THE PROHIBITION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE BILL, 2010

Court :
PARLIAMENTARY
Brief :
And Whereas the right to protection from sexual harassment and the right to work with dignity are recognized as universal human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), which has been ratified by the Government of India. And Whereas the Supreme Court in Vishakha vs State of Rajashthan [1997 (7) SCC 323] has formulated guidelines to address sexual harassment until a suitable legislation is enacted in this respect.
Citation :
Whereas Sexual Harassment infringes the fundamental right of a woman to gender equality under Articles 14 and 15 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution which includes a right to a safe environment free from sexual harassment. And Whereas the right to protection from sexual harassment and the right to work with dignity are recognized as universal human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), which has been ratified by the Government of India.

Revised Draft Bill 28th January 2010

THE

PROHIBITION OF

SEXUAL

HARASSMENT

OF WOMEN AT

WORKPLACE

BILL, 2010

National Commission for Women, New Delhi

Revised Draft Bill 28th January 2010

THE PROHIBITION OF SEXUAL

HARASSMENT OF WOMEN AT

WORKPLACE BILL, 2010

PREAMBLE

(A Bill conferring upon women the right to

protection against sexual harassment and towards

that end for the prevention and redressal of sexual

harassment of women)

Whereas Sexual Harassment infringes the

fundamental right of a woman to gender equality

under Articles 14 and 15 of the Constitution of India

and her right to life and live with dignity under

Article 21 of the Constitution which includes a right

to a safe environment free from sexual harassment.

And Whereas the right to protection from sexual

harassment and the right to work with dignity are

recognized as universal human rights by international

conventions and instruments such as Convention on

the Elimination of all Forms of Discrimination

against Women (CEDAW), which has been ratified

by the Government of India.

And Whereas the Supreme Court in Vishakha vs

State of Rajashthan [1997 (7) SCC 323] has

formulated guidelines to address sexual harassment

until a suitable legislation is enacted in this respect.

Be it enacted by Parliament in the __________ year

of the Republic of India as follows:

CHAPTER I

PRILIMINARY

1. (1) This Act may be called the Prohibition of

sexual harassment of women at workplace bill,

Short title, extent

and

Revised Draft Bill 28th January 2010

2010

(2) It extends to the whole of India except the State

of Jammu and Kashmir.

(3) It shall come into force on such date as the

Central Government may, by notification in the

Official Gazette, appoint.

commencement.

2. In this Act, unless the context otherwise requires,-

(a) “aggrieved woman” in relation to a work place

means a woman, against whom an act of sexual

harassment has been or alleged to have been

committed and includes an employee, student,

research scholar, patient, etc.;

(b) “appropriate Government” means in relation to a

workplace which is established, owned, controlled or

wholly or substantially financed by funds provided

directly or indirectly-

(i) by the Central Government or the Union

territory administration, the Central

Government;

(ii) by the State Government, the State

Government.

Committee or of the Local Committee, as the case

may be;

(d) “Committee” means an Internal Complaints

Committee constituted under section 4;

(e) “District Officer” means an officer appointed

under section 5;

(f) “employee" means a person employed at a

workplace for any work on regular, temporary, adhoc

or daily wage basis, either directly or by 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

Definitions.

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voluntary basis or otherwise, whether the terms of

employment are express or implied and includes a

domestic worker, a co-worker, a contract worker,

probationer, trainee, apprentice or by any other name

called;

(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 such other

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

clause (i), any person responsible for the

management, supervision and control of the of

the workplace;

(h) “Local Committee” means the Local Complaints

Committee constituted under section 6;

(i) “member” means a member of the Committee or

of the Local Committee, as the case may be;

(j) “prescribed” means prescribed by rules made

under this Act;

(k) “respondent” means a person against whom a

complaint has been made under section 7;

(l) “Workplace” includes:-

(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 cooperative

society;

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(ii) any private sector organisation or a

private venture, undertaking, enterprise,

institution, establishment, society, trust, nongovernmental

organisation, unit or service

provider carrying on commercial, professional,

vocational, educational, entertainmental,

industrial or financial activities including

production, supply, sale, distribution or

service;

(iii) a house or dwelling place;

(iv) any place, vehicle either by air, land, rail or

sea visited by the employee arising out of, or

during and in the course of, employment;

(v) “Unorganized Sector” which shall come

within the meaning of “workplace”, means all private

unincorporated enterprises including own

account enterprises engaged in any agriculture,

industry, trade and/or business and includes sectors

as mentioned in the schedule, being illustrative.

(m) “ National Commission” means the National

Commission for Women constituted under the

national Commission for women Act 1990

(o) “State Commission” means the state

commissions for women constituted in the respective

states

3. At any workplace, no woman, shall be subjected to

sexual harassment including unwelcome sexually

determined behavior, physical contact, advances,

sexually coloured remarks, showing pornography,

sexual demand, request for sexual favours or any

other unwelcome conduct of sexual nature whether

verbal, textual, physical, graphic or electronic or by

any other actions, which may include, but is not

limited to -

(i) implied or overt promise of preferential treatment

in employment; or

(ii) implied or overt threat of detrimental treatment

in employment; or

Prevention of

sexual

harassment at

workplace.

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(iii) implied or overt threat about the present or future

employment status;

(iv) conduct which interferes with work or creates an

intimidating or offensive or hostile work

environment; or

(iv) Humiliating conduct constituting health and

safety problems.

CHAPTER II

CONSTITUTION OF COMMITTES

Constitution of

Internal

Complaints

Committee.

4. (1) For the purpose of this Act, every employer of

a work place shall constitute, by an Office Order in

writing, an Internal Complaints Committee.

Provided that where the offices or administrative

units of the workplace are located at different places,

the Committee shall as far as practicable be

constituted at all administrative units or offices.

(2) The Committee shall consist of the following

members namely:-

(a) a Chairperson, from amongst employees,

who shall be a senior level woman,

committed to the cause of women. In case a

senior level woman employee is not available,

the Chairperson shall be appointed from a

sister organization or a non-governmental

organization;

(b) not less than two members from amongst

employees committed to the cause of women

or who have had experience in social work;

and

organisations or associations or

other interests committed to the cause of

women, as may be specified:

Provided that atleast fifty per cent of the

members so nominated shall be women.

(3) The Chairperson and every member of the

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Committee shall hold office for such period as may

be specified by the employer.

(4) The Chairperson and members of the Committee

shall be entitled to such allowances or remuneration

as may be prescribed.

(5) Where the Chairperson or any member of the

Committee contravenes the provisions of section 14,

such Chairperson or member, as the case may be,

shall be removed from the Committee and the

vacancy so created or any casual vacancy shall be

filled by fresh appointment in accordance with the

provisions of this section.

5. The appropriate Government may appoint a

District Magistrate or Additional District

Magistrate or the Collector or Additional

Collector as a District Officer for every District to

carry out the functions under this Act.

Appointment of

District Officer

6. (1) Where at a workplace, constitution of the

Committee is not possible or practicable, or where

the Committee has not been constituted by the

employer of any work place, or where the complaint

is against the employer himself, the District Officer

may, constitute one or more than one Local

Complaints Committee as may be required .

(2) The Local Committee shall consist of the

following members:-

(a) a chairperson to be appointed by the district

officer from amongst women committed to the

cause of women;

(b) one member to be appointed by the district

officer from amongst the registered trade unions

or workers associations functioning in that block

or district;

woman, to be appointed by the district officer

from amongst such Non-Governmental

Organizations or associations or other interests

committed to the cause of women, as may be

specified;

Constitution of

Local

Complaints

Committee.

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(d) one Protection Officer appointed by the State

Government under the Protection of Women from

Domestic Violence Act, 2005 in the District or

any other officer such as inspectors or

additional inspectors under the shops and

establishments Acts of the respective states ,

additional inspectors under the factories Act

1948 or any other public servant at the district

level appointed under any law for the time

being in force

Provided that at least fifty per cent of the members

so nominated shall be women.

(3) The Chairperson and every member of the

Local Committee shall hold office for such period, as

may be specified by the district officer .

(4) The Chairperson and Members of the Local

Committee shall be entitled to such allowances or

remuneration as may be prescribed.

(5) The Central Government may, after due

appropriation made by Parliament by law in this

behalf, pay to the State Government by way of grants

such sums of money as the Central Government may

think fit for being utilized for the purposes of subsection

(4). The State Governments may identify a

suitable agency and transfer the grants to that agency.

The agency shall pay to the district officer, appointed

as per Section 5 of the Act, such amount as may be

required for the purposes of sub-section (4).

(6) The jurisdiction of the Local Committee shall

be limited to the area as may be specified by the

District officer

(7) Where the Chairperson or any member of the

Local Committee contravenes the provisions of

section 14, such Chairperson or member, as the case

may be, shall be removed from the Local Committee

and the vacancy so created or any casual vacancy

shall be filled by fresh appointment in accordance

with the provisions of this section.

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(8) The Local Committee shall have the powers of

the Civil Court for the purposes of administration of

oath, summoning of witnesses, service of summons

and recording of evidence.

CHAPTER III

COMPLAINT

Complaint of

sexual harassment.

7. (1) An aggrieved woman may make a complaint of

sexual harassment at workplace to the Committee or

the Local Committee, or to the Commission ,as the

case may be, in writing:

Provided that where such complaint cannot be

made in writing, the Chairperson or any member of

the Committee or the Local Committee, as the case

may be, shall render all reasonable assistance to the

woman making the complaint to reduce the same in

writing.

Provided further that a complainant may file a

complaint to the local committee or to the

Commission where the Committee has not been

constituted by the employer of any work place, or

where the complaint is against the employer

(2) Where the aggrieved woman is not able to make a

complaint on account of her physical or mental

incapacity or death or otherwise, her legal heir or

such other person as may be prescribed may make a

complaint under this section.

(3) Where a complaint is made before the National

or the State Commission for women , the

commission may in the first instance direct the

employer or the district officer to enquire into

the matter and in cases where a complaint is

against the employer himself and where the

circumstances warrant so , the commission may

itself conduct the enquiry in accordance with the

procedure prescribed under the Act

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8. (1) At the request of the aggrieved woman the

Committee or the Local Committee, as the case may

be, may, before initiating enquiry under this Act, take

steps to settle the matter between her and the

respondent through conciliation.

(2) Where a settlement is arrived at under subsection

(1), the Committee or the Local Committee, as

the case may be, shall record the settlement and

recommend to the employer or the District Officer to

take action as prescribed in the reconciliation

statement.

(3) The Committee or the Local Committee , as the

case may be, shall provide the copies of the settlement

recorded under sub-section (2) to the aggrieved

woman and the respondent.

(4) Where a settlement is arrived at under subsection

(1), no further enquiry shall be conducted by

the Committee or the Local Committee, as the case

may be.

Conciliation

9. (1) Where conciliation under sub-section (1) of

section 8 is not arrived at, the Committee or the Local

Committee, as the case may be, shall, subject to the

provisions of section 14, proceed to make enquiry

into the complaint in accordance with its service

and conduct rules /standing orders /policies and

where no such rules exist then in such a manner

as may be prescribed:

Provided that where the aggrieved woman

informs the Committee or the Local Committee, as

the case may be, that any term or condition of the

conciliation arrived at under sub-section (1) of

section 8 has not been complied with by the

respondent, the Committee or the Local Committee

shall also proceed to make inquiry into the complaint.

(2) The Committee or the Local Committee, as the

case may be, shall have such powers for the purpose

of making enquiry under sub-section (1) as may be

prescribed.

Enquiry into

complaint.

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(3) The enquiry under sub-section (1) shall be

completed within a period of ninety days.

(4) Where the Committee or the Local Committee,

as the case may be, fails to complete the enquiry

within the period specified under sub-section (3), the

employer or the District Officer, as the case may be,

may take such action as may be prescribed.

(5) In cases where the allegation of Sexual

Harassment is against the employer of the

aggrieved woman, or against the person in charge

of the workplace concerned, she may lodge the

complaint with the national or state commission

or to the local complaints Committee if she so

chooses;

Provided further that every employer of the

workplace shall ensure that the chairperson of the

Committee be sufficiently senior to the person

against whom a complaint has bee made and

where the defendant employed in a workplace or

organization holds a senior position as head of the

workplace or is the employer or is the person in

charge of the workplace concerned, the

appropriate Government shall appoint a ad hoc

committee headed by a chairperson who shall be

senior in rank and status to the defendant or

provide the option to the complainant to lodge the

complaint with the local complaint committee or

with the national or state women commissions

CHAPTER IV

ENQUIRY INTO COMPLAINT

Action during

pendency of

enquiry.

10. (1) During the pendency of enquiry, on a written

request made by the aggrieved woman, the

Committee or the Local Committee, as the case may

be, may recommend to the employer to-

(a) transfer the aggrieved woman or the

respondent to any other workplace; or

(b) grant leave to the aggrieved woman; or

which may be prescribed.

Provided that no woman shall be transferred

except on her own request or suspended;

And,

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The leave granted to her under this section will be in

addition to the leave she would be entitled to

otherwise if the case is proved;

(2) On the recommendation of the committee or the

Local Committee, as the case may be, under subsection

(1), the employer or the District Officer may

take such necessary action as may be deemed proper.

Enquiry report. 11. (1) On the completion of an enquiry under this

Act, the 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, District officer.

The report shall also be made available to all the

concerned parties.

(2) Where the 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 or the

District Officer that no action is required to be taken

in the matter.

(3) Where the Committee arrives at the conclusion

that the allegation against the respondent has been

proved, it shall recommend to the employer to take

action for misconduct in accordance with the

provisions of the service rules/conduct rules or

policies governing disciplinary matters applicable to

the respondent

(4) Where the Local Committee, , 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,

(a) to take action for misconduct in accordance with

the provisions of the service rules conduct rules or

policies governing disciplinary matters applicable

to the respondent

(b) where no such service rules have been made, in

such manner as may be prescribed;

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(4) Where any recommendation has been made to

the employer or the District Officer under sub-section

(3) (4) he shall act upon the recommendation within

sixty days of its receipt by him.

Penalties which

may be imposed

where no rules

exist

12. Where no service or disciplinary rules exist ,

the District officer may impose any of the following

penalties

(a) Direct the employer to :-

(i) Obtain a written apology from the respondent

(ii) suspend the respondent for a period not

exceeding 15 days during which the

respondent shall be entitled to such

allowances as may be prescribed by the

district officer or

(iii) terminate the respondent from service or

(b) Direct the employer or the respondent to

pay to the respondent such sum of

compensation to the aggrieved woman or

to legal heirs, as it may determine, in

accordance with the provisions of section

13; provided that Recovery form pay

/salary/wages, in no case, shall exceed onefourth

of the salary/wages earned in

that month;

registration , for such period as may be

specified , issued under any law for the

time being in force ,provided that an

opportunity to the

employer/respondent to be heard, is

afforded before initiating any action or

(d) Cessation as a beneficiary under any

Central or State sponsored schemes

(e) Any other matter as may be prescribed

13. (1) For the purpose of determining the

compensation to be paid to the aggrieved woman

under clause (b) of section 12, the district officer ,

shall have regard to-

Determination of

compensation.

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(a) the mental trauma, pain, suffering and

emotional distress caused to the aggrieved

woman;

(b) the loss in the career opportunity due to the

incident of sexual harassment;

physical or psychiatric treatment;

(d) the income and financial status of the

respondent;

(e) Feasibility of such payment in lump sum or in

installments.

Recovery of

compensation

14. Where any compensation is ordered on the

respondent or employer under section 12 is

not paid,--

(i) the District officer may recover the amount

so payable by detaining or selling the goods

belonging to such person which are under

his control; or

(iii) If the amount cannot be recovered from

such person in the manner provided in

clause (i) the district officer shall proceed

to recover from such person the

respondent or the employer the amount

specified as if it were an arrear of

land revenue.

15. Whoever contravenes and fails to comply with

the decision of the district officer under sec 12 , 13

and 14 of this Act , shall be punishable with

imprisonment for a term which may extend to three

months, or with fine which may extend to two

thousand rupees, or with both, and in the case of a

continuing contravention, with an additional fine

which may extend to one hundred rupees for every

Contravention

of the orders of

the district

officer

Revised Draft Bill 28th January 2010

day during which such contravention continues after

conviction for the first such contravention.

(2) If any person who has been convicted of any

offence punishable under sub section (1) is again

guilty of an offence involving a contravention or

failure of compliance of the same provision, he shall

be punishable on a subsequent conviction with

imprisonment for a term which may extend to six

months or with fine which shall not be less than five

hundred rupees but which may extend to two

thousand rupees or with both:

16. (1) Where the Committee or the Local

Committee, as the case may be, arrives at a

conclusion that the allegation against the respondent

is false or malicious or the aggrieved woman or any

other person making the complaint has produced any

forged or misleading document, it may recommend to

the employer or the District Officer to take action

against the woman or the person who has made the

complaint in accordance with the provisions of the

service rules applicable to her or him or where no

such service rules have been made, in such manner as

may be prescribed.

(2) Where the Committee or the Local Committee,

as the case may be, arrives at a conclusion that during

the enquiry any witness has given false evidence or

produced any forged or misleading document, it may

recommend to the employer of the witness or the

District Officer to take action in accordance with the

provisions of the service rules applicable to the said

witness or where no such service rules have been

made, in such manner as may be prescribed.

Punishment for

false or malicious

complaint and

false evidence.

Prohibition of

publication or

making known

contents of

complaint and

enquiry

17. Notwithstanding anything contained in the Right

to Information Act, 2005, the contents of the

complaint made under sub-section (1) of section 7,

the identity and addresses of the aggrieved woman,

respondent and witnesses, any information relating to

conciliation and enquiry proceedings,

22 of 2005

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proceedings. recommendations of the Committee or the Local

Committee, as the case may be, and the action taken

by the employer under the provisions of this Act shall

not be published, communicated or made known to

the public, press and media in any manner:

Provided that information may be disseminated

regarding the justice secured to any victim of sexual

harassment under this Act without disclosing the

identity and address of the aggrieved woman and

witnesses.

Penalty for

publication or

making known

contents of

complaint and

enquiry

proceedings.

18. Where any person entrusted with the duty to

handle or deal with the complaint, enquiry or any

recommendations or action to be taken under the

provisions of this Act contravenes the provisions of

section 14 shall be liable for penalty in accordance

with the provisions of the service rules applicable to

the said person or where no such service rules have

been made, in such manner as may be prescribed.

Appeal.

19. (1) Any person aggrieved by any order passed

under sub-section (2) of Section 11 or sub-section

(3) and (4) of section 11 or section 12 or section 16

may prefer an appeal in accordance with the

provisions of the service rules applicable to the said

person or where no such service rules have been

made or is applicable to the person aggrieved, in such

manner as may be prescribed within 30 days from the

date of the passing/receipt of the order of the

Committee

(2) The Appellate forum shall grant an oral

hearing to the Appellant and may pass interim

directions in the nature of grant of leave, transfer

or restraining orders against the Respondent or

any other order as deemed appropriate ;

CHAPTER V

DUTIES OF EMPLOYER

Duties of the

Employer

20. The employer shall-

(a) provide a safe working environment at the

workplace which will include safety from the

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employees of the establishment as well as third

parties coming into contact at the workplace;

(b) display at any conspicuous place in the

workplace the Office Order made under subsection

(1) of section 4;

programmes at regular intervals for sensitizing

the members;

(d) provide necessary facilities to the Committee

or the Local Committee, as the case may be, to

deal with the complaint and conduct enquiry;

(e) ensure the attendance of respondent and

witnesses before the Committee or the Local

Committee, as the case may be;

(f) make available such information to the

Committee or the Local Committee, as the case

may be, as it may require with regard to the

complaint made under sub-section (1) of section

(g) Assist the woman if she so chooses in the

filing of a criminal complaint in relation to the

offence;

(h) Initiate criminal action under the Penal Code

or any other law for the time being in force

against the perpetrator after the conclusion of the

enquiry, or without waiting for the enquiry,

where the perpetrator is not an employee in the

work place where the incident of sexual

harassment has taken place.

21. Exemption of employer or manager from liability

in certain cases

(1) Where the employer or manager of an

Exemption of

employer or

manager from

liability in

certain cases

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establishment is charged with an offence against this

Act or the rules or orders made thereunder, he shall

be entitled upon complaint duly made by him to have

any other person whom he charges as the actual

offender brought before the Court at the time

appointed for hearing the charge; and if, after the

commission of the offence has been proved, the

employer or manager of the establishment proves to

the satisfaction of the Court--

(a) That he has used due diligence to enforce the

execution of this Act, and

(b) that the said other person committed the offence

in question without his knowledge consent or

connivance, that other person shall be convicted if the

offence and shall be liable to the like fine as if he

were the employer or manager, and the employer or

manager shall be discharged from any liability under

this Act.

Duties of District

Officer

CHAPTER VI

DUTIES OF DISTRICT OFFICER

22. The District officer shall

1. Have the overall responsibility to ensure that

the provisions of the Act are complied with

and fulfill the duties of the Employer as in

Clauses (d) to (f) of Section 17 where the

employer himself is the accused.

2. also administer the fines received under the

Act and create a corpus and utilize the same

for the benefit of the victims as may be

prescribed;

3. ensure that timely reports are furnished by the

Committee;

4. conduct or cause to be conducted surprise

checks on establishment to ensure that women

are working in a sexual harassment free work

places;

5. guide establishments in engaging civil society

organizations for creation of awareness on

sexual harassment and the rights of the

women;

23. Monitoring of the Act Monitoring of

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(1) The National Commission for women or, as the

case may be, the State Commission for women

shall, in addition to the functions assigned to them

under their respective Acts examine and review the

implementation of this Act and advise the appropriate

Government on its implementation

(2) The said Commissions shall, while inquiring into

any matters relating to have the same powers as

assigned to them under their respective Act.

the Act

CHAPTER VII

MISCELLANEOUS

24. The Committee or the Local Committee, as the

case may be, shall in each calendar year prepare, in

such form and at such time as may be prescribed, an

annual report and submit the same to the employer or

the District Officer.

Committee to

submit annual

report.

25. The employer shall include a section on the

cases filed and judgments conferred under this Act in

each annual report of his organization.

Employer to

include

information in

annual report.

26. (1) The appropriate Government, on being

satisfied that it is necessary in the public interest or in

the interest of women employees at a workplace to do

so, by order in writing,-

(a) call upon any employer or District Officer

to furnish in writing such information relating

to sexual harassment as it may require;

(b) authorise any officer or to make inspection

of the records and workplace in relation to

sexual harassment, who shall submit a report

of such inspection to it within such period as

may be specified in the order.

(2) Every employer and District Officer shall

produce on demand before the officer making the

inspection all information, records and other

documents in his custody having a bearing on the

subject matter of such inspection.

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27. (1) Where the employer or the District Officer

fails to-

(a) constitute a Committee under sub-section (1)

of section 4 or under sub-section (1) of

section 6, as the case may be;

(b) take action under sections 11, 12 and 20; and

abets contravention of other provisions of

this Act or any rules made thereunder,

he or she shall be punishable with fine which may

extend to rupees fifty thousand.

(2) The fine collected under sub-section (1) shall be

kept in a corpus created and utilized for any purpose

as may be prescribed.

Power of the

appropriate

Government to

make rules.

28. (1) The Central Government may, by notification

in the official gazette, make rules for carrying out

the provisions of this Act.

(2) In particular and without prejudice to the

generality of the foregoing power, such rules may

provide for all or any of the following matters,

namely:-

(a) the allowances and remuneration to be paid to

the Chairperson and members under sub-section

(4) of section 4;

(b) the allowances and remuneration to be paid to

the Chairperson and members under sub-section

(4) of section 6;

(2) of section 7;

(d) the manner of enquiry under sub-section (1) of

section 9;

(e) the powers for making enquiry under subsection

(2) of section 9;

(f) the action to be taken by employer or District

Officer under sub-section (4) of section 9;

(g) the relief to be recommended under clause (c)

of sub-section (1) of section 10;

(h) the manner of action to be taken under clause (a)

of sub-section (3) of section 11;

Revised Draft Bill 28th January 2010

(i) the manner of action to be taken under subsection

(1) of section 12;

(j) the manner of action to be taken under subsection

(2) of section 12;

(k) the manner of action to be taken under section

15;

(l) the manner of appeal under section 16;

(m) the manner of utilization of fines under subsection

(2) of section 18;

(n) the form and time for preparation of annual

report by Committee under section 19; and

(o) the purpose for which the fine collected may be

utilized under sub-section (2) of section 22.

(3) Every rule made by the Central Government

under this Act shall be laid as soon as may be after it

is made, before each House of Parliament, while it is

in session, for a total period of thirty days which may

be comprised in one session or in two or more

successive sessions, and if, before the expiry the

session immediately following the session or the

successive sessions aforesaid, both Houses agree in

making any modification in the rule or both Houses

agree that the rule should not be made, the rule shall

thereafter have effect only in such modified form or

be of be no effect, as the case may be; so, however,

that any such modification or annulment shall be

without prejudice to the validity of anything

previously done under that rule.

(4) Every rule made under this Act by the State

Government shall be laid, as soon as may be after it

is made, before each House of the State Legislature

where it consists of two Houses, or where such

Legislature consists of one House, before that House.

Revised Draft Bill 28th January 2010

SCHEDULE

(Reference clause (v) of sub-section (l) of section 2)

LIST OF EMPLOYMENTS IN THE UNORGANISED SECTOR

1. AGRICULTURE

a. agriculture

b. agricultural machinery handling

c. small scale farming

2. CONSTRUCTION

a. construction work

b. brick-kiln work

c. building and road maintenance

d. carpentry

e. construction of tents and pandals, supply of utensils and

decorations for functions

f. quarry work

g. welding

h. stone crushing

i. minor minerals and mines work

j. sand mining

3. HANDLOOMS & POWERLOOMS, DYEING

a. handloom weaving of cotton and silk

b. powerloom weaving

c. cloth printing

d. bleaching & dyeing

e. ginning

Revised Draft Bill 28th January 2010

4. FISH

a. fishing

b. fish selling

c. fishery production

d. fish processing

5. POULTRY & ANIMAL HUSBANDRY

a. animal husbandry

b. dairying and allied activities

c. shepherding

6. TEA, COFFEE, RUBBER, CASHEW, PLANTATION,

PROCESSING, HORTICULUTURE, SERICULTURE

a. cashew processing

b. gardening and parks maintenance

c. horticulture and flori culture

d. plantation (other than those covered under Plantations Labour

Act, 1951 (Act No.69 of 1951)

e. sericulture (silk rearing)

7. FORESTS & ALLIED ACTIVITES

a. forestry operation

b. honey gathering

c. minor forest produce gathering

d. tendu leaves collection

Revised Draft Bill 28th January 2010

8. TREE CLIMBING, COIR

a. coir processing / manufacture

b. toddy tapping

c. coconut peeling

d. tree climbing

9. HOME BASED WORK

a. agarbatti making

b. beads making / piercing

c. beedi & cigar manufacture

d. bindi work

e. coaching service

f. envelope & file making

g. masala making

h. matches manufacture

i. pappad making

j. pickle making

10. VENDORS

a. hawking and vending

b. newspaper vending

c. panwallaha service

11. HANDICRAFTS

a. blacksmith

b. goldsmith

Revised Draft Bill 28th January 2010

c. pottery

d. artist

e. sculpture

f. cane / reed work

g. carpet weaving

h. chikan work

i. hand embroidery work

j. floral work and garland making

12. SERVICES (TRADITIONAL & MODERN)

a. beautician

b. hair dressing

c. health service

d. rag picking

e. scavenging

f. shoe shining work

g. sweeping

h. laundry work

i. child care

j. cook

k. security service

l. band playing

m. cable TV operation

n. folk arts

o. video & photography

p. sound & light service

Revised Draft Bill 28th January 2010

13. SHOPS & ESTABLISHMENTS

a. shops & establishment service

b. catering

c. clubs and canteens service

d. coaching service

e. computer and information technology related services

f. courier service

g. data entry operation

h. distribution of petroleum products

i. electronic and electrical goods repairs

j. health services

k. hotel and restaurant services

l. ngo services

m. packing and packaging

n. petrol bunk / pump and allied service

o. security service

p. telephone booth service

q. jute products

r. band playing

s. cable TV operation

t. folk arts

u. video & photography

v. sound & light service

14. TRANSPORT & ALLIED

a. transport services (driving, conducting, cleaning etc)

b. auto rickshaw

Revised Draft Bill 28th January 2010

c. bicycle repair

d. boat / ferry operation

e. bullock / camel – cart operation

f. rickshaw pulling

g. service station work

h. wayside mechanics and workshop services

i. automobile work

15. SALT PANS

a. salt pan work

b. loading & unloading

16. SMALL SCALE & COTTAGE INDUSTRIES

a. arrack and liquor production and vending

b. bakery work

c. bangles manufacture

d. bindi work

e. brush making

f. breweries, distilleries

g. bulb manufacture

h. carpet weaving

i. electroplating

j. envelope making

k. fire work / crackers production

l. flour mills operation

m. foundry

n. Garment manufacture

Revised Draft Bill 28th January 2010

o. glassware manufacturing

p. lock making

q. masala making

r. matches manufacture

s. papped making

t. pickle making

u. plastic manufacture

v. printing press work

w. rice mills, oil mills, dhal mills

x. sawmill work

y. soap manufacture

z. sports goods manufacture

aa. steel vessels and utensils manufacture

ab. timber industry (furniture manufacturing saw mills)

ac. toy making

ad. butchery

ae. welding

af. engineering work

ag. tin containers

ah. sago

ai. nib making

aj. tanning (including hides and skill production), leather goods

manufacture

ak. footwear production

Revised Draft Bill 28th January 2010

17. DOMESTIC

a. gardening,

b. baby sitting,

c. cook

d. cleaning & washing

e. care of the sick & aged

18. LOADING UNLOADING GOODS SHEDS, YARDS MARKETS

ETC

a. headload work

b. cleaning

c. stacking

19. TAILORING

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