In 2 minutes
Requires a written order constituting the Internal Committee at each relevant administrative unit or office and prescribes its composition, gender balance, tenure and external member.
Constitution hygiene: use a written order; constitute at each administrative unit/office where required; appoint a senior woman Presiding Officer, at least two internal members and one qualified external member; ensure at least half the total members are women; track tenure not exceeding three years.
Statutory text
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 Committees 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 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.
Source transcription: India Code consolidated Act PDF. Check the official source for a live matter.
Finin2min Q&A
What should an employer or committee do first?
Create the record identified above, check the linked Rule and preserve a dated decision trail. Do not replace the statutory process with an informal HR discussion where the Act applies.
What needs jurisdiction-specific checking?
State rules and notifications, District Officer and Local Committee details, service rules, standing orders, appellate forum and any sector regulator requirements.