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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