Employer of a workplace shall constitute an order in writing, a Committee to be known as the Internal Complaint Committee (ICC) as per Section 4 of the PoSH Act, 2013.
The Internal Complaint Committee should be located at all workplaces. Where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the internal Committee shall be located at all administrative units or offices.
Constitution
The Internal Complaints Committee shall constitute of the following members (Section 4(2)a, b and c of the Act):
- Presiding Officer: One: a woman employed at a senior level at the workplace from amongst employees (in case a senior level women employee is not available, the Presiding officer shall be nominated from the other offices or administrative units of the workplace.
- Members: not less than two: from employees preferably committed to the cause of women or who have experience in social work or have a legal knowledge
- Member: One: from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment
- At least one-half of the total members shall be women.
Tenure
The Presiding Officer and every member of the Internal Committee shall hold office for a period not exceeding three years from the date of nomination as a member.
(Section 4 (3) of the Act).
Responsibilities
The Internal Complaints Committee shall:
- provide assistance if an employee or a student chooses to file a complaint with the police.
- provide mechanisms of dispute redressal and dialogue to anticipate and address issues through just and fair conciliation without undermining complainant’s rights, and minimize the need for purely punitive approaches that lead to further resentment, alienation or violence;
- protect the safety of the complainant by not divulging the person’s identity, and provide the mandatory relief by way of sanctioned leave or relaxation of attendance requirement or transfer to another department or supervisor as required during the pendency of the complaint, or also provide for the transfer of the offender
- ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment; and
- ensure the prohibition of retaliation or adverse action against a covered individual because the employee or the student is engaged in protected activity.
Section and sub-sections
Various section and subsections as listed, in Act are
Section 4. Constitution of Internal Complaints Committee.
Sub-section 1.
Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:
Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.
Sub-section 2.
The Internal Committee shall consist of the following members to be nominated by the employer, namely:—
- A Presiding Officer who shall be a woman employed at a senior level at the workplace from amongst the employees:
Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (l):
Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organization;
- not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
- one member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:
Provided that at least one-half of the total Members so nominated shall be women.
Sub-section 3.
The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
Sub-section 4.
The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.
Sub-section 5.
Where the Presiding Officer or any Member of the Internal Committee
- contravenes the provisions of section 16; or
- has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
- he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
- has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.
