THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSEMENT AT WORKPLACE BILL, 2007

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.

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