Internal Complaints Committee

OBJECTIVES OF THE COMMITTEE

This policy is mainly framed to combat the issue of sexual harassment at workplace. The right to life means the life with dignity. Gender equality includes protection from sexual harassment and right to work with dignity. Sexual Harassment Of Women At Work-Place (Prevention, Prohibition And Redressal Act 2013). This policy is framed in accordance with the provisions of Sexual Harassment Of Women At Work-Place (Prevention, Prohibition And Redressal Act 2013).

DEFINITION

• ‘SEXUAL HARASSMENT’
• The act of Sexual harassment is defined as under and it includes the following acts committed by an employee at the workplace.
• Physical contact and advances or
• A demand or request for sexual favours or
• Making sexually coloured remarks or
• Showing pornography or
• Any other unwelcome physical verbal or non verbal conduct of sexual nature or
• Implied or explicit promise of differential treatment in the employment of a woman by any male member of the Institution or
• Implied or explicit threat of differential treatment in the employment of a woman by any male member of the Institution or
• Implied or explicit threat about the present and future employment status of a woman employee by male member of the Institution or
• Interference with the work of female employee or creating intimidating or offensive or hostile work environment to her or
• Humiliating treatment likely to affect the health or safety of woman employee or
• Any other acts which are not defined above but which when committed amounts to sexual harassment are also offences under this policy.
• WORK PLACE.
• All class rooms/ offices/branches/units/sections/ Hospitals/ Wards and any other place relating to the activity of Trust are considered as workplace.
• Any social activities or other functions organised by the Institution relating to them also falls within the definition of Workplace.
• Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey.
• EMPLOYER

Means the Management of Trust and includes the Head of Institutions managed by the trust also any other person nominated/authorise by the Management to look after the day to day activities of the concerned Institutions.

• COMPLAINANT:

means a woman employee i.e teaching and non teachingemployee, employed at college/ office/units/sections of Trust on regular, temporary adhoc or daily wage basis either directly or through an agent including a contractor. Such woman employee is working on a voluntary basis or otherwise whether the terms of employment are expressed or implied and includes a probationary, trainee, apprentice or called by any other name.

• INTERNAL COMPLAINTS COMMITTEE (ICC)

Means a Committee constituted by the employer to deal with the grievances relating to sexual harassment to the women employees at the workplace. The said committee is known as the internal complaints committee.

• CONSTITUION AND MEMBERS OF THE ICC.

The Employer constitutes the Internal Complaints committee. The Committee consists of the following members:

• A senior-level woman employee working in Institution is appointed as the Presiding Officer of the COMMITTEE.
• 7 other female employees are selected as members from different branches.
• 3 male members are selected from different sections ofInstitution.
• 1 member of the COMMITTEE is appointed as an external member who is either from a NGO or a legally trained person who is committed to the above cause.
• PROCEDURE OF FILING THE COMPLAINT.
• A female employee can file a complaint against any male employee when she suffers any type of act of sexual harassment as defined under clause (i) of this policy to the internal complaints committee.
• The complaint has to be filed in writing within a period of 90 days from the date of incident and in case of series of incidents, within a period of 3 months from the date of last incident.
• The Complainant is required to give all the details about the incident and the person who has committed the offence.
• If the Complainant is unable to make a complaint on account of her physical incapacity, she can take the assistance of her relative or friend, or her Co-worker.
• The Complainant when gives an oral complaint, the Committee after taking details, will register the complaintand can initiate the proceedings.

The COMMITTEE, may, but shall not be bound to, hear oral complaints under this policy and would render all reasonable assistance necessary to help the Complainant file the complaint in writing.

The Complainant shall submit 2 copies of the complaint along with supporting documents (if any) and relevant details concerning the alleged incident(s), the name and details of the offender and names and addresses of the witnesses (if any).

• PROCEDURE FOR HANDLING COMPLAINTS:
• Either On receipt of the complaint or suo moto on coming to know about the incident, the COMMITTEE shall issue a Notice and send Copy of the Complaint to the Offender within a period of 7 working days.
• If the Complaint has been received on email, the COMMITTEE shall forward the same to the Offender, with clear instructions that the same is not to be shared with any other employee of the Trust or third party.
• The Offender will be afforded with an opportunity to file his explanation to the Notice and to the allegations made in the Complaint.
• On receipt of the reply from the Offender, the Committee will proceed with the enquiry and will fix a date of hearing. The Committee will issue Notices to both the Parties ( Offender and the Complainant ).
• Both the Parties are required to appear before the Committee on the date of hearing. In the absence of any of the Parties, the Committee is at liberty to proceed with the enquiry placing such Party exparte.
• The proceedings will be held in accordance with the principles of natural justice. Committee will afford reasonable opportunity to the Offender to defend himself at the enquiry.
• The Complainant can give her additional statement and produce documents connected with her complaint.
• The Offender shall be furnished with copies of the documents submitted by the Complainant.
• The Offender will have an opportunity to controvert the statement made by the Complainant. He will be allowed to seek clarifications/ cross examine the Complainant.
• The Complainant can examine any other witness on her behalf and the Committee will record the statement of the witness. The Offender will be allowed to cross examine the witness.
• The Offender will be allowed to give his statement at the enquiry and the Complainant will be allowed to cross examine the Offender.
• The Offender when produces any documents at the enquiry, copies of the said documents will be furnished to the Complainant.
• The Offender when produces any documents at the enquiry, copies of the said documents will be furnished to the Complainant.
• When the offense committed by the Offender against the Complainant is severe in nature, the name of the Complainant will not be disclosed.
• The Committee depending upon the gravity / severity of the offense may suggest the Complainant to initiate criminal action against the Offender.
• The committee has the right to direct the Complainant to undergo medical test if required.
• The Complainant or the Offender are not allowed to take the assistance of an Advocate / any outsiderat the proceedings.
• The Committee shall conduct the enquiry as per the procedures prescribed under Sec. 11 of the Sexual Harassment at Workplace ( Prevention, Prohibition and Redressal ) Act, 2013.
• The Committee after completion of the proceedings will give its Findings to the Management and copies will also be furnished to both the Parties.
• The Committee by considering the circumstances of the case, can direct the Offender to pay compensation amount to the Complainant. While determining compensation amount it shall have regard to the mental trauma, pain, suffering and emotional distress caused to the Complainant.

PROCEDURE FOR ACTION TO BE TAKEN IN THE CASE OF MALICIOUS COMPLAINTS.

This policy has been adopted to ensure appropriate redressal of complaints of sexual harassment. However, if on enquiry it is revealed that the complaint was made with a malicious intent and with motive of maligning the concerned individual in the Institution, strict action will be taken against the Complainant.

However, a mere inability to substantiate a complaint or provide adequate proof need not attract action against the Complainant as the malicious intent on the part of the Complainant will have to be established through the inquiry process before an action against such Complainant is recommended.

• Conciliation.

Prior to initiating an inquiry and depending on the facts of the Complaint, the Committee may, take steps to settle the matter amicably between the Complainant and the Offender through conciliation, provided that no monetary settlement is made on basis of such conciliation. In case a settlement is arrived at, the same shall be recorded by the Committee. If conciliation is reached , then the Committee will not be required to conduct any further enquiry.

• PROCESS DURING PENDENCY OF INQUIRY

During the pendency of an inquiry, on a written request made by the Complainant, the COMMITTEE may recommend the following to the Trust:

• Transfer the Complainant or the Offender to any other workplace.
• Grant leave to the Complainant upto a period of 3 months (the leave granted to the Complainant shall be in addition to the leave she is otherwise entitled to as per the terms of her employment).
• Grant any other relief to the Complainant, which the COMMITTEE thinks is appropriate.
• Impose restraint on the Offenderfrom reporting on the work performance of the Complainant or writing her confidential report and assign the same to another officer.
• In case the complaint has been filed by an intern or an apprentice working under the Offender, restrain him from supervising any activity of the Complainant and assign the same to another officer/ employee.
• In case the complaint has been filed by an intern or an apprentice working under the Offender, restrain him from supervising any activity of the Complainant and assign the same to another officer/ employee.
• On receiving a recommendation from the Committee the Management shall implement the recommendations and send a report of such implementation to the Committee.
• Where the Committee arrives at the conclusion that the allegation against the Offender has been proved, it shall recommend in writing to the Management to take action against the Offender, which may include:
  • Deduction from salary or wages of the Offender such sum as it may deem appropriate to be paid to the Complainant.
  • Direct the Offender to pay such sum to the Complainant. In case the Offender fails to pay the sum, the Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned district officer.
  • The Committee can also recommend following punishments to the Offender:-
  • A written apology from the Offender.
  • A letter of warning may be given to the Offender.
  • Reprimand or censure the Offender.
  • Withholding the promotion of the Offender.
  • Withholding of pay rise or increments of the Offender.
  • Immediate transfer or suspension without pay.
  • Termination from service of the Offender.
  • Undergoing a counselling session or
  • Carrying out community service to the Offender.
  • Any other appropriate punishment can be recommended.

  The Management shall act upon the recommendation given by the Committee within 60 days of receipt of the recommendation/report.

PROCEDURE OF FILING AN APPEAL

In the event that either party is aggrieved from the recommendations made by the Committee or non-implementation of such recommendations, he or she may appeal to the appropriate authority, as specified by law, within a period of 90 days of the recommendation.