The document summarizes the key aspects of establishing Internal Complaints Committees and Local Complaints Committees according to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. It outlines that every employer must constitute an Internal Complaints Committee to address sexual harassment complaints. It describes the committee's composition and procedures for filing complaints, conducting inquiries, and settling matters through conciliation. For workplaces with fewer than 10 employees or complaints against the employer, complaints can be filed with the Local Complaints Committee constituted at the district level.

1. In accordance with the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013
(Act), it is mandatory for every employer of a workplace to establish
a Committee to be known as the “Internal Complaints Committee.”
According to clause (o) of Section 1 of the Act, workplace includes,
among others:-
“
ii. Any privatesector organizationor a private venture, undertaking,
enterprise, institution, establishment, society, trust, non-
governmental organization, unit or service provider carrying on
commercial, professional, vocational, educational, entertainmental,
industrial, health services or financial activities including
production, supply, sale, distribution or service;”
The Act defines sexual harassment under clause (n) of Section 1 as,
“Sexual harassment includes any one or more of the following
unwelcome acts or behavior (whether directly or by implication)
namely:-
i. Physical contact and advances; or
ii. A demand or request for sexual favours; or
iii. Making sexually coloured remarks; or
iv. Showing pornography; or
v. Any other unwelcome physical, verbal or non-verbal conduct
of sexual nature;”
Further, clause (2) of Section 4 describes certain circumstances,
among other circumstances, which may amount to sexual harassment.
The circumstances described are as follows:-

2. “
i. implied or explicit promise of preferential treatment in her
employment; or
ii. implied or explicit threat of detrimental treatment in her
employment; or
iii. implied or explicit threat about her present or future
employment status; or
iv. interference with her work or creating an intimidating or
offensive or hostile work environment for her; or
v. Humiliating treatment likely to affect her health or safety.”
Constitution of the Internal Complaints Committee
1. The Act has made it mandatory for every employer1 of a
workplace to constitute a Committee to be known as the “Internal
Complaints Committee” specified under Section 4 of the Act. The
section also states that where, the offices or administrative units of the
workplace are located at different places or divisional or sub
divisional level, an Internal Committee should be constituted at all
administrative units or offices.
2. The Internal Committee shall consist of the following members
as specified in Clause (2) of Section 4, as follows:
1 According to S 2(g)(ii) of the Act, for a private establishment, department,
organization, undertaking, enterprise, institution, office, branch or unit or
any other workplace, any person responsible for the management,
supervision and control of the workplace is the employer. Management
includes the person or board or committee responsible for formulation and
administration of the policies for such organization.
Thus with regard to the above, the person discharging contractual obligations
with respect to his or her employees is the employer.

3. “
a) A Presiding Officer who shall be a woman employed at a
senior level at workplace from amongst the employees;
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
organizations or associations committed to the cause of women
or a person familiar with the issues relating to sexual
harassment.”
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. 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 organizations.
3. Pre-requisites of Internal Committee members are as follows:
i. Not less than two members from among the
employees preferably committed to the cause of
women or who have had experience in social work
or have legal knowledge;
ii. One member from amongst non-governmental
organization or associations committed to the
cause of women or a person familiar with the
issues relating to sexual harassment;
iii. One-half of the total members so nominated shall
be women.

4. 4. The Committee Members, including the Presiding Officer shall
hold office for a period of three years.
5. The member appointed from amongst the non-governmental
organizations or associations shall be paid such fees or allowances for
holding the proceedings of the internal Committee, by the employer,
as may be prescribed.2
6. Where the Presiding Officer or any Member of the Internal
Committee:-
a) Contravenes the provisions of Section 9 which
prohibits the publication or making known contents
of complaint and inquiry proceedings; 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 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 the
Act.
2 The member appointed from amongst non-governmental organizations shall
be entitled to an allowance of two hundred rupees per day for holding the
proceedings of the Internal Committee and also the reimbursement of
travel cost incurred in travelling by train in three tier air condition or air
conditioned bus and auto rickshaw or taxi, or the actual amount spent by
him on travel, whichever is less.

5. Constitution of Local Complaints Committee
A complaint to the Local Committee shall be made in the following
scenarios:-
a. When the victim is a domestic worker, as in case of
homes/ dwellings;
b. In unorganized sectors;
c. When there is no Internal Complaints Committee
created.
7. In every District, a District Magistrate or Additional District
Magistrate or the Collector or Deputy Collector shall be designated as
the District Officer to exercise powers or discharge functions under
this Act.
8. Every District Officer shall constitute a committee to be known
as the “Local Complaints Committee” to receive complaints of sexual
harassment from establishments where the Internal Complaints
Committee has not been constituted due to having less than ten
workers or if the complaint is against the employer himself.
9. The District officer shall designate one nodal officer in every
block, taluka and tehsil in rural or tribal area and ward or
municipality in the urban area, to receive complaints and forward the
same to the concerned Local Complaints Committee within a period
of seven days.
10. The Local Complaints Committee shall consist of the
following members, nominated by the District Officer:-

6. a) A Chairperson to be nominated from amongst the
eminent women in the field of social work and committed to
the cause of women;
b) One member to be nominated from amongst the women
working in block, taluka or tehsil or ward or municipality in the
district;
c) Two members, of whom at least one shall be a woman,
to be nominated from amongst such non-governmental
organizations or associations committed to the cause of women
or a person familiar with the issues relating to sexual
harassment, which may be prescribed.
d) The concerned officer dealing with the social welfare or
women and child development in the district, shall be a
member ex officio.
11. Pre-requisites of Local Complaints Committee are as follows:-
i. At least one of the nominees should, preferably,
have a background in law or legal knowledge.
ii. At least one of the nominees shall be a woman
belonging to the Scheduled Castes or Scheduled
Tribes or the Other Backward Classes or minority
community notified by the Central Government,
from time to time.
12. The period to hold the office and the consequences for default
by the Members of the Committee are same as that for the Internal
Complaints Committee, mentioned in Para (4) and Para (6)
respectively.

7. 13. The Chairperson and Members of the Local Committee
excluding the member nominated from amongst the women working
in block, taluka or tehsil or ward or municipality in the district and the
ex officio of the Committee, shall be entitled to such fees or
allowances for holding the proceedings of the Local Committee as
may be prescribed by the Central Government.
Complaint
14. According to Section 9 of the Act, any aggrieved woman can
make a complaint, in writing, of sexual harassment at workplace to
the Internal Committee, if so constituted, or the Local Committee, in
case not so constituted, within the period of three months from the
date of incident and in case of a series of incidents, within a period of
three months from the date of last incident.
15. If such a complaint cannot be made in writing, the Presiding
Officer or any Member of the Internal Committee or the Chairperson
or any Member of the Local Committee, shall render all reasonable
assistance to the woman for making complaints in writing.
16. In case, the aggrieved woman is unable to make a complaint
on account of her physical of mental incapacity or death or otherwise,
her legal heir or such other person as may be prescribed may make
such complaint.

8. Conciliation
17. Before the Internal Committee or Local Committee initiates an
inquiry against the complaint, at the request of the aggrieved woman,
the matter can be settled through conciliation.
18. The Act provides that no monetary settlement shall be made as
a basis of conciliation.
19. When a settlement is arrived through conciliation, no further
inquiry shall be conducted by the Internal/ Local Committee.
20. But if the aggrieved woman informs the Internal/ Local
Committee, as the case may be, that any term or condition of the
settlement arrived through conciliation has not been complied with by
the respondent, the Internal Committee shall initiate the inquiry
against the respondent, or if the complaint was made at the Local
Committee, it will forward the complaint to the police.
Inquiry
21. If the aggrieved woman does not wish to conciliate as
mentioned above, following measures would be taken by the
respective Committee, in following scenarios:-
i. Where the respondent is an employee, the Internal
Committee shall proceed to make inquiry into the complaint
in accordance with the provisions of the service rules
applicable to the respondent and where no such rules exist, in
such a manner as may be prescribed;

9. ii. In case of domestic worker, the Local Committee shall,
if prima facie case exist, forward the complaint to the
police, within a period of seven days for registering the
case under Section 509 of the Indian Penal Code, and
any other relevant provisions of the said Code where
applicable.
22. In case both the parties are employees, the parties shall, during
the course of inquiry, be given an opportunity of being heard and a
copy of the findings shall be made available to both the parties
enabling them to make representation against the findings before the
Committee.
23. When the complaint has been forwarded to the police and the
respondent has been convicted of the offence, the Court may order
payment of such sums as it may consider appropriate, to the
aggrieved woman by the respondent notwithstanding anything
contained in Section 509 of IPC.
24. While making an inquiry, the Internal/ Local Committee shall
have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 when trying a suit in respect of the following
matters, namely:-
a. Summoning and enforcing the attendance of any
person and examining him on oath;
b. Requiring the discovery and production of
documents; and
c. Any other matter which may be prescribed.
25. The inquiry shall be completed within a period of ninety days.

10. 26. During the pendency of an inquiry, the Internal/ Local
Committee may recommend to the employer to:-
a. Transfer the aggrieved woman or the respondent
to any other workplace; or
b. Grant leave to the aggrieved woman up to a
period of three months; or
c. Grant such other relief to the aggrieved woman
as may be prescribed.
Inquiry Report
27. On the completion of an inquiry under this Act, a report of its
findings shall be provided to the employer, or as the case may be, the
District Officer within a period of ten days from the date of
completion of the inquiry and such report be made available to the
concerned parties.
28. Where the Internal/ Local Committee arrives at the conclusion
that the allegation against the respondent has been proved, it shall
recommend to the employer or the District Officer, as the case may
be:-
i. To take action for sexual harassment as a misconduct in
accordance with the provisions of the service rules applicable
to the respondent or where no such service rules have been
made, in such manner as may be prescribed;
ii. To deduct, notwithstanding anything in the service rules
applicable to the respondent, from the salary or wages of the

11. respondent such sum as it may consider appropriate to be paid
to the aggrieved woman or to her legal heirs as determined.
29. In case the respondent fails to pay the sum, the Internal/ Local
Committee may forward the order for recovery of the sum as an
arrear of land revenue to the concerned employer/ District Officer,
who has to act upon the recommendation within sixty days.
In case of false or malicious complaints and false evidence
30. If the aggrieved person or any other person making the
complaint has produced any forged or misleading document, the
Committee may recommend to the employer or the District Officer,
to take action against the woman or the person who has made the
complaint, in accordance with the provisions of the service rules
applicable to her or him or where no such service rules exist, in such
a manner as may be prescribed.
31. However, mere inability to substantiate a complaint or provide
adequate proof need not attract action against the complainant. The
malicious intent on the part of the complainant shall be established
after an inquiry in accordance with the procedure prescribed, before
any action is recommended.
32. During the inquiry, if any witness has given false evidence or
produced any forged or misleading document, the Committee may
recommend to the employer of the witness or the District Officer, as
the case may be, to take action in accordance with the provisions of
the service rules applicable to the said witness or where no such
service rules exist, in such manner as may be prescribed.

12. Determination of Compensation
33. The Internal/ Local Committee, while determining the
compensation, keeps in mind, the following grounds:-
i. The mental trauma, pain, suffering, and emotional distress
caused to the aggrieved woman;
ii. The loss in the career opportunity due to the incident of
sexual harassment;
iii. Medical expenses incurred by the victim for physical or
psychiatric treatment;
iv. The income and financial status of the respondent;
v. Feasibility of such payment in lump sum or in installments.
Confidentiality clause
34. The contents of the complaint, the identity and address of the
aggrieved woman, respondent, and witness, any information relating
to conciliation and inquiry proceedings, recommendations of the
Internal Committee or the Local Committee, as the case may be, and
the action taken by the employer or the District Officer under the
provisions of this Act shall not be published, communicated or made
known to the public, press and media in any manner.
35. In case of any breach in this confidentiality clause, the
defaulting person shall be liable for penalty in accordance with the
provisions of the service rules applicable to the said person or where
no such service rules exist, in such a manner as may be prescribed.

13. Appeal
36. Any person aggrieved from:-
a. the recommendation of the Committee acquitting
the respondent;
b. the recommendation of the Committee
convicting the respondent;
c. the recommendation of the committee punishing
persons producing false or malicious complaint
or evidence,
May prefer an appeal to the court or tribunal in accordance with the
provisions of the service rules applicable to the said person or where
no such service rules exist then, without prejudice to provisions
contained in any other law for the time being in force, the person
aggrieved may prefer an appeal in such manner as may be prescribed.
37. The appeal shall be preferred within a period of ninety days of
the recommendations.
Penalty for non-compliance
38. Where an employer fails to:-
a. Constitute an Internal Committee;
b. Take actions as recommended by Committee;
c. Contravenes or attempts to contravene or abets
contravention of other provisions of this Act or
any rules made there under,
He shall be punishable with fine which may extend to fifty thousand.

14. 39. If the employer subsequently commits and is convicted of the
same offence, he shall be liable to:-
a. Twice the punishment, which might have been
imposed on a first conviction, subject to the
punishment being maximum provided for the
same offence;
b. Cancellation of his license or withdrawal, or
non-renewal, or approval, or cancellation of the
registration, as the case may be, by the
Government or local authority required for
carrying on his business.
Cognizance by Court
40. Court shall not take cognizance of any offence punishable
under this Act or any rules made thereunder, except on a complaint
made by the aggrieved woman or any person authorized by the
Internal Committee or Local Committee in this behalf. Only a court
superior to that of a Metropolitan Magistrate or a Judicial Magistrate
of first class shall try any offence punishable under this Act.
41. Every offence under this Act shall be non-cognizable.
42. In addition to these, the Act also directs every Committee to make
an Annual Report, in the prescribed manner, and submit it to the
District Officer. Also, on the discretion of the appropriate
Government, an Inspection can also be made.