POSH Act Section 9 — Complaint of sexual harassment

CHAPTER IV COMPLAINT

Service / Employment

Summary

Sub-section (1) states that a woman who has faced sexual harassment at the workplace can file a written complaint with the Internal Committee, if one has been set up, or with the Local Committee if no Internal Committee exists. She must file this complaint within three months from the date of the incident, or within three months from the date of the last incident if there has been a series of incidents.

The first proviso to sub-section (1) says that if the woman is unable to make the complaint in writing, the Presiding Officer or any Member of the Internal Committee, or the Chairperson or any Member of the Local Committee, as the case may be, must provide all reasonable assistance to help her put the complaint in writing.

The second proviso to sub-section (1) allows the Internal Committee or the Local Committee to extend the time limit for filing the complaint by up to three more months, but only if it records the reasons in writing and is satisfied that the circumstances prevented the woman from filing the complaint within the original three-month period.

Sub-section (2) provides that if the woman is unable to file a complaint herself because of physical or mental incapacity, her death, or any other reason, then her legal heir or any other person as may be prescribed can file the complaint on her behalf under this section.

Official Text

(1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident:

Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing:

Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months , if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.

(2) Where the aggrieved woman is unable 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.

Referred to by