- (b) formulate orientation and training programmes for the members of the Local Complaints Committee.
Power to call for information and inspection of records. 25. (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 nay 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.
Penalty for non-compliance with provisions of Act. 26. (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.
Cognizance of offense by Courts. 27. (1) No court shall take cognizance of any offence punishable under this Act or any rules made thereunder, save an 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.
Act not in derogation of any other law. 28. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
Power of appropriate Government to make rules. 29. (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 fees or allowances to be paid to the Members under sub-section (4) of section 4;
- (b) nomination of members under clause (c) of sub-section (1) of section 7;
- (c) the fees or allowances to be paid to the Chairperson, and Members under sub-section (4) of section 7;
