CHAPTER II
CONSTITUTION OF COMMITTES
Constitution of Internal Complaints
Committee.
4. (1) For the purpose of this Act, every employer of a
work place shall constitute, by an Office Order in writing, an 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 Committee shall be constituted at all administrative
units or offices.
(2) The Committee shall consist of the following
members namely:-
(a) a Chairperson, from amongst employees, who shall be
a senior level woman, committed to the cause of women. In case a senior level
woman employee is not available, the Chairperson shall be appointed from a
sister organization or a non-governmental organization;
(b) not less
than two members from amongst employees committed to the cause of women or who
have had experience in social work; and
(c) one member from amongst such
non-governmental organisations or associations or other interests committed to
the cause of women, as may be specified:
Provided that atleast fifty per
cent of the members so nominated shall be women.
(3) The Chairperson
and every member of the Committee shall hold office for such period, not
exceeding three years, from the date of their nomination as may be
specified.
(4) The Chairperson and members of the Committee shall be
entitled to such allowances or remuneration as may be prescribed.
(5)
Where the Chairperson or any member of the Committee contravenes the provisions
of section 14, such Chairperson 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 appointment in accordance with the provisions of this section.
5. The appropriate Government may appoint a District
Magistrate or Additional District Magistrate or the Collector or Deputy
Collector as a District Officer for every District to carry out the functions
under this Act.
Appointment of District Officer
6. (1) Where at a
workplace, constitution of the Committee is not possible or practicable, or
where the complaint is against the employer himself, the District Officer may,
constitute at every Block, a Local Complaints Committee.
(2) The Local
Committee shall consist of the following members:-
(a) a chairperson to
be appointed by the appropriate Government from amongst women committed to the
cause of women;
(b) one member to be appointed by the appropriate
Government from amongst the registered trade unions or workers associations
functioning in that block or district;
(c) two members, of whom at
least one shall be a woman, to be appointed by the appropriate Government from
amongst such Non-Governmental Organizations or associations or other interests
committed to the cause of women, as may be specified.
(3) The
Chairperson and every member of the Local Committee shall hold office for such
period, not exceeding three years, from the date of their appointment as may be
specified.
(4) The Chairperson and Members of the Local Committee
shall be entitled to such allowances or remuneration as may be prescribed.
(5) The jurisdiction of the Local Committee shall be limited to the
area within the Block level where it is constituted.
(6) Where the
Chairperson or any member of the Local Committee contravenes the provisions of
section 14, such Chairperson or member, as the case may be, shall be removed
from the Local Committee and the vacancy so created or any casual vacancy shall
be filled by fresh appointment in accordance with the provisions of this
section.
Constitution of Local Complaints
Committee.
CHAPTER III
COMPLAINT
Complaint of sexual harassment. 7.
(1) An aggrieved woman may make a complaint of sexual harassment at workplace to
the Committee or the Local Committee, as the case may be, in
writing:
Provided that where such complaint cannot be made in
writing, the Chairperson or any member of the Committee or the Local Committee,
as the case may be, shall render all reasonable assistance to the woman making
the complaint to reduce the same in writing.
(2) Where the aggrieved
woman is not able 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.
8. (1) At the request
of the aggrieved woman the Committee or the Local Committee, as the case may be,
may, before initiating enquiry under this Act, take steps to settle the matter
between her and the respondent through conciliation.
(2) Where a
settlement is arrived at under sub-section (1), the Committee or the Local
Committee, as the case may be, shall record the settlement and recommend the
employer not to take any action in the matter.
(3) The Committee or
the Local Committee, as the case may be, shall provide the copies of the
settlement recorded under sub-section (2) to the aggrieved woman and the
respondent.
(4) Where a settlement is arrived at under sub-section
(1), no further enquiry shall be conducted by the Committee or the Local
Committee, as the case may be.
Conciliation
9. (1)
Where conciliation under sub-section (1) of section 8 is not arrived at, the
Committee or the Local Committee, as the case may be, shall, subject to the
provisions of section 14, proceed to make enquiry into the complaint in such
manner as may be prescribed:
Provided that where the aggrieved woman
informs the Committee or the Local Committee, as the case may be, that any term
or condition of the conciliation arrived at under sub-section (1) of section 8
has not been complied with by the respondent, the Committee or the Local
Committee shall also proceed to make inquiry into the complaint.
(2)
The Committee or the Local Committee, as the case may be, shall have such powers
for the purpose of making enquiry under sub-section (1) as may be
prescribed.
(3) The enquiry under sub-section (1) shall be completed
within a period of ninety days.
(4) Where the Committee or the Local
Committee, as the case may be, fails to complete the enquiry within the period
specified under sub-section (3), the employer or the District Officer, as the
case may be, may take such action as may be prescribed.
Enquiry
into complaint.
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