Section 2(o) of The Sexual Harrasment of Women at workplace(Prevention, Prohibition
and Redressal) Act 2013 defines workplace as—
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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;
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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;
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Hospitals or Nursing
homes;
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Any sports institute,
stadium, sports complex or competition or games venue, whether residential or not
used for training, sports or other activities relating thereto;
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Any place visited
by the employee arising out of or during the course of employment including transportation
by the employer for undertaking such journey;
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A dwelling place
or a house;
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Provide a safe working
environment at the workplace which shall include safety from the persons coming
into contact at the workplace.
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Display at any conspicuous
place in the workplace, the penal consequences of sexual harassments: and the order
constituting, the Internal Committee.
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Provide necessary facilities
to the Internal Committee for dealing with the complaint and conducting an inquiry.
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Assist in securing the
attendance of respondent and witnesses before the Internal Committee.
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Make available such information
to the Internal Committee as it may require having regard to the complaint.
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Provide assistance to the
woman if she so chooses to file a complaint in relation to the offence under the
Indian Penal Code.
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Cause to initiate action,
under the Indian Penal Code or any other law for the time being in force, against
the perpetrator, or if the aggrieved woman so desires, where the perpetrator is
not an employee, in the workplace at which the incident of sexual harassment took
place.
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Treat sexual harassment
as a misconduct under the service rules and initiate action for such misconduct.
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Monitor the timely submission
of reports by the Internal Committee.
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Organise workshops and
awareness programmes at regular intervals for sensitising the employees with the
provisions of the Act and orientation programmes for the members of the Internal
Committee.
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Formulate and widely disseminate
an internal policy or charter or resolution or declaration for prohibition, prevention
and redressal of sexual harassment at the workplace intended to promote gender sensitive
safe spaces and remove underlying factors that contribute towards a hostile work
environment against women.
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Carry out orientation programmes
and seminars for the Members of the Internal Committee .
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Carry out employees awareness
programmes and create forum for dialogues which may involve Panchayati Raj Institutions,
Gram Sabha, women’s groups, mothers’ committee, adolescent groups, urban local bodies
and any other body as may be considered necessary.
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Conduct capacity building
and skill building programmes for the Members of the Internal Committee.
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Declare the names and contact
details of all the Members of the Internal Committee.
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Use modules developed by
the State Governments to conduct workshops and awareness programmes for sensitising
the employees with the provisions of the Act.
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