The Internal Committee (IC)
The Sexual Harassment of Women and Workplace (Prevention, Prohibition & Redressal) Act, 2013 referred to formation of Internal Complaints Committee (ICC). However, this was amended in 2016 so as to call the committee as Internal Committee (IC).
Section 4 of the PoSH Act makes it mandatory for every Employer to constitute an IC by order in writing. Each office, administrative unit, located at different place, is required to have an IC in place. The primary objective for this provision is access to the IC for any employee from any unit. If there are different establishments under the same management, each of such establishment needs to have a separate IC.
The composition of IC is also laid out clearly in this Section 4 of the Act. Any IC within a workplace shall have minimum 4 members including the Presiding Officer and the external member. At least half of the members nominated for IC i.e. 50% of the total strength of IC shall be women. Each member of the IC shall hold the office for a period three (3) years for the date of their nomination.
The Presiding Officer shall be a woman employee, employed at a senior level at the workplace. In case, such woman employee is not available at any unit, then a senior woman employee from other units or administrative offices can be nominated as the Presiding Officer. If no such woman employee can be nominated from other units, then Presiding Officer from any other workplace of the same employer or any other department or any other organization can be nominated.
Minimum two (2) members from amongst the employees are to be nominated as members of the IC. This is minimum number prescribed and any organization can nominate more employees as members of the IC, considering the size and employee strength of the organization. For such nomination, preference shall be given to such employees, who are either committed to the cause of women or have had experience in social work or have legal knowledge.
One member, more commonly known as the external member, shall be person from amongst NGOs (non-governmental organizations) or associations committed to cause of women. Such member can also be a person familiar with issues relating to sexual harassment. The external member is to be paid fees or allowance for his/ her contribution.
The Presiding Officer or any of the members of the IC shall be removed from the committee, if he/ she violates the obligation of confidentiality; or is convicted for an offence or if any inquiry into an offence is pending against him/ her under any law in force; or is found guilty in any disciplinary proceedings or any disciplinary proceedings are pending against him/ her; or abused his position as the member of the IC.
In case an Employer fails to form an IC, he is punishable with fine which may extend to fifty thousand rupees (Rs. 50,000/-). If the employer, fails to form an IC, even after being fined once for such failure, he shall be liable to twice the punishment. His business license can also be cancelled/ withdrawn by the local authority/ Government.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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