Compliance requirements under the Act and Rules

• Annual Report under PoSH Act by Committee (Section 21, Section 22, Rule 14)

The Internal Committee or the Local Committee, shall Submit an annual report on or before 31 Jan for the preceding Calendar Year to the District Officer.

The employer shall include in its report the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer.

• Completion of Inquiry (Section 11(4), Rule 7)

The inquiry under sub-section (1) shall be completed within a period of ninety days.

• Inquiry report (Section 13(1))

On the completion of an inquiry, ICC shall provide a report of its findings to the employer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties.

• Recommendation of the ICC (Section 13(3), Rule 9)

Where the allegation has been proved, ICC may recommend to the employer to take action against the guilty or deduct an amount from his wages and pay it to the woman. The employer shall act upon the recommendation within sixty days of its receipt by him.

• Take cognizance of the complaint (Rule 7(2))

On receipt of the complaint, the complaints committee shall send one of the copies received from the aggrieved women to the respondent within a period of 7 working days.

• Action during pendency of inquiry (Section 12, Rule 8)

During the pendency of an inquiry on a written request made by the aggrieved woman, ICC may: (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.

As per Rule 8, respondent may be restrained from reporting to work.

• Internal Complaints Committee (Section 4(1))

The PoSH Act mandates that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch. Where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices that has 10 or more employees.

• Composition of Internal Complaints Committee (Section 4(2), Rule 4)

The Internal Complaints Committee shall comprise of:

1. 1. Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees
   2. At least two members from employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge
   3. One member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment
   4. Provided that at least one-half of the total Members so nominated shall be women
   5. Such people will hold office for 3 years

• Employer to comply with necessary duties under PoSH Act (Section 19, Rule 13)

Every employer shall:

(a) provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace; (b) display at any conspicuous place in the workplace, the penal consequences of sexual harassment; and the order constituting, the Internal Committee under sub-section (1) of section 4; (c) organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed; (d) provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry; (e) assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be; (f) make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9; (g) provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force; (h) cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place; (i) treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct; (j) monitor the timely submission of reports by the Internal Committee.

• Policy for Prohibition, Prevention and Redressal of Sexual Harassment at workplace (Rule 13)

Every employer shall formulate and widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women.