employment; or
(iii) implied or overt threat about the present or future
employment status;
(iv) conduct which interferes with work or creates an
intimidating or offensive or hostile work environment; or
(iv)
humiliating conduct constituting health and safety
problems.
Prevention of sexual harassment at workplace.
<< HOME PAGE - NEXT PAGE >>
Published by MyNation Foundation
Back to Home Page
Design Copyright © 2011.. Mynation.net,India