(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.
Legal Commentary & Landmark Judgments: Section 9
Section 9 governs the procedure and timeline for filing a formal complaint of workplace sexual harassment before the Internal Committee or Local Committee.
Sub-section (2) mandates that where the complaint cannot be made in writing, the Presiding Officer or Committee members must render all reasonable assistance to the woman to reduce it to writing. Under the proviso to sub-section (1), if the woman is unable to make a complaint due to physical or mental incapacity, or death, her legal heirs or authorized representatives may file the complaint.
Section 9 balances procedural promptness with trauma sensitivity. The power to condone delay recognizes the psychological paralysis, fear of professional retaliation, and social stigma frequently experienced by victims, precluding respondents from securing dismissals purely on strict limitation grounds.