Constitution of Internal Complaints Committee

Section 4

Constitution of Internal Complaints Committee

Section 4 is the bedrock duty of every employer. Sub-section (1) is the obligation: every employer 'shall' — not 'may' — by a written order, constitute an Internal Committee. The Proviso to sub-section (1) requires a separate Internal Committee at every administrative unit or branch — a multi-city company cannot run a single 'central' IC for all locations. Sub-section (2) sets the composition. The Committee must have at least four members: (a) a Presiding Officer who is a senior-level woman employee at the workplace; (b) at least two members from among the employees, preferably committed to women's causes or with social-work / legal background; and (c) one external member from an NGO / association committed to women's causes or familiar with sexual-harassment issues. At least half the members must be women. The Provisos to clause (a) handle the practical reality that smaller workplaces may not have a senior woman employee — the employer can then borrow from another administrative unit or another workplace of the same employer (or a different organisation). Sub-section (3) caps the tenure at three years from the date of nomination, with the employer setting the actual term within that ceiling. Sub-section (4) ensures the external member is paid prescribed fees — these are paid by the employer. Sub-section (5) lays down four removal grounds: (a) violation of the Section 16 confidentiality rule; (b) conviction or pending criminal inquiry; (c) being found guilty in or facing disciplinary proceedings; or (d) abusing position prejudicial to public interest. On removal, the vacancy is filled by fresh nomination.