Internal Complaint Committee under PoSH Act, 2013

Internal Complaint Committee under PoSH Act, 2013

“Filing of complaint under The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013.”

(1) As per clause 9 (I) of Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 any aggrieved woman may make, in writing, a complaint of Sexual Harassment at workplace to the Internal Committee if so constituted, or the Local committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.

Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee of the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint within the said period.

Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filling a complaint within the said period.

(2) Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

(i) where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by-

(a) Her relative or friend; or

(b) Her co-worker; or

(d) Any person who has knowledge of the incident, with the written consent of the aggrieved woman;

(ii) Where the aggrieved woman is unable to make a complaint on account of her mental incapacity, a complaint may be filed by-

(a) Her relative or friend; or

(b) A special educator; or

(d) The guardian or authority under whose care she is receiving treatment or care; or

(e) Any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care;

(iii) Where the aggrieved woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent:

(iv) Where the aggrieved woman is dead, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir.