+- Bare Acts Sections and Orders (https://section.org.in)
+-- Forum: Central And State Acts (https://section.org.in/forumdisplay.php?fid=78)
+--- Forum: Sexual Harassment Of Women At Workplace (https://section.org.in/forumdisplay.php?fid=100)
+--- Thread: Section 4 - Constitution of Internal Complaints Committee (/showthread.php?tid=2424)
Section 4 - Constitution of Internal Complaints Committee - Legal Flag - 02-09-2023
(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.
(2) The Internal Committees 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(1):
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 organisation;
(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;
© one member from amongst non-governmental organisations 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.
(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 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.
(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
© he has been found quilty 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.
RE: Section 4 - Constitution of Internal Complaints Committee - amrutap - 02-10-2023
sec 4 (2) (a) second proviso-
it says that if other office or unit of such an employer does not have senior senior-level employee presiding officer can be appointed from any workplace of the same employer or other department or organization.
so my question is that the other department or organization has to be of the same employer or someone else's?
RE: Section 4 - Constitution of Internal Complaints Committee - janikathadani - 02-17-2023
it has to be of the same employer.
RE: Section 4 - Constitution of Internal Complaints Committee - Prabhakar - 05-05-2023
The Internal Complaints Committee (ICC) is a committee set up by an organization to handle complaints of sexual harassment. According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every employer is required to constitute an ICC within their organization.
The ICC is responsible for receiving and investigating complaints of sexual harassment at the workplace, and recommending appropriate action to be taken against the accused. The committee should be headed by a woman and at least half of its members should be women. The ICC should also include an external member who is familiar with issues related to sexual harassment.
The constitution of the ICC should be communicated to all employees of the organization, and employees should be made aware of the details of the committee and its functions. The ICC should also conduct regular awareness and sensitization programs on sexual harassment for all employees.
The ICC should be set up in a timely manner, and should function independently and impartially. Members of the ICC should be trained in the legal and procedural aspects of handling complaints of sexual harassment.
The ICC should maintain confidentiality of the complainant and the accused during the investigation process. It should also ensure that there is no victimization or retaliation against the complainant or witnesses.
Overall, the constitution of the ICC is an important step in ensuring a safe and harassment-free workplace for all employees.