Dear Seniors, Which is the Correct Committee title, Sexual Harassment Redressal Committee Or Internal Complaint Committee.I Need Clarification, Plz suggest me.
From India, Bangalore
4From India, Bangalore
Hi
As per the provisions of the Act, the nomenclature of the committee is "Internal Compliance Committee" (in short ICC).
However, by virtue of amendment to the Act notified in the Gazette Notification on 9th May, 2016 – Extraordinary Part II Section 1 - Second Schedule the nomenclature was changed to :" Internal Committee".
Hence, the correct Title is "Internal Committee"
I am associated with few MNCs as External Member of the IC on PAN INDIA BASIS
P.S.Lakshmanan
S.G. Management Services
Kolkata
(m) 9831877248
From India, Kolkata
As per the provisions of the Act, the nomenclature of the committee is "Internal Compliance Committee" (in short ICC).
However, by virtue of amendment to the Act notified in the Gazette Notification on 9th May, 2016 – Extraordinary Part II Section 1 - Second Schedule the nomenclature was changed to :" Internal Committee".
Hence, the correct Title is "Internal Committee"
I am associated with few MNCs as External Member of the IC on PAN INDIA BASIS
P.S.Lakshmanan
S.G. Management Services
Kolkata
(m) 9831877248
From India, Kolkata
Hi, As per the provisions of the act it is 'Internal Committee', means an Internal Complaints Committee (not internal compliance committee)Refer sec.2(h) of the act.
From India, Dombivali
From India, Dombivali
Can you please share a copy of the gazette notification changing the name to Internal Committee?
From India, Mumbai
From India, Mumbai
The Legal provision :-
Chapter II Constitution of Internal Complaints Committee
4. Constitution of Internal Complaints Committee.
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 (l):
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 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.
In the above provision both "Internal Complaints Committee" and " Internal Committee " has been used .
V.Sounder Rajan-
HR Law and Employment Law Attorney for Indian Contract Staffing Industry
M:9840142164
Chapter II Constitution of Internal Complaints Committee
4. Constitution of Internal Complaints Committee.
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 (l):
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 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.
In the above provision both "Internal Complaints Committee" and " Internal Committee " has been used .
V.Sounder Rajan-
HR Law and Employment Law Attorney for Indian Contract Staffing Industry
M:9840142164
Dear Seniors, Which is the Correct Committee title, Sexual Harassment Redressal Committee Or Internal Complaint Committee.I Need Clarification, Plz suggest me.
From Bangladesh, Narayanganj
From Bangladesh, Narayanganj
Hi
This is just to keep you informed that he Ministry of Law & Justice has published a Gazette Notification on 9th May, 2016 – Extraordinary Part II Section 1 notifying The Repealing and Amendment Act, 2016 by repealing various enactments included in First Schedule and amendments to certain enactments included in the Second Schedule including The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
For Amendment to Section 6, 7 and 24 –(Please refer – Page 14 – Second Schedule of the Notification. The following are the amendments to Sexual Harassment Act.
“ (i) for the words “Local Complaints Committee”, wherever they occur, the words “Local Committee” shall be substituted;
(ii) for the words “Internal Complaints Committee”, wherever they occur, the words “Internal Committee” shall be substituted
The role of the sexual harassment Committees will not be restricted to complaint resolution but will encompass prevention and many other doables”.
A copy of the aforesaid Gazette Notification is attached herewith for your kind perusal.
Regards
P.S.Lakshmanan
S.G.Management Services
Kolkata
From India, Kolkata
This is just to keep you informed that he Ministry of Law & Justice has published a Gazette Notification on 9th May, 2016 – Extraordinary Part II Section 1 notifying The Repealing and Amendment Act, 2016 by repealing various enactments included in First Schedule and amendments to certain enactments included in the Second Schedule including The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
For Amendment to Section 6, 7 and 24 –(Please refer – Page 14 – Second Schedule of the Notification. The following are the amendments to Sexual Harassment Act.
“ (i) for the words “Local Complaints Committee”, wherever they occur, the words “Local Committee” shall be substituted;
(ii) for the words “Internal Complaints Committee”, wherever they occur, the words “Internal Committee” shall be substituted
The role of the sexual harassment Committees will not be restricted to complaint resolution but will encompass prevention and many other doables”.
A copy of the aforesaid Gazette Notification is attached herewith for your kind perusal.
Regards
P.S.Lakshmanan
S.G.Management Services
Kolkata
From India, Kolkata
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Sexual Harassment of women at workplace (Prevention, Prohibition & Redressal) Act 2013.pdf