Internal Complaint Committee – Sexual Harassment of Women at Work Place
Section 134, Rule
8(5)
Notified on 31st July, 2018
As per Section 134 (Boards’ Report) read with Rule 8 (Matter to be include in Board Report) Sub rule 5 clause (x), The report of board shall contain “a statement that the company has complied with provisions relating to the constitution of Internal Complaints Committee under Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”
As per Section 134 (Boards’ Report) read with Rule 8 (Matter to be include in Board Report) Sub rule 5 clause (x), The report of board shall contain “a statement that the company has complied with provisions relating to the constitution of Internal Complaints Committee under Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”
Legislature Background:
As
per Companies Act, 2013 Section 134 every company required to prepare report of
Board of Directors for Financial year. Board report should contain disclosures
as per Section 134 read with rule 8.
After
notification of Companies Amendment Act, 2017, some amendments made under
Section 134. One of those amendment notified on 31st July, 2018 i.e.
The
report of board shall contain “a statement that the company has complied with
provisions relating to the constitution of Internal Complaints Committee under
Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013”
Preamble:
The Parliament of India passed the “Sexual Harassment
of Women at Workplace (Prevention, Prohibition, and Redressal) Act,” in the
year 2013. The Act provides protection against sexual harassment of women at
workplace and for the prevention and redressal of complaints of sexual
harassment and for the matters connected therewith or incidental thereto.
Applicability of provisions:
[1]The constitution of Internal
Complaints Committee (ICC) for receiving complaints of sexual harassment of
women is mandatory in all Ministries/Departments of Union as well as State
Governments and in the private sector too.
The
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 mandates ALL the workplace
to constitute Committee:
A
workplace is defined as “any place visited by the employee arising out of or
during the course of employment, including transportation provided by the
employer for undertaking such a journey.” As per this definition, a workplace
covers both the organized and un-organized sectors.
It
also includes all workplaces whether owned by Indian or foreign company having
a place of work in India. As per the Act, workplace includes: -
ü Government organizations, including
Government company, corporations and cooperative societies;
ü Private sector organizations, venture, society, trust, NGO or service providers etc.
providing services which are commercial, vocational, educational, sports,
professional, entertainment, industrial, health related or financial
activities, including production, supply, sale, distribution or service;
ü Hospitals/Nursing Homes; - Sports
Institutes/Facilities; - Places visited by the employee (including while on
travel) including transportation provided by employer;
ü A dwelling place or house.
The Act defines the Unorganized
Sector as:
§ Any enterprise owned by an individual
or self-employed workers engaged in the production or sale of goods or
providing services of any kind;
§ Any enterprise which employs less than 10 workers.
In other Words: from
the point of view of Section 134
Every Company either small or non-small if having 10 or more
than 10 employees, required constitution of Internal Control Committee for
prevention of Sexual Harassment of Women at work place,
Constitution of Committee:
Every
employer of a workplace shall, be an order in writing, constitute a committee
to be known as the “Internal Complaints Committee”. The Internal Control
Committee shall consist of the following members to be nominated by the
employer, namely:-
a)
a
Presiding Officer who shall be a woman employed at a senior level at workplace
from amongst the employees:
Provided that in case a senior level woman
employee is not available, the Presiding Officer shall be nominated from other
offices or administrative units of the workplace.
Provided further that in case the other offices or
administrative units of the workplace do not have a senior level woman
employee, the Presiding Officer shall be nominated from any other workplace of
the same employer or other department or organization;
b)
not
less than two Members from amongst employees preferably committed to the cause
of women or who have had experience in social work or have legal knowledge;
c)
one
member from amongst non-governmental organizations or associations committed to
the cause of women or a person familiar with the issues relating to sexual
harassment:
Provided
that at least one-half of the total Members so nominated shall be women.
Directors’
Report
W.e.f.
31st July, 2018 it is mandatory for each and every company except
(Small Company and OPC) to mention in its board Report that:
INTERNAL COMPLAINT COMMITTEE (Sexual
harassment of women at workplace):
The Company has
constituted committee under the sexual harassment of women at workplace
(prevention, prohibition and Redressal) Act, 2013 and complied with the
provisions of the same.
The
Company is committed to provide a safe and conducive work environment to its
employees during the financial year. Your Directors further state that during
the financial year, there were no cases filed pursuant to the Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(Author
– CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice
from Delhi and can be contacted at csdiveshgoyal@gmail.com). Disclaimer: The entire
contents of this document have been prepared on the basis of relevant
provisions and as per the information existing at the time of the preparation.
Although care has been taken to ensure the accuracy, completeness and
reliability of the information provided, I assume no responsibility therefore.
Users of this information are expected to refer to the relevant existing
provisions of applicable Laws. The user of the information agrees that the
information is not a professional advice and is subject to change without
notice. I assume no responsibility for the consequences of use of such
information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE INFORMATION
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