According to the Act, aggrieved woman means -

• 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;
• In relation to a dwelling place or house, a woman of any age who is employed in such a dwelling or house

As per the Act the Employer shall -

• Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.
• Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting the ICC.
• Organize workshops and awareness programmes at regular intervals for sensitising the employees with the Act.
• Organize orientation programmes for the members of the ICC.
• Provide necessary facilities to the ICC or the LCC for dealing with the complaint and conducting an inquiry.
• Assist in securing the attendance of respondent and witness before the ICC or the LCC and make available such information to the ICC or the LCC with regard to the complaint.
• Provide assistance to the woman if she chooses to file a complaint under IPC or any other law.
• Cause to initiate action under the IPC or any other law against the perpetrator or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place.
• Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.
• Monitor the timely submission of reports by the ICC.

The Internal Complaints Committee shall constitute of the following members -

• Presiding Officer (One) a woman employed at a senior level at workplace from amongst employees (in case a senior level women employee is not available, the Presiding officer shall be nominated from the other offices or administrative units of the workplace. In case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other dept or organisation).
• Members (not less than two) from employees preferably committed to the cause of women or who have experience in social work or have legal knowledge.
• Member (One) from amongst non governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.
• At least one half of the total members shall be women.

An organization which has more than 10 employees shall establish an Internal Complaints Committee (ICC) to address the sexual harassment issues at the workplace. The ICC receives complaints from aggrieved women, investigates it, holds inquiries and makes recommendations to the employer.

The District Magistrate or Additional District Magistrate or the Collector or Deputy Collector may be notified as the District Officer for every District.

The Local Complaints Committee is formed to ensure protection against sexual harassment for women employees working in organizations that have less than 10 employees.

The Local Complaint Committee is to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted due to having less than 10 workers or if the complaint is against the employer himself.

Its members are -

• Chairperson (One) eminent woman in the field of social work and committed to the cause of women.
• Member (One) nominated amongst the women working in the block, taluka or tehsil or ward or municipality in the district. Members (Two) to be nominated from amongst non governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment At least one of the two members shall be women. At least one of the two should have a background in law or legal knowledge At least one of the two shall be a woman belonging to the SC or the ST or OBC or minority community.
• Member (ex officio) the concerned officer dealing with the social welfare or women and child development in the district.

The District officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area. The nodal officer is to receive complaints and forward the same to the concerned Local Complaints Committee within a period of 7 days.

Any aggrieved women may make in writing a complaint of sexual harassment at workplace to the Internal Complaint Committee/ Local Complaint Committee within 3 months from the date of incident or the date of the last incident in case of a series of incidents. In case the women cannot write, the Presiding Officer/ any member of the Internal Complaint Committee/ Chairperson/ any member of the Local Committee shall render all reasonable assistance to such aggrieved women.

The ICC or the LCC upon receipt of the complaint, either must proceed to make an inquiry in accordance with the service rules applicable to the respondent or where no such service rules exist, in accordance with rules framed under the Act or they may forward the complaint to the Police

For the purpose of making an inquiry the ICC or the LCC shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following -

• Summoning and enforcing the attendance of any person and examining him on oath.
• Requiring the discovery and production of documents.
• Any other matter which may be prescribed.

The ICC/LCC must refer complaints to the Police for registering crime U/s.509 of the IPC within 7 days. If the respondent violates settlement terms and the woman reports it to the ICC/LCC, they can inquire or forward the complaint to the Police.

If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death then her legal heirs or such other person as may be prescribed under the act may do so.

Before commencing an inquiry, the ICC or LCC may, upon the aggrieved woman's request, attempt to facilitate a settlement between the parties. However, it is imperative to note that no financial settlements are permissible. If a settlement is reached, the ICC or LCC will document it and forward the details to the employer or District officer for necessary action. Copies of the settlement shall be provided to both the aggrieved woman and the respondent by the ICC or LCC.

During the pendency of the inquiry of the ICC or LCC, on a written request by the aggrieved woman, the ICC or LCC can recommend the following to the employer :

• Transfer the aggrieved woman or the respondent to any other workplace or
• Grant leave to the aggrieved woman upto a period of 3 months or Grant such other relief to the aggrieved woman as may be prescribed
• The leave granted to the aggrieved woman under is in addition to the leave that she is otherwise entitled.
• The employer shall implement the recommendations made by the ICC or the LCC and send the report of such implementation to the ICC or the LCC.

If the ICC or LCC arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false 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.

If the ICC or the LCC arrives at the conclusion that the allegation against the respondent has been proved, it will recommend to the employer and the District Officer to deduct from the salary or wages of the respondent such sum to be paid to the aggrieved woman or to her legal heirs. In case the employer is unable to make such deductions from the salary of the respondent as being absent or cessation of employment, the ICC or the LCC may direct the respondent to pay such sums to the aggrieved woman. In case the respondent fails to pay the sum, the ICC or the LCC may forward the order for recovery of the sum as an arrear of land revenue to the concerned District officer. As per Section 15, the basis of determining sums to be paid to the aggrieved woman under the Act will be –

• Mental trauma, pain, suffering and emotional distress caused to the aggrieved woman
• Loss in career incurred by the victim for physical or psychiatric treatment
• Income and financial status of the respondent
• Feasibility of such payment in lump sum or instalments

The contents of the complaint, identity and address of the aggrieved woman, respondent and witness, information relating to conciliation and inquiry proceedings, recommendations of the ICC or the LCC and the action taken by the employer or the District Officer shall not be published, communicated or made known to the public, press and media. However, information may be disseminated regarding the justice secured to the victim of sexual harassment without disclosing the name, address, identity or any other particulars.

The appropriate Government will monitor the implementation of this Act and maintain data on the number of cases filed and disposed of.

A fine of Rs.50,000/- may be imposed on Employer, if he fails to do following: -

• Establishing ICC
• Failure to take action after receipt of Complaint
• Contravention or abetment of contravention of provisions of this Act or its rules.

If the Employers repeats the same Offence, twice the punishment of the first conviction is applicable if: -

• An employer, previously convicted under the Act, commits and is convicted of the same offence again.
• If a higher punishment is prescribed under another law, the court will consider it while awarding punishment.
• Government or local authority can cancel the License or Withdraw, refuse renewal or approval.

• The Court will take cognizance of the offence on a complaint made by the aggrieved woman or any person authorised by the ICC or the LCC.
• No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class will try any offence punishable under this Act.
• Every offence under this Act is non cognizable.