Constitution of Internal Complaint Committee (ICC) under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Government of Jammu and Kashmir
General Administration Department
Civil Secretariat, Srinagar.
Subject: Constitution of Internal Complaint Committee (ICC) under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Circular No, 32. GAD of 2019
Dated: – 30.05.2019
General Administration Department vide circular No. 13-GAD of 2019 dated 26.02.2019, impressed upon all Deputy Commissioners and Head of the Departments to constitute local complaint committee (LCC) at District Level in terms of Section-6 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Once again, the Ministry of Women and Child Development, Government of India, has advised to constitute Internal Complaint Committee (ICC) in terms of Section-4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Red ressa I ) Act, 2013.
The Section- 4 of the Act provides as under:-
“4 (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 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 (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 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 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.”
Accordingly, it is impressed upon all the Administrative Secretaries, Deputy Commissioners and Heads of the Department to constitute Internal Complaint Committee (ICC) in terms of Section-4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all the offices, Administrative Units and work places as defined under the Act within a week’s time Positively.
The compliance report in the matter may be sent the General Administration Department by or before 7th of June, 2019.
Additional Secretary to the Government