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CHAPTER V INQUIRY INTO COMPLAINT

Section 13: Inquiry report

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

(1) On the completion of an inquiry under this Act, the Internal 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, the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties.

(2) Where the Internal 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 and the District Officer that no action is required to be taken in the matter.

(3) Where the Internal Committee or the Local Committee, as the case may be, 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—

(i) to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed;

(ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15:

Provide that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman:

Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the Internal Committee or as, the case may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.

(4) The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him.

Questions on this section

1 question in 1 of our papers cite Section 13. Try these from the free papers:

  1. 1. Consider the following statements about Section 13(3) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, where the Committee concludes that the allegation against the respondent has been proved: 1. It may recommend deduction from the respondent's salary or wages of a sum to be paid to the aggrieved woman, notwithstanding anything in the service rules. 2. If the employer cannot make the deduction because the respondent is absent from duty or has ceased to be employed, it may direct the respondent to pay the sum to the aggrieved woman. 3. If the respondent fails to pay, the sum can be recovered only by a civil suit filed by the aggrieved woman. Which of the statements given above is/are correct?