"Exploring the 24 Essential Duties and Responsibilities of Internal Committees"

 

"Exploring the 24 Essential Duties and Responsibilities of Internal Committees"

 Introduction:

Almost 10 years ago, “Internal Committees”, came into being when a New Epoch-making Law was passed by our Sovereign Country, namely the “Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 along with the “Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Rules 2013, were gazetted on 9th December 2013, and with immediate effect came into force and became “Binding and Final” on all  the Employers, Occupiers and the Management Team/Managers of all Workplaces throughout the length and breadth of our Nation, irrespective of Number of Employees/ Persons/Workers – Permanent; Temporary, Probationers, Trainees, Interns and or Workers engaged/employed through Contractors, present at the respective Workplaces  Premises.

“Internal Committees”, originated on 13th August 1997, almost 16 years before Promulgation of Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013, in the Landmark Decision, Judgement, Verdict of our Hon’ble Supreme Court in the “Vishakha vs State of Rajasthan & Others, in a Writ Petion  filed for the Enforcement of the Fundamental Rights of Working Women and Women at Workplaces, under Articles 14, 19 and 21 of the Constitution of India (Bhartiya Samvidhan) in view of the prevailing climate in which the violation of these Fundamental Rights was becoming common occurrences without anyone including the Employers and or the Occupiers of the Workplaces taking any Preventive and Prohibitive Action-Steps and initiatives.  

Hon’ble Supreme Court of India ordered all Employers on 13.08.1997 to “Deal with Sexual Harassment of Women at Workplace – arising out of Employment and or in Course of Employment - Cases and “earnestly ensure” appropriate Time-bound Redressal of Sexual Harassment Complaints filed by any Aggrieved-Woman Complainant, through an Internal Complaints Committee constituted at each Workplace Premises. Many Employers disobeyed our own Supreme Court’s Order without any remorse as a result, their Employees suffered, their Profits and Profitability dwindled.

Internal Committees”, thus, are Independent Legal Body, Entity, Forum, Office or Mechanism, constituted by each Employers, in writing, for each of her/his Workplaces, with Ten (10) and more Employed Persons and s/he and the Board of Directors are required by Law, namely Companies Act 2013 as amended, to Submit a Written “Declaration” to the effect that Internal Committees have duly been constituted for all of her/his Workplaces.

“Internal Committees” are constituted by the Employers by Nominating Three (03) Members from amongst the Employees of the same Workplace and by Nominating One (01) Non-Employee Third Party as the Member (External) for a Term Period of up to Three (03) years, by issuing Nomination Letters to all 4 Members including the Presiding Officer, who must always and invariably be a Women-Employee at a Senior Level in Workplace Hierarchy. 50% of the Members must be Women.  

All Internal Committees are accountable and Bound-by Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 commonly referred to as the “PoSH Act/Law” in common parlance, and the “Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Rules 2013, to File their Annual Report for the preceding Callender Year, beginning 2013 Callender Year under Section-21 of the aforesaid Act and Rule-14 of the said Rules.

All Internal Committees are accountable. Liable and responsible to forward a Signed Copy of their Annual Report to the Employers of their Workplaces so that the Employers, under Section-22 of the said Act can incorporate the Internal Committee’s Annual Report in their Companies Annual Report filed before ROCs.

Main Aim, Intent & Purpose of Constituting Internal Committees:           

Redressal of Sexual Harassment Complaints is the Sole Aim, Intent & Purpose of Constituting Internal Committees under Section-4 of the said Act. 

The Redressal Proceedings must be in line with the Twin Principles of Natural Justice as well as the Procedures laid down by our august Judiciary for such Internal Redressal Proceeding.

“Internal Committeesare not the Disciplinary Authority, hence “Internal Committees” are not authorized or empowered to, suo moto, commence, conduct and conclude their “Redressal Proceedings unless and until the Employer/ Disciplinary Authority duly forwards to the Internal Committee, the Signed Copy of the Charge-Sheet or the Explanation-seeking Letter or the Show-Cause Notice issued to the Employee against whom the Sexual Harassment Complaints are Filed, Lodged or Reported verbally or in writing.

Internal Committee’s Redressal Proceedings begins soon after receiving from the Employer / the Disciplinary Authority, i). the Copy of the Sexual Harassment Complaints Filed/ received; and b) a Signed Copy of the Explanation-Seeking Letter or Charge-Sheet served on the Employee-Respondent informing her/him about the allegations/ Complaints which amounts to Act of Misconduct for which s/he is liable to Disciplinary Action/Punishment as per the Codified Service Rules or the Certified Standing Orders as applicable to her/him, asking her/him to submit her/his Written Explanation/Reply in her/his own defense; and  c). the Employee-Respondent’s Written Explanation/Reply in defense; and d) Copies of the Internal Committee Constitution Order; and e) Copy of the PoSH Policy; and f) Sets of the SHWW (Prevention, Prohibition & Redressal) Act 2013 and SHWW (Prevention, Prohibition & Redressal) Rules.

All Internal Committees Have Specific Authority & Powers of Civil Courts:

For effective Redressal of Sexual Harassment Complaints and to ascertain whether the said Complaint is or complaints are True or False, and to effectively Discharge their Duties and Responsibilities all Internal Committees are empowered with Authority and Powers of Civil Courts, namely.

a)    Enforce the presence of any Person before the IC during Redressal Proceedings; and

b)    Enforce the Production of any Documents before the IC during Redressal Proceedings.

Internal Committee’s Presiding Officers and the Employee-Members plus the Non-Employee Member (External) are, as per our Laws, like “Judges”, therefore they conduct as the Judges.

All Internal Committees Proceedings are Quasi-Judicial and are Not Discussions or Meeting or Interview


24 Essential Duties and Responsibilities of Internal Committees:

 

1)    Become Trustworthy and Remain So, throughout: -                                                                                                                 By Building Rapport, Being Unbiased, Unprejudiced, Non-Partisan, Being Fair+ Just+ Proper+ Lawful always; without any Arbitrariness, whatsoever; before, During and afterwards; and

2)    Become “Thorough” with all the Provisions of the SHWW (P, P &R) Act 2013 and the SHWW (P, P &R) Rules 2013, framed thereunder and gazetted by the Central Govt. on 9.12.2013.   

3)    Render all Reasonable Assistance, to the Aggrieved-Woman-Complainant and the Employee-Respondent and the Witnesses produced during Internal Committee Inquiry; and   

4)   Become Well-Versed with the Provisions of the SHWW (P, P &R) Act 2013 and the SHWW (P, P &R) Rules 2013; the Codified Service Rules or the Certified Standing Orders, applicable to the Employee-Respondent and the Aggrieved-Woman-Employee-Complainant and their respective Witnesses, if any; and

5)    Become Thoroughly Well-Versed with the Twin Principles of Natural Justice.

6)    Become Thoroughly Well-Versed in Dealing Respectfully with the Aggrieved-Woman-Complainant. the Employee-Respondent and their Witnesses produced and Examined-one-after-the-Other during Internal Committee Redressal Proceedings.

7)    Become “Thorough with Procedures prescribed for conducting Conciliation at the behest of the Aggrieved-Woman-Complainant, which is distinctly different from the “Concept of Conciliation” as in Industrial Disputes Act 1947 with Amendments and which is permissible only without any Monetary Considerations.

8)    Become “Thorough in Conducting Full-fledged Inquiry Proceedings, Step-by-Step, in the Joint Presence of the Complainant and the Employee-Respondent all the time during the entire Proceedings including Recording, verbatim of their Sworn Testimonies, their Cross-Examinations in full presence of the Complainant and the Respondent, without fail; admissions of Documentary Evidence etc.; and  

9)    Become “Thorough’ with arriving at and Drafting/Writing Inquiry Reports with conclusive and definite Findings and Recommendations as per the Principle of Preponderance of Probabilities propounded by our Hon'ble Supreme Court; and inter alia

10)    Become “Thorough’ with the Legal inescapable Provision to forward a Copy each of Internal Committee Inquiry Findings with Recommendation to the Aggrieved-Woman-Complainant and the Employee-Respondent informing them of the IC Findings and enabling them, both to submit within stipulated Days, their Written Representations against the I C Inquiry Findings and Recommendations.

 ·         Remaining Points to be covered in the Nest Post, o please Bera with this constraint:-

Awaiting you Valuable Response and Comment. Thank you for reading.

 

Harsh Kumar Sharan, 

XLRI Alumnus Blogger of this                                                                                                                                         . Email: hksharan@gmail.com/ hksharan@kritarth.in / 91 9560 453 756 www.kritarth.in https://www.holistichr.blogspot.com Page Name :- All About PoSH/

https://www.holistic-hr.blogspot.com Page Name “Holistic HR”

Published: 10th November 2023





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