10. (1) During the pendency of enquiry, on a written request made by the aggrieved woman, the Committee or the Local Committee, as the case may be, may recommend to the employer to-
(a) transfer the aggrieved woman or the respondent to any other workplace; or
(b) grant leave to the aggrieved woman; or
(c) grant to the aggrieved woman any other relief which may be prescribed.
Provided that no woman shall be transferred except on her own request or suspended;And, The leave granted to her under this section will be in addition to the leave she would be entitled to otherwise if the case is proved;
(2) On the recommendation of the committee or the Local Committee, as the case may be, under sub-section (1), the employer or the District Officer may take such necessary action as may be deemed proper.
11. (1) On the completion of an enquiry under this Act, the Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, District officer. The report shall also be made available to all the concerned parties.
(2) Where the committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer or the District Officer that no action is required to be taken in the matter.
(3) Where the Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer to take action for misconduct in accordance with the provisions of the service rules/conduct rules or policies governing disciplinary matters applicable to the respondent
(4) Where the Local Committee, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be,
(a) to take action for misconduct in accordance with the provisions of the service rules conduct rules or policies governing disciplinary matters applicable to the respondent
(b) where no such service rules have been made, in such manner as may be prescribed;
(4) Where any recommendation has been made to the employer or the District Officer under sub-section (3) (4) he shall act upon the recommendation within sixty days of its receipt by him.
12. Where no service or disciplinary rules exist , the District officer may impose any of the following penalties
(a) Direct the employer to :-
(i) Obtain a written apology from the respondent or
(ii) suspend the respondent for a period not exceeding 15 days during which the respondent shall be entitled to such allowances as may be prescribed by the district officer or
(iii) terminate the respondent from service or
(b) Direct the employer or the respondent to pay to the respondent such sum of compensation to the aggrieved woman or to legal heirs, as it may determine, in accordance with the provisions of section 13; provided that Recovery form pay /salary/wages, in no case, shall exceed one-fourth of the salary/wage searned in that month;
(c) Revocation ,suspension of any licence or registration , for such period as may be specified, issued under any law for the time being in force ,provided that an opportunity to the employer/respondent to be heard, is afforded before initiating any action or
(d) Cessation as a beneficiary under any Central or State sponsored schemes
(e) Any other matter as may be prescribed
13. (1) For the purpose of determining the compensation to be paid to the aggrieved woman under clause (b) of section 12, the district officer, shall have regard to-
(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual harassment;
(c) medical expenses incurred by the victim for physical or psychiatric treatment;
(d) the income and financial status of the respondent;
(e) Feasibility of such payment in lump sum or in installments.
14. Where any compensation is ordered on the respondent or employer under section 12 is not paid,-
(i) the District officer may recover the amount so payable by detaining or selling the goods belonging to such person which are under his control; or
(ii) If the amount cannot be recovered from such person in the manner provided in clause (i) the district officer shall proceed to recover from such person the respondent or the employer the amount specified as if it were an arrear of land revenue.
15. Whoever contravenes and fails to comply with the decision of the district officer under sec 12 , 13 and 14 of this Act , shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after
conviction for the first such contravention.
(2) If any person who has been convicted of any offence punishable under sub section (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to six months or with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees or with both:
16. (1) Where the Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is false or malicious or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint in accordance with the provisions of the service rules applicable to her or him or where no such service rules have been made, in such manner as may be prescribed.
(2) Where the Committee or the Local Committee, as the case may be, arrives at a conclusion that during the enquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules have been made, in such manner as may be prescribed.
17. Notwithstanding anything contained in the Right to Information Act, 2005, the contents of the complaint made under sub-section (1) of section 7, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and enquiry proceedings, recommendations of the Committee or the Local Committee, as the case may be, and the action taken by the employer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner:
Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity and address of the aggrieved woman and witnesses.
18. Where any person entrusted with the duty to handle or deal with the complaint, enquiry or any recommendations or action to be taken under the provisions of this Act contravenes the provisions of section 14 shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules have been made, in such manner as may be prescribed.
19. (1) Any person aggrieved by any order passed under sub-section (2) of Section 11 or sub-section (3) and (4) of section 11 or section 12 or section 16 may prefer an appeal in accordance with the provisions of the service rules applicable to the said person or where no such service rules have been made or is applicable to the person aggrieved, in such manner as may be prescribed within 30 days from the date of the passing/receipt of the order of the Committee
(2) The Appellate forum shall grant an oral hearing to the Appellant and may pass interim directions in the nature of grant of leave, transfer or restraining orders against the Respondent or any other order as deemed appropriate ;
Careers
