Dear all
For information pleaseregards
---------- Forwarded message ----------
From: Palaniappan <palaniappannachiappan@gmail.com>
Date: Sun, Jul 28, 2013 at 8:10 AM
Subject: [CSMysore] Prevention of Sexual Harassment Act, 2013
To: cschennai <cschennai@googlegroups.com>, csmysore <csmysore@googlegroups.com>
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From: Palaniappan <palaniappannachiappan@gmail.com>
Date: Sun, Jul 28, 2013 at 8:10 AM
Subject: [CSMysore] Prevention of Sexual Harassment Act, 2013
To: cschennai <cschennai@googlegroups.com>, csmysore <csmysore@googlegroups.com>
Dear All,
Yesterday, CS Chennai West Study Circle conducted a Seminar on the Topic "Prevention of Sexual Harassment Act, 2013". Following are some of the points observed by me in the meeting;
- This act is effective from April 23, 2013 (date of publication of the act in Government Gazette).
- This act is gender specific and only covers any sexual harassment against women employee and women domestic worker. However, the Companies in their internal policies can cover male and trans-gender employees.
- This act covers even visitor to the work place. A visitor to work place can make a compliant under this act. This act further covers all employees, contract workers, trainees or any other person employed in the work place.
- The definition of work place includes any place visited by employee during the course of work and included transportation provided by employees.
- The Companies needs to form Internal Compliant Committee to look into compliant on Sexual Harassment.
- The Internal Compliant Committee should comprise of presiding officer, who shall be a women employed at senior level at work place, not less than two members among the employees, who has experience in social work or have legal knowledge and one member from NGO, who is familiar with issues relating to sexual harassment. Atleast one half of the members so nominated to the committee should be women.
- The Internal Compliant Committee needs to individually constituted at all administrative office/work place, where number of the employees are more than 10. This committee is required, even if there is no women employee in the particular work place and number of employees in the particular work place is more than 10.
- Incase senior women employee or other members are not available in the particular location/office of the Company, the senior employee in some other location of the Company can be considered for forming the committee in the respective location/work place.
- Each member nominated to the Committee will have the tenure of three years.
- NGO member will be eligible for any fees and other allowance as may be prescribed.
- The appropriate Government will constitute Local Compliant Committee. Wherever number of employees is less than 10 and Internal compliant committee is not formed by the employer, then, workmen can make a compliant to Local Complaint Committee.
- Any Compliant of Sexual Harassment needs to be made within 3 months to Compliant Committee. Incase of continuous harassment within 3 months from the date of last harassment.
- Internal Compliant Committee will enquire into the Complaint as per their service rules. Incase of prima facie evidence exist, then, Company can forward the case to police within a period of seven days to register the case under Section 509 of IPC.
- Internal Compliant Committee before enquiry at the request of aggrieved women to take steps to settle the matter between her and respondent through conciliation. If settlement is made then, no further enquiry shall be conducted by Internal Compliant Committee.
- Internal Committee will have same powers of Civil Court to call for any records and summon and enforce the attendance of any person.
- Enquiry needs to be completed in three months time. During enquiry, the aggrieved women can be transferred at her request to other work place or granted leave(in additional to other leave) as per the recommendation of the Internal Compliant Committee.
- Internal Committee needs to submit its report within 10 days from date of completion of enquiry. Incase allegations are proved, then, employer needs to take action as per service rules and further as per recommendation of the Internal Committee, the employer can order respondent to pay appropriate sum as it may determine.
- Incase the allegation against the respondent is malicious, then, internal compliant committee can recommend suitable action against the complainant.
- An person aggrieved from the recommendation of the Internal Committee, can make an appeal to court or tribunal in accordance with provisions of service rules.
- Every employer needs to display at any conspicuous place, the penal consequence of sexual harassment and composition of Internal Compliant Committee.
- Every Employer needs to disclose in their annual report the number of cases filed and their disposal under this act.
- Employer will be fined upto Rs. 50,000/-, incase of contravention of offence for first time. Any subsequent contravention involves twice the penalty and cancellation of his license for carrying on his business activity.
Rgds…Pal
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CS A RENGARAJAN,, B.Com ,FCS, LLB, PGDBM
Company Secretary, Chennai
Company Secretary, Chennai
CONVENOR, CHENNAI WEST STUDY CIRCLE ICSI-SIRC
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