SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE: -

1. Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee":

2.   The Internal Committee shall consist of the following members to be nominated by the employer, namely:—

(a) a Presiding Officer who shall be a woman employed at a senior level at    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;

(b) 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;

(c) one member from amongst non-governmental organizations or associations committed (third Party) 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.

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.

4. The Member appointed from amongst the non-governmental organizations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.

5. Where the Presiding Officer or any Member of the Internal Committee,- 

a) contravenes the provisions of section 16; or

b) 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

c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or

d) 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.

·  All members of the Complaints Committee, whether internal or third parties should be neutral and unbiased.

·         If a member of the Complaints Committee is junior in the hierarchy of the establishment concerned to the defendant, then for that particular case, that member shall be substituted on the Committee by another person.

·         An Internal Complaints Committee constituted under Section 13 shall be appointed for a period of three years, after which a new Committee shall be appointed, Provided that the previous Committee or individual members of the previous Committee may be reappointed, but not for more than two terms.

·         A member appointed to the internal complaints committee from the list of third parties , shall be paid Traveling Allowance, at such rates as may be prescribed by the concerned workplace, for each day on which he/she is required to attend to the proceedings of the committee.

* “List of Third Parties” means the list of persons drawn up by the district Officer under this Act, consisting of persons from various fields who have worked for / in the field of women’s rights, including women’s rights activists; social workers; activists from NGOs; counselors; lawyers; doctors; psychiatrists; trade unionists; representatives of peasant and agricultural organizations and journalists etc.