Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- (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;
- (c)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
- (c)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.
Summary
- It requires every employer to set up an Internal Complaints Committee through a written order, placing committees at all administrative units or offices if there are multiple branches.
- It mandates that the committee must be headed by a Presiding Officer, who is the leader of the committee and must be a senior-level woman employee of that workplace.
- It dictates that the committee must include at least two employees who support women's causes or have social work or legal experience.
- It requires one member to be an external person from non-governmental organisations, which are private non-profit groups, or associations committed to women's causes.
- It rules that at least half of the total members on the committee must be women, and their term of office cannot exceed three years.
- It outlines specific reasons for removing a member, such as breaching confidentiality under Section 16, facing criminal charges, being found guilty in disciplinary proceedings, or abusing their office.
Practical examples
FAQ
1. Who must head the Internal Complaints Committee under Section 4 of the Sexual Harassment of Women at Workplace Act?
Under Section 4(2)(a) of the Act, the committee must be headed by a Presiding Officer who is a woman employed at a senior level at the workplace.
2. Can an external person be a member of the Internal Complaints Committee under Section 4 of the Act?
Yes, Section 4(2)(c) of the Act requires one member to be from a non-governmental organization or association committed to the cause of women, or a person familiar with sexual harassment issues.
3. What is the maximum duration a member can serve on the Internal Complaints Committee under Section 4?
Under Section 4(3) of the Act, the Presiding Officer and every member can hold office for a period specified by the employer, which cannot exceed three years.
4. Under what circumstances can a member of the Internal Complaints Committee be removed under Section 4?
Under Section 4(5) of the Act, a member must be removed if they leak confidential details, get convicted of an offense, face disciplinary proceedings, or abuse their position.
Test yourself
Q1.Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, if a senior-level woman employee is not available in an office, how should the Presiding Officer be selected?
Q2.Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what is the minimum proportion of women that must make up the Internal Complaints Committee?
Q3.Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, who is responsible for paying the fees and allowances of the external NGO member?
Q4.When an employer constitutes an Internal Complaints Committee under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, how must the term "employer" be understood in the context of a private company, according to Section 2?