PoSH Snippet of the Act of 2013 V11

Section 9 - COMPLAINT OF SEXUAL HARASSMENT

 Any aggrieved women may make a complaint in writing within the period of three (03) months from the date of the last incident.  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 may make a complaint on her behalf.

Section 10 - CONCILIATION

 Committee tries to resolve the issue between parties through conciliation.  No monetary settlement or consideration is made the basis of any such conciliation.  After conciliation, the closure report may be forward to the deputy officer/employer.  Provide the copies of conciliation to both the parties.  The conciliation is done, and then no further inquiry is to be conducted.

Section 11 - INQUIRY INTO COMPLAINT

 The committee 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.  If informed about the term or condition of the settlement parties shall be given an opportunity of being heard and a copy of the findings should be given.  The committee shall have the same powers as are vested in a civil court.

Section 12 - ACTION DURING PENDENCY OF INQUIRY

 Transfer the aggrieved woman or the respondent to any other workplace; or  Grant fully paid leave to the aggrieved woman for up to a period of three months; or  Grant such other relief to the aggrieved woman as may be prescribed.

Section 13 - INQUIRY REPORT

 The findings are to be reported to the employer within a period of ten (10) days from the completion of inquiry.  If found guilty (i) to take actions for sexual harassment. (ii) To deduct salary/wages.  The employer or the District Officer shall act upon the recommendations recommended by the Internal Committee or Local Committee towards the case conclusion, within sixty (60) days of its receipt by him.

Section 19 - DUTIES OF EMPLOYER

 A safe working environment.  Organize workshops and awareness programmes.  Providing necessary facilities for dealing with the complaint and conducting an inquiry.  Assist in resolving the reported cases.  Make available information as when asked by the ICC.

For internal circulation only

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