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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Anita was harassed on 5 January, 20 February and 10 March in a series of incidents. She files a written complaint on 20 June (more than three months after 10 March) and explains that she was hospitalised. Which statement is correct under the Act?

Time runs from the last incident, 10 March, so the ordinary three months ended on 10 June. The committee may, for reasons recorded in writing, extend it by up to three months if circumstances prevented her. Hospitalisation could qualify, so the complaint is not absolutely barred.

  1. AThe complaint is barred absolutely, as the three months ran from 5 January
  2. BThe time runs from 10 March, and the committee may, for reasons recorded in writing, extend the period by not more than three months if circumstances prevented her filingCorrect
  3. CThe committee may extend the time by any period it considers fit
  4. DThe complaint must be made to the District Officer only

Explanation

Under section 9(1), the three months run from the last incident in a series, here 10 March, so the normal period ended on 10 June. The committee may extend the time by up to three months for reasons recorded in writing. The 20 June filing is within that extension. Time is not counted from the first incident, and there is no unlimited power to extend.

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