Constitution Of Committees - Chapter II

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4. (1) For the purpose of this Act, every employer of a work place shall constitute, by an Office Order in writing, an Internal Complaints Committee.
 
Provided that where the offices or administrative units of the workplace are located at different places, the Committee shall as far as practicable be constituted at all administrative units or offices.
 
(2) The Committee shall consist of the  following members namely:-
 
(a) a Chairperson, from amongst  employees, who shall  be a senior level woman, committed to the cause of  women. In case a senior level woman employee is not available, the  Chairperson  shall  be  appointed  from  a sister organization or a non-governmental organization;
(b) not less than two members from amongst employees committed to the cause of women or who have had  experience in social work; and
(c) one  member from amongst such non-governmental organisations or associations or other interests committed to the cause of women, as may be specified:
 
Provided that atleast fifty per cent of the members so nominated shall be women.
 
(3) The Chairperson and every member of the Committee shall hold office for such period as may be specified by the employer.
 
(4) The Chairperson and members of the Committee shall be entitled to such allowances or remuneration as may be prescribed.
 
(5) Where the Chairperson or any member of  the Committee contravenes the provisions of section 14, such Chairperson 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  appointment in accordance with the provisions of this section.
 
5. The  appropriate  Government  may  appoint  a District Magistrate or Additional District Magistrate or the Collector or Additional Collector as a District Officer for every District to carry out the functions under this Act.
 
6. (1) Where at a workplace, constitution of the Committee is not possible or practicable, or where the Committee has not been constituted by the employer of any work place, or where the complaint is against the employer himself, the District Officer may, constitute one or more than one Local Complaints Committee as may be required .
 
(2) The Local Committee shall consist of the following members:-
 
(a) a chairperson to be appointed by the district officer from amongst women  committed to the cause of women;
(b) one member to be appointed by the district officer from amongst the registered  trade unions or workers associations  functioning in that block or district;
(c) two members, of whom at least one shall be a woman, to be appointed by the district  officer from amongst such Non-Governmental Organizations or  associations  or  other  interests committed to  the  cause  of  women,  as  may  be specified;
(d) one Protection Officer appointed by the State Government under the Protection of Women from Domestic Violence Act, 2005 in the District or any other officer such as inspectors or additional inspectors under the shops and establishments Acts of the respective states, additional inspectors under the factories Act 1948  or any other public servant at the district level  appointed  under  any  law  for  the  time being in force
 
Provided that at least fifty per cent of the members so nominated shall be women.
 
(3) The Chairperson and every member  of the Local Committee shall hold office for such period, as may be specified by the district officer .
 
(4) The Chairperson and Members of the  Local Committee shall be entitled to such  allowances or remuneration as may be prescribed.
 
(5) The   Central   Government   may, after due appropriation made by Parliament by law in this behalf, pay to the State Government by way of grants such sums of money as the Central Government may think fit for being utilized for the purposes  of  sub- section (4). The State Governments may identify a suitable agency and transfer the grants to that agency. The agency shall pay to the district officer, appointed as per Section 5 of the Act, such amount as may be required for the purposes of sub-section (4).
 
(6) The jurisdiction of the Local Committee shall be limited to the area as  may be specified by the District officer
 
(7) Where the Chairperson or any member  of the Local   Committee  contravenes  the   provisions  of section 14, such Chairperson or member, as the case may be, shall be removed from the Local Committee and the vacancy so  created or any casual vacancy shall be filled  by fresh appointment in accordance with the provisions of this section.
 
(8) The Local Committee shall have the powers of the Civil Court for the purposes of administration of oath, summoning of witnesses, service of summons and recording of evidence.

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