\f~ li• ~· "l@"--(1/;:!)04/0007/2003-13 ltE~ ISTE R El> \" 0. D !.

--11'1)04/0007/2003- IJ

31WEffi11T
EXTRAORD~ARY
Will--~·
PART II - Section I
~'H~
PlJBLISHED BY AUTHORITY
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1{o )8j -,{ "R"ffit, ~: 31W 23, 2013/ ~ 3, 1935 ("ffil)
No. lH] ~EW DELHI, TU:ESDAY,APRIL23,2013/ VAISAKHA 3, 1935 (SAKA)
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·scparnir paging is given to this Part in order that it may be tiled as a separate compilation.

MINISTRY OF LAW AN]) JUSTICE

(Legislative Department)

New Delhi: the 23rd April, 2013/ Vaisakha3, 19]5 (Saka)

The following Act of Parliament received the assent of the President on the
2lnd April, 2013, and is hereby published for general information: .. ·-

THE SEXUAL HARASSMENT OF WO:V1EN ATWOiu<:PLACE

(PREVFNJ'lON, PROIIIRITTON AND REDRESSAL) ACT, 2013
(No. 14 OF 2013)
[22nd April, 2013.J

An Act to provide protection against sexual harassment of women at workplace

and for the prevention and redrcssal of complaints of sexual harassment and
for matters connected therewith or incidental thereto.
W11rnL1\S sexual harassment results in violation of the fundamental rights of a woman
to equality under articles 14 and 15 of the Constitution of India and her right to life and to live
with dignity under article 21 of the: Constitution and right to practice any profession or to
carry on any occupation, trade or business which includes a right to a safe environment free
from sexual harassment;
Axo WHEREAS the protection against sexual harassment arid the right to work with
dignity arc universally recognised human rights by international conventions and instruments
such as Convention on the Elimination of all Forms of Discrimination against Women, which
has been ratified on the 25th June, 1993 by the Government of India:
Axn w11t·.k!:As it is expedient to make provisions for giving effect to the said Convention
for protection of women against sexual harassment at workplace.
 2 THE GAZETTE OF lND!A EXTRAORDl:.IARY t PART n ·
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Ur. it enacted by Parliament in the Sixty-fourth Year of the Republic of lndia as follows:---

Cl !APTERI
PREl:.l'.\111:-iARY

Shon title. 1. (/)This Act may be called the Sexual Harassment of Women at Workplace (Prevention,
extent and Proh ibitiorrand Redrcssal)Act;-20 I:\.
commencement
(2) It extends to the whole oflndia.

( J) It shal I come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint. ··

Definitions. 2. In this Act, unless the context otherwise requires.; ..

(a) "aggrieved woman" means-

(i) 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;

(ii) in relation to a dwelling place or house, a woman of any age who is

employed in such a dwelling place or house;
(b) "appropriate Government" means-·

(i) in relation to a workplace which is established, owned, controlled or

wholly or substantially financed by funds provided directly or indirectly- .

(A) by the Central Government or the Union territory administration,

the Central Government;

(B) by the State Government, the State Government;

(ii) in relation to any workplace not covered under sub-clause (i) and
falling within its territory, the State Government;

(c) "Chairperson" means the Chairperson of the Local Complaints Committee

nominated under sub-section (/)_of section 7; '
(d) "District Officer" means an officer notified under section 5;

(e) "domestic worker" means a woman who is employed to do the household

work in any household for remuneration whether in cash or kind, either directly or
through any agency on a temporary, permanent, part timeor full time basis, hut does
not include any member of the family of the employer;

W "employee" means a person employed at a· workplace for any work on regular,

temporary, ad hoc or daily wage basis, either directly or through an agent, including a
contractor, with or, without the knowledge of the principal employer, whether: for
remuneration or not, or working on a voluntary basis or otherwise, whether the terms
of employment are express or implied and includes a co-worker, a contract worker.'
probationer, trainee, apprentice or called by any other such name;
(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 suchother 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 sub-clause (i), any person
responsible for themanagement, supervision and control of the workplace.
SEC. I j Tl IE GAZETTE OF L'\DIA EXTRAORDINARY 3

Explanatlon==Por the purposes of this sub-clause "management"

includes the person or board or committee responsible for formulation and
administration of polices for such organisation;
(iii) in rclat10n to workplace covered under sub-clauses (i) and (ii), the
person discharging contractual obligations with respect to his or her employees;
(lv) in rclatioITlo1cdweEmg-pla-ce or house, a person or a household who
employs or benefits from the employment of domestic worker, irrespective of the
number, time period or type of such worker employed, or the nature of the
employment or activities performed by the domestic worker;
(h) "Internal Committee" means an Internal Complaints Committee constituted
under section 4;
(1) "Local Committee" means the Local Complaints Committee constituted under
section 6;
U) "Member" means a Member of the Internal Committee or the Local Committee,
as the case may be;
(k) "prescribed" means prescribed by rules made under this Act;
(/)"Presiding Officer" means the Presiding Officer of the Internal Complaints
Committee nominated under sub-section (2) of section 4;
(m) "respondent" means a person against whom the aggrieved woman has made
a complaint under section 9;

(n) "sexual harassment" includes any one or more of the following unwelcome
acts or behaviour (whether directly or by implication) namely:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual
nature;
(o) "workplace" includcs->-
(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, health services or financial
activities including production, supply, sale, distribution or service;
(iii) hospitals or nursing homes; ·
(iv) any sports institute, stadium, sports complex or competition or games
venue, whether residential or not used for training, sports or other activities
relating thereto;
(v) any place visited by the employee arising out of or during the course of
employment including transportation provided by the employer for undertaking
such journey;