Quiz

 

Prevention of Sexual Harassment Act, 2013

 

CHAPTER I – PRELIMINARY

 

Section 1: Short title, extent and commencement

• Title: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• Extends to all of India.
• Came into force on 9th December 2013 (by government notification).

 

Section 2: Definitions

Key terms:

• Aggrieved woman: Any woman (employed or not) alleging harassment. Includes domestic workers.
• Appropriate Government: Central/State Government depending on workplace control.
• District Officer: Officer notified to handle cases under this Act.
• Employee: Anyone working—regular, temporary, ad-hoc, daily wage, trainee, apprentice, voluntary.
• Employer: Person responsible for managing/supervising workplace.
• Workplace: Covers government, private, hospitals, sports institutes, transport by employer, houses, etc.
• Sexual harassment: Physical advances, demands for favours, sexually coloured remarks, showing pornography, or any unwelcome physical/verbal/non-verbal sexual conduct.
• Unorganised sector: Enterprises with less than 10 workers.

 

Section 3: Prevention of sexual harassment

• No woman shall face harassment at workplace.
• Circumstances that count as harassment:
• Promise/threat of job benefits.
• Threat to job status.
• Hostile or intimidating environment.
• Humiliating treatment affecting health or safety.

 

CHAPTER II – INTERNAL COMPLAINTS COMMITTEE (ICC)

 

Section 4: Constitution of ICC

• Every employer must set up an ICC in each office/unit.
• Composition:
• Presiding Officer: Senior woman employee.
• At least 2 members from employees (with social/legal knowledge).
• 1 external NGO/association member.
• At least 50% women members.
• Tenure: Up to 3 years.
• Members can be removed for misconduct or violation.

 

CHAPTER III – LOCAL COMPLAINTS COMMITTEE (LCC)

 

Section 5: Notification of District Officer

• Government must notify District Magistrate/Collector/ADM as District Officer for implementation.

 

Section 6: Constitution & Jurisdiction of LCC

• LCC set up in districts to handle cases where ICC not available (<10 workers or complaint against employer).
• Nodal officers appointed in blocks/talukas to receive complaints.
• Jurisdiction: Whole district.

 

Section 7: Composition, tenure & terms of LCC

• Members:
• Chairperson (eminent woman in social work).
• 1 woman from local body (block/municipality).
• 2 NGO members (one woman, one from SC/ST/OBC/minority).
• District Social Welfare/Women & Child Officer (ex-officio).
• Tenure: Up to 3 years.
• Members can be removed for misconduct/violation.
• External members entitled to fees/allowances.

 

Section 8: Grants and audit

• Central Govt may provide funds to State Govt for committee functioning.
• Accounts maintained & audited.

 

CHAPTER IV – COMPLAINT

 

Section 9: Complaint of sexual harassment

• Written complaint within 3 months of incident (extendable by 3 months).
• ICC/LCC must assist if woman unable to write.
• Complaint can also be made by legal heir if woman unable/deceased.

 

Section 10: Conciliation

• May be attempted on woman’s request (before inquiry).
• No monetary settlement allowed.
• If settled, no further inquiry.

 

Section 11: Inquiry into complaint

• ICC/LCC to conduct inquiry as per service rules.
• Domestic worker cases forwarded to police (Sec. 509 IPC).
• Both parties must be heard.
• Inquiry to be completed in 90 days.

 

CHAPTER V – INQUIRY INTO COMPLAINT

 

Section 12: Action during inquiry

• ICC/LCC can recommend:
• Transfer of woman or accused.
• Up to 3 months’ leave.
• Other reliefs.

 

Section 13: Inquiry report

• Report submitted within 10 days.
• If not proved → recommend no action.
• If proved → recommend disciplinary action + compensation deduction from salary.
• Employer/District Officer must act within 60 days.

 

Section 14: False/malicious complaints

• If complaint found false/malicious → action against complainant.
• But failure to prove case ≠ false complaint automatically.
• Action only if malicious intent established.

 

Section 15: Determination of compensation
Factors:

• Mental trauma and distress.
• Career loss.
• Medical expenses.
• Respondent’s income and financial status.
• Mode of payment.

 

Section 16: Confidentiality

• Identities and proceedings cannot be made public.

 

Section 17: Penalty for publication

• Violation attracts penalty under service rules.

 

Section 18: Appeal

• Appeal to court/tribunal within 90 days against ICC/LCC recommendations.

 

CHAPTER VI – DUTIES OF EMPLOYER

 

Section 19: Duties

• Provide safe environment.
• Display penal provisions & ICC details.
• Organize workshops & awareness.
• Provide facilities to ICC/LCC.
• Assist in complaints & inquiries.
• Treat harassment as misconduct under service rules.
• Assist woman in filing IPC cases.
• Ensure timely reports from ICC.

 

CHAPTER VII – DUTIES & POWERS OF DISTRICT OFFICER

 

Section 20: Duties

• Monitor reports from LCC.
• Engage NGOs for awareness creation.

 

CHAPTER VIII – MISCELLANEOUS

 

Section 21: Annual Report

• ICC/LCC must prepare annual report & submit to employer/District Officer.

 

Section 22: Employer’s annual report

• Employer to include number of cases in annual report/notify District Officer.

 

Section 23: Government monitoring

• Govt must maintain data of filed & disposed cases.

 

Section 24: Publicity

• Govt to promote awareness, training, IEC materials.

 

Section 25: Power to call for information

• Govt can demand records, conduct inspections.

 

Section 26: Penalty for non-compliance

• Employer punishable with fine up to ₹50,000 for:
• Not forming ICC.
• Not taking actions.
• Violating provisions.
• Repeat offence → double penalty + cancellation of business license/registration.

 

Section 27: Cognizance of offence by courts

• Courts act only on complaint by victim/ICC/LCC.
• Only Magistrate First Class/Metropolitan Magistrate can try cases.
• Offences are non-cognizable.

 

Section 28: Relation with other laws

• This Act is in addition to other laws.

 

Section 29: Power to make rules

• Central Govt may make rules for implementation.
• State Govt may frame rules for financial/audit matters.

 

Section 30: Power to remove difficulties

• Central Govt may issue orders to remove difficulties (within 2 years of commencement).

 

Multiple Choice Questions

 

Q1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in which year?
a) 2010
b) 2013
c) 2015
d) 2017
Ans: b) 2013

 

Q2. The Act extends to:
a) Only urban workplaces
b) Whole of India
c) Only Central Government offices
d) Only private sector organisations
Ans: b) Whole of India

 

Q3. “Aggrieved woman” under the Act refers to:
a) Only employed women
b) Only women above 18 years
c) Any woman, whether employed or not, alleging sexual harassment at workplace
d) Only married women
Ans: c) Any woman, whether employed or not, alleging sexual harassment at workplace

 

Q4.  Which of the following is NOT covered under the definition of “workplace”?
a) Hospitals or nursing homes
b) Sports complexes
c) Religious places
d) Dwelling place or house
Ans: c) Religious places

 

Q5. “Sexual harassment” includes which of the following?
a) Physical contact and advances
b) Making sexually coloured remarks
c) Showing pornography
d) All of the above
Ans: d) All of the above

 

Q6. Every employer is required to constitute an Internal Complaints Committee (ICC) by:
a) Written order
b) Oral instruction
c) Notification in newspaper
d) Circular in meeting
Ans: a) Written order

 

Q7. Who shall be the Presiding Officer of the ICC?
a) Any senior male employee
b) A senior level woman employee at workplace
c) Head of HR department
d) External NGO representative
Ans: b) A senior level woman employee at workplace

 

Q8.  ICC must include:
a) At least two members from employees with experience in social work/legal knowledge
b) One member from NGO or association committed to women’s cause
c) At least half of total members as women
d) All members must be from management
Ans: a), b), c)

 

Q9. The tenure of ICC members is:
a) 1 year
b) 2 years
c) 3 years
d) 5 years
Ans: c) 3 years

 

Q10. ICC member may be removed for all reasons EXCEPT:
a) Convicted of an offence
b) Violation of Section 16
c) Retirement from service
d) Found guilty in disciplinary proceedings
Ans: c) Retirement from service

Q11. Local Committee is constituted when:
a) Workplace has more than 50 workers
b) Complaint is against employer himself
c) ICC has not been constituted due to less than 10 workers
d) Both b & c
Ans: d) Both b & c

 

Q12. Chairperson of Local Committee must be:
a) A government officer
b) An eminent woman in social work committed to women’s cause
c) Any senior male employee
d) District Collector
Ans: b) An eminent woman in social work committed to women’s cause

 

Q13. Local Committee must include:
a) At least one woman from SC/ST/OBC/minority community
b) One member with background in law
c) Concerned officer of Women & Child Development as ex officio member
d) At least two male members from NGOs
Ans: a), b), c)

 

Q14. Tenure of Local Committee members is:
a) 2 years
b) 3 years
c) 5 years
d) 1 year
Ans: b) 3 years

 

Q15. Local Committee members can be removed for all reasons EXCEPT:
a) Contravening Section 16
b) Being convicted for an offence
c) Completion of 3-year tenure
d) Giving false evidence
Ans: c) Completion of 3-year tenure

 

Q16. Complaint must be filed within:
a) 6 months of incident
b) 3 months of incident
c) 12 months of incident
d) No time limit
Ans: b) 3 months of incident

 

Q17. Who can file a complaint if the woman is unable due to physical/mental incapacity?
a) Her legal heir
b) A co-worker
c) Presiding Officer of ICC
d) Any of the above, as prescribed
Ans: d) Any of the above, as prescribed

 

Q18. Circumstances amounting to sexual harassment include:
a) Promise of preferential treatment
b) Threat of detrimental treatment
c) Humiliating treatment affecting health
d) Delay in salary payment
Ans: a), b), c)

 

Q19. Conciliation under the Act:
a) Can be initiated without woman’s consent
b) Can be based on monetary settlement
c) Cannot be based on monetary settlement
d) Is mandatory before inquiry
Ans: c) Cannot be based on monetary settlement

 

Q20. Inquiry must be completed within 90 days. Which is NOT a power of the Committee?
a) Summoning witnesses
b) Requiring discovery/production of documents
c) Passing final punishment orders
d) Examining on oath
Ans: c) Passing final punishment orders

Q21. Employers must:
a) Provide a safe working environment
b) Display penal consequences of sexual harassment
c) Organise awareness workshops
d) All of the above
Ans: d) All of the above

 

Q22. Employer’s duties include:
a) Provide facilities to ICC
b) Assist woman to file IPC complaint
c) Treat sexual harassment as misconduct
d) Initiate action against non-employees if incident occurs at workplace
Ans: a), b), c), d)

 

Q23. Employer must implement ICC/LC recommendations within:
a) 30 days
b) 60 days
c) 90 days
d) 15 days
Ans: b) 60 days

 

Q24. Penalty for employer failing to constitute ICC is:
a) ₹10,000
b) ₹25,000
c) ₹50,000
d) ₹1,00,000
Ans: c) ₹50,000

 

Q25. Employer duty does NOT include:
a) Displaying penal consequences
b) Monitoring ICC reports
c) Paying salary directly to aggrieved woman
d) Organising awareness programmes
Ans: c) Paying salary directly to aggrieved woman

 

Q26. District Officer may be:
a) District Magistrate
b) Additional District Magistrate
c) Collector/Deputy Collector
d) Any of the above
Ans: d) Any of the above

 

Q27. Duties of District Officer include:
a) Monitoring LC reports
b) Engaging NGOs for awareness
c) Constituting Internal Committee
d) Both a & b
Ans: d) Both a & b

 

Q28.  District Officer is responsible for all, EXCEPT:
a) Monitoring LC reports
b) Taking measures for awareness
c) Issuing licenses to workplaces
d) Engaging NGOs
Ans: c) Issuing licenses to workplaces

 

Q29. Annual report must be prepared by:
a) Employer only
b) ICC or LC
c) District Magistrate only
d) Central Government
Ans: b) ICC or LC

 

Q30. Appeal under the Act must be filed within:
a) 30 days
b) 60 days
c) 90 days
d) 120 days
Ans: c) 90 days

 

Q31. Cognizance of offence under the Act can be taken by:
a) Any court
b) Metropolitan Magistrate or Judicial Magistrate First Class
c) Gram Panchayat
d) High Court only
Ans: b) Metropolitan Magistrate or Judicial Magistrate First Class

 

Q32. Offences under the Act are:
a) Non-cognizable
b) Tried only by Metropolitan or First Class Magistrate
c) Cognizable without complaint
d) Punishable by imprisonment only
Ans: a), b)

 

Q33. Repeat offenders (employers) may face:
a) Double punishment
b) Cancellation of license/registration
c) Withdrawal of government approval
d) All of the above
Ans: d) All of the above

 

Q34.  The Act is:
a) In addition to other laws
b) In derogation of IPC
c) Aligned with international conventions
d) Supplementary to service rules
Ans: b) In derogation of IPC

 

Q35. Sexual harassment at workplace violates which fundamental rights?
a) Article 14 & 15
b) Article 21
c) Both a & b
d) Only Article 19
Ans: c) Both a & b

 

Q36. Which international convention influenced this Act?
a) CEDAW
b) ILO Convention 182
c) UN Charter
d) Hague Convention
Ans: a) CEDAW

 

Q37. Compensation to aggrieved woman is determined based on:
a) Mental trauma and suffering
b) Career loss due to incident
c) Medical expenses
d) Respondent’s income
Ans: a), b), c), d)

 

Q38. Maximum leave that can be granted to aggrieved woman during inquiry is:
a) 1 month
b) 2 months
c) 3 months
d) 6 months
Ans: c) 3 months

 

Q39. Which of the following is NOT sexual harassment under the Act?
a) Showing pornography
b) Request for sexual favour
c) Professional disagreement in office
d) Sexually coloured remarks
Ans: c) Professional disagreement in office

 

Q40. Who monitors implementation and maintains data on sexual harassment cases?
a) Employer
b) Appropriate Government
c) Supreme Court
d) National Commission for Women
Ans: b) Appropriate Government

 

Q41. A complaint filed after 4 months of incident may be accepted if:
a) Approved by Presiding Officer
b) Written reasons recorded by ICC/LC and extension of not more than 3 months
c) Complaint is verbal
d) Always rejected
Ans: b) Written reasons recorded by ICC/LC and extension of not more than 3 months

 

Q42.  ICC/LC inquiry powers are similar to civil court in matters of:
a) Summoning witnesses
b) Document discovery
c) Examining on oath
d) Issuing arrest warrants
Ans: a), b), c)

 

Q43. False or malicious complaint may lead to:
a) Action under service rules
b) Criminal imprisonment automatically
c) No action at all
d) Termination without inquiry
Ans: a) Action under service rules

 

Q44.  Which of the following cannot be published?
a) Name of aggrieved woman
b) Recommendations of ICC
c) Action taken by employer
d) General awareness material
Ans: d) General awareness material

 

Q45. Which body must the employer forward annual case details to, if no annual report exists?
a) High Court
b) District Officer
c) Supreme Court
d) Ministry of Labour
Ans: b) District Officer

 

Q46. Cognizance of offence under this Act requires:
a) Complaint by aggrieved woman or authorised person from ICC/LC
b) Complaint by employer only
c) Complaint by police suo moto
d) Complaint by any citizen
Ans: a) Complaint by aggrieved woman or authorised person from ICC/LC

 

Q47. Employer can be penalised for:
a) Failure to constitute ICC
b) Non-compliance with Sections 13 & 14
c) Abetting contravention of Act
d) Minor delay in salary payment
Ans: a), b), c)

 

Q48. Which Section prohibits publication of complaint details?
a) Section 12
b) Section 15
c) Section 16
d) Section 20
Ans: c) Section 16

 

Q49. Which of the following is NOT a duty of ICC/LC?
a) Submit annual report
b) Record conciliation settlement
c) Directly punish the respondent
d) Conduct inquiry within 90 days
Ans: c) Directly punish the respondent

 

Q50. The Act came into force on:
a) 22nd April 2013
b) 9th December 2013 (by notification)
c) 15th August 2014
d) 1st January 2015
Ans: b) 9th December 2013 (by notification)