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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act

Chapter II - Constitution of Internal Complaints Committee

Section 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 "lnternal Complaints Committee":
Provided that where the offices or administrative units of the workplace arc located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The lnternal Committee shall consist of the following members to be nominated by the employer. namely: ·-
(a) a Presiding officer who shall be & 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 offense 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 he filled by fresh nomination in accordance
with the provisions of this section.