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Taxmann's Sexual Harassment of Women at Workplace Act 2013 with Rules

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Contents SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 PAGE

CHAPTER I PRELIMINARY 1. Short title, extent and commencement

1

2. Definitions

2

3. Prevention of sexual harassment

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CHAPTER II CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE 4. Constitution of Internal Complaints Committee

6

CHAPTER III CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE 5. Notification of District Officer

8

6. Constitution and jurisdiction of Local Committee

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

8

8. Grants and audit

9

I-5


CONTENTS

I-6 PAGE

CHAPTER IV COMPLAINT 9. Complaint of sexual harassment

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10. Conciliation

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11. Inquiry into complaint

12 CHAPTER V

INQUIRY INTO COMPLAINT 12. Action during pendency of inquiry

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13. Inquiry report

14

14. Punishment for false or malicious complaint and false evidence

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15. Determination of compensation

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

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17. Penalty for publication or making known contents of complaint and inquiry proceedings

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18. Appeal

18 CHAPTER VI DUTIES OF EMPLOYER

19. Duties of employer

19 CHAPTER VII

DUTIES AND POWERS OF DISTRICT OFFICER 20. Duties and powers of District Officer

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CHAPTER VIII MISCELLANEOUS 21. Committee to submit annual report

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22. Employer to include information in annual report

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23. Appropriate Government to monitor implementation and maintain data

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24. Appropriate Government to take measures to publicise the Act

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25. Power to call for information and inspection of records

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CONTENTS PAGE

26. Penalty for non-compliance with provisions of Act

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27. Cognizance of offence by courts

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28. Act not in derogation of any other law

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29. Power of appropriate Government to make rules

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30. Power to remove difficulties

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SUBJECT INDEX

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SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) RULES, 2013 1. Short title and commencement

27

2. Definitions

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3. Fees or allowances for Member of Internal Committee

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4. Person familiar with issues relating to sexual harassment

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5. Fees or allowances for Chairperson and Members of local committee

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6. Complaint of sexual harassment

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7. Manner of inquiry into complaint

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8. Other relief to complaint during pendency of inquiry

30

9. Manner of taking action for sexual harassment

30

10. Action for false or malicious complaint or false evidence

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11. Appeal

30

12. Penalty for contravention of provisions of section 16

30

13. Manner to organise workshops, etc.

30

14. Preparation of annual report

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [14 OF 2013]1

An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India; AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (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.

1. Dated 22-4-2013.

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S. 2

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013

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(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. 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 dwelling place or house, a woman of any age who is employed in such a dwelling place or house; (b) “appropriate Government” means— (i) in relation to a workplace which is established, owned, controlled or wholly or substantially 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; (c) “Chairperson” means the Chairperson of the Local Complaints Committee nominated under sub-section (1) 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 full 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 2. With effect from 9-12-2013.


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SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013

S. 2

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 policies for such organisation; (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; (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; (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;


SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION PROHIBITION AND REDRESSAL) ACT 2013 WITH RULES – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE

: : : : : : :

TAXMANN’S EDITORIAL BOARD TAXMANN DECEMBER 2025 2026 EDITION 9789375610564 40 PAPERBACK

Rs. 95

DESCRIPTION Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 with Rules [Bare Act with Section Notes] by Taxmann is a definitive legal reference that provides the complete text of the Act, comprehensive section notes, and accompanying rules. The 2026 Edition is fully updated with the latest amendments, judicial interpretations, and practical insights, serving as both a statutory guide and an interpretative tool to protect women’s rights at work. The book features the bare act, explanatory commentary, illustrative case laws, and cross-references, covering everything from initial definitions to detailed complaint procedures. This book is intended for the following audience: •

Legal Practitioners & Academicians

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HR Professionals & Corporate Legal Departments

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Government Officials & Policy Makers

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Women’s Rights Advocates & Social Workers

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Judiciary & Legal Aid Providers

The Present Publication is the 2026 Edition, covering the amended and updated text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act [Act No. 14 of 2013] and Rules, with the following noteworthy features: •

[Complete Statutory Text] Includes the full, unabridged text of the Act and its rules

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[Updated Analysis] Reflects the latest amendments and judicial interpretations

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[Pre-amendment Provisions] Provides footnotes with pre-amendment texts for context

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[Extensive Section Notes] Offers detailed commentary and annotations for clarity

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[Practical Insights] Contains examples, explanatory lists, and case law summaries for practical application

•

[User-friendly Format] Organised with clear headings, a detailed table of contents, and a comprehensive index for quick reference

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