Internal Complaints Committee (ICC): Structure and Powers Under Section 4, 5, 6, 7 Of POSH Act

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

Introduction

The Protection of Women from Sexual Harassment at Workplace (POSH) Act, 2013, mandates the formation of Local Committees (LCs) in every district. These committees are vital for addressing complaints from women working in establishments with fewer than ten employees or where the employer is the respondent. By ensuring that even small or unorganized workplaces fall under the Act’s purview, Local Committees play a crucial role in upholding women’s right to a safe working environment. Their presence guarantees that no woman is left without a redressal mechanism, regardless of her employment sector or location.

What Is The Provision For Internal Complaints Committee (ICC) Under Section 4 Of POSH Act?

Formation of ICC:

• Every employer must form an Internal Complaints Committee (ICC) through a written order.
• If the workplace has multiple branches or administrative units, each unit must have its own ICC.

Composition of ICC:

Presiding Officer:

• Must be a senior woman employee at the workplace.
• If unavailable, nominate from another office/unit of the same workplace.
• If still unavailable, choose from another workplace of the same employer or a related organization.

Two Employee Members:

• Select employees committed to women’s welfare.
• Prefer those with social work experience or legal knowledge.

External Member:

• Appoint one member from a women’s NGO or someone familiar with sexual harassment issues.

Gender Ratio:

• At least 50% of the ICC members must be women.

Tenure:

• All ICC members, including the Presiding Officer, can serve for up to three years from the date of nomination.

Fees and Allowances:

• The employer must pay fees or allowances to the external NGO member as per the rules.

Removal of ICC Members:

Remove any member or Presiding Officer if they:

• Violate Section 16 of the POSH Act.
• Are convicted or under legal investigation.
• Are found guilty or facing disciplinary action.
• Abuse their position, harming public interest.

Filling Vacancies:

• Fill any vacant or removed position through fresh nomination, following the same rules.

How Does The Notification of District Officer Work under Section 5 Of POSH Act?

• The appropriate government must appoint a District Officer for each district.
• It may notify the District Magistrate, Additional District Magistrate, Collector, or Deputy Collector.
• The appointed District Officer will exercise powers and perform duties under the POSH Act.

What Is The Constitution For Local Committee under Section 6 Of POSH Act?

• The District Officer must form a Local Committee in every district.
• This committee handles sexual harassment complaints where no Internal Committee exists.
• It applies to workplaces with fewer than 10 employees or where the complaint is against the employer.

The District Officer must appoint a Nodal Officer in each:

• Block, taluka, and tehsil in rural or tribal areas.
• Ward or municipality in urban areas.
• The Nodal Officer must forward complaints to the Local Committee within 7 days.
• The Local Committee’s jurisdiction covers all areas within its district.

What Is The Composition, Tenure, and Terms For The Local Committee under Section 7 Of POSH Act?

Composition of the Local Committee:

The District Officer must nominate the following members:

1. Chairperson:
   Select an eminent woman in social work committed to women’s rights.
2. One Member:
   Choose a woman working in a block, taluka, tehsil, ward, or municipality in the district.
3. Two Members:
   Nominate two people from NGOs or associations focused on women’s issues. At least one member must be a woman. Preferably, one should have legal knowledge or a background in law. At least one should belong to SC, ST, OBC, or minority communities.
4. Ex-Officio Member:
   Include the officer in charge of social welfare or women and child development in the district.

Tenure:
All members, including the Chairperson, can serve up to three years from the date of appointment.

Grounds for Removal:

Remove the Chairperson or a member if they:

• Violate Section 16 of the POSH Act.
• Are convicted or under inquiry for any offence.
• Face or have faced disciplinary action.
• Abuse their position, harming public interest.
• Fill any vacancy through fresh nomination under the same rules.

Fees and Allowances:

• Members under clauses (a) and (c) are entitled to fees or allowances for attending committee proceedings.
• Members under clauses (b) and (d) do not receive fees or allowances.

Conclusion

Establishing Local Committees (LCs) under the POSH Act is not just a legal requirement, it is a step toward inclusive and accessible justice. These committees empower women by providing a structured, approachable system to report and resolve complaints of sexual harassment. They ensure that legal protections reach every corner of the workforce, especially in rural and informal sectors. Strengthening and supporting LCs is essential for building workplaces where women can work with dignity, free from fear and discrimination.