7. (1) An aggrieved woman may make a complaint of sexual harassment at workplace to the Committee or the Local Committee, or to the Commission ,as the case may be, in writing:
Provided that where such complaint cannot be made in writing, the Chairperson or any member of the Committee or the Local Committee, as the case may be, shall render all reasonable assistance to the woman making the complaint to reduce the same in writing.
Provided further that a complainant may file a complaint to the local committee or to the Commission where the Committee has not been constituted by the employer of any work place, or where the complaint is against the employer
(2) Where the aggrieved woman is not able to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
(3) Where a complaint is made before the National or the State Commission for women, the commission may in the first instance direct the employer or the district officer to enquire into the matter and in cases where a complaint is against the employer himself and where the circumstances warrant so, the commission may itself conduct the enquiry in accordance with the procedure prescribed under the Act
8. (1) At the request of the aggrieved woman the Committee or the Local Committee, as the case may be, may, before initiating enquiry under this Act, take steps to settle the matter between her and the respondent through conciliation.
(2) Where a settlement is arrived at under sub- section (1), the Committee or the Local Committee, as the case may be, shall record the settlement and recommend to the employer or the District Officer to take action as prescribed in the reconciliation statement.
(3) The Committee or the Local Committee , as the case may be, shall provide the copies of the settlement recorded under sub-section (2) to the aggrieved woman and the respondent.
(4) Where a settlement is arrived at under sub- section (1), no further enquiry shall be conducted by the Committee or the Local Committee, as the case may be.
9. (1) Where conciliation under sub-section (1) of section 8 is not arrived at, the Committee or the Local Committee, as the case may be, shall, subject to the provisions of section 14, proceed to make enquiry into the complaint in accordance with its service and conduct rules /standing orders /policies and where no such rules exist then in such a manner as may be prescribed:
Provided that where the aggrieved woman informs the Committee or the Local Committee, as the case may be, that any term or condition of the conciliation arrived at under sub-section (1) of section 8 has not been complied with by the respondent, the Committee or the Local Committee shall also proceed to make inquiry into the complaint.
(2) The Committee or the Local Committee, as the case may be, shall have such powers for the purpose of making enquiry under sub-section (1) as may be prescribed.
(3) The enquiry under sub-section (1) shall be completed within a period of ninety days.
(4) Where the Committee or the Local Committee, as the case may be, fails to complete the enquiry within the period specified under sub-section (3), the employer or the District Officer, as the case may be, may take such action as may be prescribed.
(5) In cases where the allegation of Sexual Harassment is against the employer of the aggrieved woman, or against the person in charge of the workplace concerned, she may lodge the complaint with the national or state commission or to the local complaints Committee if she so chooses;
Provided further that every employer of the workplace shall ensure that the chairperson of the Committee be sufficiently senior to the person against whom a complaint has been made and where the defendant employed in a workplace or organization holds a senior position as head of the workplace or is the employer or is the person in charge of the workplace concerned, the appropriate Government shall appoint a ad hoc committee headed by a chairperson who shall be senior in rank and status to the defendant or provide the option to the complainant to lodge the complaint with the local complaint committee or with the national or state women commissions
Careers
