Bare ActsThe SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITlON AND REDRESSAL) ACT, 2013

Section 10

Amendment status not verified — confirm the current text below against the official source.

(/) The Internal Committee or, as thecase may he, the Local Committee, may, hcfore inilialing an inquiry under scction 11 and at thc request (·rthc aggrieve~l woman IC.lke steps 10 settle the maHer bc(wecn her and the respondent through conciliation: Sloe. II THE GALETrE OF I:\DIA EXTRAORDli'JARY 7 45 or 1860 45 of 1860. :; of 190ft Provided th(lt no monetary settlement shall be made as a basis of conl'iliation. (2) Where asettlemenl has beer.. aJTived alunder Sllb-s~ctirlT1 <.n. thc Intcrnal Committee or the Local COlnmittee,_as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Omccr to take action as specificd in the rccommendat ion. . (3) The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded under sub-seclion (2) to the aggrieved woman and the respondent. (4) Where a settlement is alTived at under sub-section (I), no further inquiry shall he conducted by the Internal Committee or the Local Committee, as the case may be. II. (I) Suhjeetto the provisions of section 10, the Internal Committee or the Local Inquiry In'" Committee. as the case may be, shall. where Ihe responderit is an employee, proceed to make clI/IIplain< inquiry into the complaint in accordance with the provisions of the service rules applicable 10 the responoent and where no such rules exist, in such manner as may be prescribed or in case ora domestic worker, the Local Committee shall, ifprimajacie case exist, forward the complaint to the police, within a period ofseven days for registering the case under section 509 of the Indian Penal Code, and any other relevant provisions of the said Codc where applicable: Provided that where the aggrieved woman infonns the Internal Committee or the 1.0cal Committee. as the case may bc, that any tcrm or conditiDn ofthe scttlcment arrivcd at under sub-section (2) of section 10 has nol been complied with by the respondent, the Internal Committee or the l.ocal Committee shall proceed to make an inquiry into the complaint or. as the case may be, forward the complaint to the police: Provided further that where both the parties are employees, the parties shall, during the course of inquiry, be given an oppcrtunity ofbeing.heard and a copy ofthe findings shall he made available io both the parties enahling them to make representation against the findings before the Committec. (2) Notwithstanding any!lti"g contained in section 509 of the Indian Penal Code, the court may, when the respondent is convicted ofthe offence, order payment ofsuch sums as it may eon,ider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15. (3) Forthe purpose ofmaking an inquiry under sub-section (I), the Internal Committee. or the Local Committee, as the case may be, shall have the same powers as arc vested in a civil court under the Cnde of Civil Procedure. 1908 when trying a suit in respect of the following matters. namely:--· (1I) summoning and enforcing the attendance of any person and examining him Dn oath; (b) requiring the discovery and production of documents; and (c) "ny other matter which may be prescrihcd. (.J) The inquiry under suh-section (/) shall be completed within a period of ninety OilYS. CHAPTER V 1s0l!IR Y Nro ('OMPL."N"I

Section 10 – The SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITlON AND REDRESSAL) ACT, 2013 | DailyLaw.ai