Section 11 Inquiry into complaint
- Chapter
- IV · Complaint
(1) Subject to the provisions of section 10, the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall, where the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. is an employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers., proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. and where no such rules exist, in such manner as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act or in case of a domestic workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members., the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. shall, if prima facie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable:
Provided that where the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. informs the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9., the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. 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 opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.
(2) Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. by the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9., having regard to the provisions of section 15.
(3) For the purpose of making an inquiry under sub-section (1), the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.
(4) The inquiry under sub-section (1) shall be completed within a period of ninety days.