Preliminary - Chapter I

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1. (1) This Act may be called the Prohibition of sexual harassment of women at workplace bill, 2010
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It  shall  come  into  force  on  such  date  as  the Central  Government  may,  by  notification   in  the Official Gazette, appoint.
 
2. In this Act, unless the context otherwise requires,-
 
(a) “aggrieved woman” in relation to a work  place means a woman, against whom an act of sexual harassment has been or alleged to have been committed and includes an employee, student, research scholar, patient, etc.;
 
(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 Local 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;
 
 
(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” 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;
 
(ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial or financial activities including production, supply, sale, distribution or service;
 
(iii) a house or dwelling place;
 
(iv) any place, vehicle either by air, land, rail or sea 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.
 
(m) “National Commission” means the National Commission  for Women constituted   under the national Commission for women Act 1990
 
(o) “State Commission” means the state commissions for women constituted in the respective states
 
3.At any workplace, no woman, 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, but is not limited to -
 
(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
 
(v) Humiliating conduct constituting health and safety problems.

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