1       What is POSH Committee?

There are two types of committees under the POSH Act, 2013 namely the Internal Complaints Committee and the Local Committee to meet the objectives of the POSH Act, 2013. The Internal Committee or the Local Committee shall in each calendar year prepare an annual report and submit the same to the employer and the District Officer respectively. Subsequently, the district officer shall forward a brief report on the annual reports to the State Government. The article addresses various questions regarding the Internal Complaints Committee and Local Committee.

1.1     Internal Complaint Committee:

An employer having a number of employees greater than 10 has to set up an internal committee at each of its workplaces. This committee is known as the internal complaint committee.

1.2     Local Complaint Committee:

An appointed district officer shall constitute in the district concerned, a committee to be known as the Local Committee. The primary duty of the local committee is to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted due to having less than ten workers or if the complaint of sexual harassment is against the employer himself.

2       Is POSH Committee mandatory?

Yes, the POSH Committee is a mandatory requirement to be established by the employer or by the district officer. Under section 4 of the POSH Act, the employer is required to constitute the internal committee at each of its workplaces and under section 6 of the POSH Act, the district officer is required to constitute the local committee in its concerned district.

2.1     Internal Complaints Committee

2.1.1     How does the employer constitute the Internal Complaints Committee under the POSH Act, 2013?

The internal committee is constituted by issuing a written order by the employer for each of its workplaces to comply with the requirements of the POSH Act, 2013.

2.1.2     The employer has multiple offices across different cities or different states. Would a centralized internal complaints committee be sufficient to comply with section 4 of the POSH Act?

The exception clause in section 4 of the POSH Act, 2013 highlights the scenario when the employer has different offices or administrative units of the workplace at different locations. The exception clause discloses that it would be mandatory for the employer to constitute the internal committee at all the administrative units or offices where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional levels.

2.1.3     Who can be the members of the Internal Complaints Committee under the POSH Act 2013?

The Internal Committees shall consist of the members which will be nominated by the employer. At any instance of the time, at least one-half of the total Members so nominated shall be women members. The members are namely:

2.1.3.1   a Presiding Officer

The presiding officer of the Internal Complaints Committee will be a woman employed at a senior level at the workplace and is selected from amongst the employees of the workplace.

2.1.3.2   at least two Members amongst the employees

The employer can nominate at least two members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge.

2.1.3.3   One External Member

The employer has to nominate one external member in the Internal Complaints Committee. The external member can be from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

2.1.4     What is the term of the presiding officer or the member of the Internal Complaints Committee?

The term of the Presiding Officer or the member of the Internal Complaints Committee can hold the office either for a period as per the nomination of the employer. However, in any case, the term of the Presiding Officer or the member can not exceed three years.

2.1.5     What should an employer do if no woman employee at the senior level is found at the workplace for the nomination of the presiding officer?

The employer may nominate the senior woman employee from its other offices or administrative units of the workplace when the employer is not able to find the woman employed at the senior level at the current workplace. In scenarios when the other offices or administrative units of the workplace do not have a senior level woman employee, the employer may nominate the Presiding Officer from its other workplace or other department or organization.

2.1.6     Can an employer remove the presiding officer or any other member of the Internal Complaints Committee?

The presiding officer or any other member of the Internal Complaints Committee can be removed when any one condition of the following conditions are met.

·       The Presiding Officer or the member contravenes the provisions of section 16; or

·       The Presiding Officer or the member 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

·       The Presiding Officer has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or

·       The Presiding Officer or the member has so abused his position as to render his continuance in office prejudicial to the public interest.

2.2     LOCAL COMMITTEE Under the POSH Act

2.2.1     Who is a district officer under the POSH Act?

The appropriate Government may notify a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a District Officer for every District to exercise powers or discharge functions under this Act.

2.2.2     Who can constitute the Local Committee and what is the primary objective of the Local Committee?

The notified district officer has to constitute the Local Committee in the concerned district. The primary objective of the Local Committee is to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself for an area of the district where it is constituted. To achieve the primary objective, the district officer may designate one nodal officer in every block, taluka and tehsil in the rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Committee within seven days.

2.2.3     Who can be the members of the Local Committee under the POSH Act 2013?

The Local Committee shall consist of the following five members to be nominated by the District Officer. , namely:

2.2.3.1   Chairperson

The Chairperson should be nominated from amongst the eminent women in the field of social work and committed to the cause of women.

2.2.3.2   One Woman member working in the block, taluka or tehsil or ward or municipality in the district.

2.2.3.3   Two External Members

These two external members should be non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment. However, at least one member among the two external members must be a woman. Further, at least one member should have a background in law or legal knowledge and at least one member shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community as notified by the Central Government.

2.2.3.4   Ex-Officio Member

The Local Committee must have an ex-officio member who is a concerned officer dealing with the social welfare or women and child development in the district.

2.2.4     What is the term of the Chairperson or the member of the Local Committee?

The term of the Chairperson and every Member of the Local Committee shall be a period as per the appointment letter specified by the District Officer. However, the period can not exceed three years from the date of their respective appointment.

2.2.5     Can the chairperson or any other member of the Local Committee be removed before the expiry of their respective term?

The chairperson or the other member of the Local Committee can be removed if any one condition of the following conditions is met.

·       The Chairperson or any member of the Local Committee contravenes the provisions of section 16; or

·       The Chairperson or any member of the Local Committee 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

·       The Chairperson or any member of the Local Committee has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or

·       The Chairperson or any member of the Local Committee has so abused his position as to render his continuance in office prejudicial to the public interest.