The Internal Complaints Committee (ICC) shall function at the Zonal Railway level and at the Divisional levels. All the extra-Divisional Units reporting directly to the zonal Headquarters shall be covered by the Committee constituted at the zonal Railway level and the other units shall be covered by the Committees constituted at the Divisional level. The Workshops etc. will also be covered by the Committees at the Divisional level depending on their geographical location. The Public Sector Undertakings under the Ministry of Railways shall have their separate Internal Complaints Committee.
In terms of section 4(3) of the SHWW(PPR) Act, the tenure of the Presiding Officer/Members of the Internal Complaints Committee shall not exceed three years.
The composition of the Internal Complaints Committee at the Zonal and Divisional levels and details of their jurisdiction may be published on the official websites of the Zonal Railways and the changes in the composition of the Committees may be promptly updated on the websites.
Constitution of Internal Complaints Committee
:
Section 4 of the Act lays down that
:
Every employer at a workplace shall constitute a committee known as the ‘Internal Complaints Committee’ for looking into the complaints of sexual harassment of working women in that organisation, provided that 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.
The members of the Internal Complaints Committee shall be nominated as follows:-
A Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees. Provided that where such senior level employee is not available the Presiding Officer shall be nominated from other offices or administrative units of the workplace. Provided further that in the case the other offices or administrative units 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 organisation.
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.
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.
At least one-half of the total Members so nominated shall be women. This however does not imply that most or all of the members of the Complaint committee may be nominated from amongst women. In the interest of fair play and equal opportunity, male members should also be included in such Committees so that there is no apprehension of bias of the Complaint Committee for either party.
In terms of Rule 3(1) of the Sexual Harassment of Working Women (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules], the Member nominated to the Internal Complaints Committee from amongst non-government organisations in terms of section 4(2)(c) of the SHWW(PPR) Act, shall be entitled to an allowance of two hundred rupees per day for holding the proceedings of the Internal Complaints Committee and also the reimbursement of travel cost incurred in travelling by train in three tier air-conditioned class or airconditioned bus and auto rickshaw or taxi, or the actual amount spent by him on travel, whichever is less.
In terms of section 22 of the Act, the employer shall include the number of cases filed, if any, and their disposal under the Act, in the annual report of his organization. The Railways etc. and the PSUs under the Ministry of Railways may furnish the requisite information as per the prescribed proforma by Railway Board vide RBE No. 114/2015, through e-mail at the following address – dell@rb.railnet.gov.in. It may be ensured that the information for the year ending on 31st March is furnished to Railway Board’s office by 30th April positively so that the same may be compiled and furnished to the Department of Personnel and Training.
Railways etc. may advise their units concerned to refer to the SHWW(PPR) Act, 2013 and the SHWW(PPR) Rules, 2013, which are available at the website of the Ministry of Women and Child Development (wcd.nic.in) under Legislation/Acts, and in case of any conflict/doubt vis-à-vis Board’s instructions dated 05.03.2015, the provisions of the Act/Rules shall prevail.
Rule 9(2) of the RS(D&A) Rules, 1968 lays down that the Complaints
Committee established for inquiring into complaints of sexual harassment shall hold such
inquiry as far as practicable in accordance with the procedure laid down in these Rules.
A guide on ‘Steps for Conduct of Inquiry in complaints of Sexual Harassment’, intended
to give the procedure as prescribed in the rules/instructions is enclosed as
Annexure-II. This is, however, not intended as a substitute for reference to the Rules
and instructions. Members of the Complaints Committees and others who are required to
deal with such inquiries should acquaint themselves with RS(D&A) Rules, 1968 and
instructions issued thereunder.
Ref : RBE No. 15/2015, L/No. E(D&A) 2015 GS1-1 dated 05-03-2015
The above provisions may be brought to the notice of all concerned on the Railways.
Steps for Conduct of Inquiry in Complaints of Sexual Harassment issued vide RBE No. 114/2015, L/No. E(D&A) 2015 GS1-1 dated 23-09-2015 may be referred.
Instructions issued by Railway Board from time to time are given below :
Non-receipt
of Annual return on cases of sexual harassment as mandated under Section
22
of Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act 2013 read with Para 3 of Railway Board's letter
No.
E(D&A)2015 GS1-1 dated 23.09.2015.(RBE.No.114/2015)
Ref : RB’s L/No. 2018/E(LL)/SHW/1 dated Jan/2018
Introduction
of Special Leave connected to inquiry of Sexual
Harassment.
Ref : RB’s L/No. E(P&A)I-2017/CPC/LE-3, (RBE No.51/2017)
Alignment of Service Rules with the Sexual Harassment of Women at
Workplace
(Prevention, Prohibition and Redressal) Act 2013.
Ref : RBE No. 15/2015, L/No. E(D&A) 2015 GS1-1 dated 05-03-2015
.
Instructions issued by Department of Personnel & Training (DoPT), Ministry of Personnel, Public Grievances and Pension :
Prevention of Sexual Harassment Of Women at the Workplace. Updated on 04-11-20222
Appeal
Process under Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
as prescribed by DoPT.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 issued by Ministry of Law & Justice on 22-04-2013 (Gazetted Notification)