Section 23 in The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Title: Appropriate Government to monitor implementation and maintain data.
The appropriate Government shall monitor the implementation of this Act and maintain date on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace.
Title: Appropriate Government to take measures to publicise the Act.
The appropriate Government may, subject to the availability of financial and other resources, —
(a) develop relevant information, education, communication and training materials, and organise awareness programmes, to advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at workplace;
(b) formulate orientation and training programmes for the members of the 1[Local Committee].
1. Subs. by Act 23 of 2016, s. 3 and the Second Schedule, for "Local Complaints Committee" (w.e.f. 6-5-2016)
Title: Power to call for information and inspection of records.
(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 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.
Title: Penalty for non-compliance with provisions of Act.
(1) Where the employer fails to—
(a) constitute an Internal Committee under sub-section (1) of section 4;
(b) take action under sections 13, 14 and 22; and
(c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder,
he shall be punishable with fine which may extend to fifty thousand rupees.
(2) If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to—
(i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence:
Provided that in case a higher punishment is prescribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment;
(ii) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.
Title: Cognizance of offence by courts.
(1) No court shall take cognizance of any offence punishable under this Act or any rules made thereunder, save on a complaint made by the aggrieved woman or any person authorised by the Internal Committee or Local Committee in this behalf.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(3) Every offence under this Act shall be non-cognizable.