Page:Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.djvu/4

 4 ::(vi) a dwelling place or a house;
 * (p) "unorganised sector" in relation to a workplace means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten.

3. (1) No woman shall be subjected to sexual harassment at any workplace.

(2) The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:
 * (i) implied or explicit promise of detrimental treatment in her employment; or
 * (ii) implied or explicit threat of detrimental treatment in her employment; or
 * (iii) implied or explicit threat about her present or future employment status; or
 * (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
 * (v) lumiliating treatment likely to affect her health or safety.

4. (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee":
 * Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The Internal Committee shall consist of the following members to be nominated by the employer, namely: -
 * (a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:
 * Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (1):
 * Provided further that 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 department or organisation;
 * (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
 * (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:
 * Provided that at least onc-half of the total Mcmbers so nominated shalt be women.

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.

(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer. as may be prescribed.