Section 2 Definitions
- Chapter
- I · Preliminary
In this Act, unless the context otherwise requires,--
(a) "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." means--
(i) in relation to a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses., a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature. by the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9.;
(ii) in relation to dwelling place or house, a woman of any age who is employed in such a dwelling place or house;
(b) "appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory." means--
(i) in relation to a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly--
(A) by the Central Government or the Union territory administration, the Central Government;
(B) by the State Government, the State Government;
(ii) in relation to any workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. not covered under sub-clause (i) and falling within its territory, the State Government;
(c) "ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7" means the ChairpersonDefined in section 2(c): Chairperson means the Chairperson of the Local Committee nominated under sub section (1) of section 7 of the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. nominated under sub-section (1) of section 7;
(d) "District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act." means an officer notified under section 5;
(e) "domestic workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members." means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis, but does not include any memberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of the family of the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace.;
(f) "employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers." means a person employed at a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace., whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name;
(g) "employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace." means--
(i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. 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 GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. or the local authority, as the case may be, may by an order specify in this behalf;
(ii) in any workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses..
Explanation.--For the purposes of this sub-clause "management" includes the person or board or committee responsible for formulation and administration of policies for such organisation;
(iii) in relation to workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. covered under sub-clauses (i) and (ii), the person discharging contractual obligations with respect to his or her employees;
(iv) in relation to a dwelling place or house, a person or a household who employs or benefits from the employment of domestic workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members., irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic workerDefined in section 2(e): a woman employed for household work for remuneration, directly or through an agency, excluding family members.;
(h) "Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer." means an Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. constituted under section 4;
(i) "Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer." means the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer. constituted under section 6;
(j) "MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be" means a MemberDefined in section 2(j): Member means a Member of the Internal Committee or the Local Committee, as the case may be of 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;
(k) "prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act" means prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act by rules made under this Act;
(l) "Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2)." means the Presiding OfficerDefined in section 2(l): the Presiding Officer of the Internal Committee nominated under section 4(2). of the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. nominated under sub-section (2) of section 4;
(m) "respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9." means a person against whom 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. has made a complaint under section 9;
(n) "sexual harassmentDefined in section 2(n): includes unwelcome physical contact, requests for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of sexual nature." includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:--
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
(o) "workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses." 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 GovernmentDefined in section 2(b): the Central Government or State Government depending on ownership, control, financing, and territory. or the local authority or a Government company or a corporation or a co-operative society;
(ii) 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;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
(v) any place visited by the employeeDefined in section 2(f): includes regular, temporary, ad hoc, daily wage, contract, probationer, trainee, apprentice, voluntary, and similar workers. arising out of or during the course of employment including transportation by the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. for undertaking such journey;
(vi) a dwelling place or a house;
(p) "unorganised sectorDefined in section 2(p): small individual or self-employed enterprises, including workplaces with fewer than ten workers." in relation to a workplaceDefined in section 2(o): includes public and private establishments, hospitals, sports venues, places visited during employment, employer-provided transport, and dwelling places or houses. means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten.