Kritarth Consulting
Spl Educators Posh Programs
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Thread Started by #gayathri-r1

Please share your views for the following;
1. When we conduct Sexual Harassment case enquiry, how many minimum members should be in the enquiry panel as per the POSH ACT (Mandatory Procedure) (If the IC has 12 members including PO and NGO)
2. Is it necessary to be signed by all the members of IC in the Findings of the SH case.
Please throw light on these points.
22nd June 2018 From India, Villupuram
Dear Clarification-Seeker,
Your Two Points are clarified as below:-
Point-1:---"When Inquiry into Sexual Harassment Complaint is to be conducted, how many minimum Members should be Present and Be Participating in during the Inquiry Proceedings if the IC has 12 Members including Presiding Officer and IC Member (External)?
Clarifications Offered:-- Please carefully refer to/read Rule -7, sub-Rule-7 of the Central Rules gazetted on 9.12.2013 together with Section-4 and Section-11 of the Sexual Harassment of Women at Workplace (P, P&R) Act 2013 and act accordingly.
The aforesaid Rule prescribes that Minimum Three (3) Members including IC Presiding Officer must be present and participating in such Inquiry Proceedings. Section-11 of the said Act prescribes No Minimum Number of IC Members ( No quorum as it were) to be present but stipulates that Inquiry be held as per the Provision of the Services Rules or Standing Orders applicable to the Aggrieved Woman Complainant and or the Respondent.
Section-4 stipulates that the respective Internal Committees shall consist of Four (4) Members including the Presiding Officer and the Member (External).
Now, “What” is or are the relevant Provisions regarding said Inquiry of the Services Rules or Standing Orders applicable to your Establishment?
Point-2:---“Is it necessary that the Inquiry Report with Findings should be signed by all the Members of IC?
Clarification offered:--"Yes, Most Certainly. The Inquiry Report with definite and Conclusive Findings must be signed/attested by all the IC Members who were present and participated for the entire duration of the Inquiry Proceedings, on each of the Pages of the said Inquiry Report. (Please refer to Delhi HC Verdict on Inquiry Report Writing/submission). Let your Internal Committee Members be aware that their Inquiry Report with Findings are Final & Binding on the Employers, hence due discretion be exercised in Writing the Inquiry Report with Findings.
Copies of the Inquiry Findings have to be forwarded to the Complainant and the Respondent to enable them, both to make their Representation if any."
Clarifications Offered by Kritarth Team of Spl Educators who also “Serves” as IC Member (External).
Requests for Assistance and Guidance, are Welcome.
Kritarth Team,
23rd June 2018
23rd June 2018 From India, Delhi
Thank you very much Sir, for the valuable contribution.
Warm Regards
23rd June 2018 From India, Villupuram
Dear All,
Greetings
Please share your views for the following;
1. Can the HR department or the Head of the Management direct or give directions or interfere in IC enquiry proceedings on SH cases. ( Some situations it is happening in some organisations. In this situation,what will be the role of External Member of IC )
2. Can IC have powers to summon anyone who are needed for the particular SH case independently without the consent of the Organisation. (Note; PO and other members of IC are the employees of the Organisation)
3. Who has authority to give findings of the SH cases.
Warm Regards
23rd June 2018 From India, Villupuram
Hello Kritarth Team,
Kindly share the Delhi HC Verdict on Inquiry Report Writing/submission as stated by you on the query.
Kindly revert,
Regards,
24th June 2018 From India, Mumbai
The position is clarified below:
1. Can the HR department or the Head of the Management direct or give directions or interfere in IC enquiry proceedings on SH cases. ( Some situations it is happening in some organisations. In this situation,what will be the role of External Member of IC ):
Ans: The management or any non-member of IC cannot interfere in the functioning of IC. The IC has to not only to act independently of management but also appear to be so. That is why care was taken while drafting the statute to include an external member who has concern for gender justice. If the external member finds any such thing, then a dissent note be put on record.
2. Can IC have powers to summon anyone who are needed for the particular SH case independently without the consent of the Organisation. (Note; PO and other members of IC are the employees of the Organisation):
Ans: IC does not need permission to summon any witness, whether from inside or outside. So long as the witness is relevant they may summon the witness. But since the proceeding are normally held in employer premises and the entry of outsiders is to be permitted, it is better that the cooperation of Management is sought and ensured.
3. Who has authority to give findings of the SH cases.
Ans: It is the whole Inquiry Committee which has to give the findings.
26th June 2018 From India, Mumbai
Hi
I would like to clarify as follows::
1. Can the HR department or the Head of the Management direct or give directions or interfere in IC enquiry proceedings on SH cases. ( Some situations it is happening in some organisations. In this situation, what will be the role of External Member of IC ):
Neither the HR Department nor the Head of the Management can direct and/or give directions and cannot interfere in IC enquiry proceedings on SH Cases. The External Member should be bias free. The External member plays a critical role in ensuring justice is done and must at all times be a good listener. If the External Member senses involvement of management in an IC decision the external member is well within his/ her rights to make it clear that the IC recommendations are to be followed in letter and spirit as the IC has an independent quasi-judicial jurisdiction
2. Can IC have powers to summon anyone who are needed for the particular SH case independently without the consent of the Organisation. (Note; PO and other members of IC are the employees of the Organisation):
Section 11 sub-section 3 clearly stipulate that the IC shall have the same powers as are vested in a civil court under the Code of Civil Procedures, 1908 when trying a suit in respect of the following matters namely;
(a) summoning and enforcing the attendance of any person and examining him on oath
(b) requiring the discovery and production of documents; and
(c) any other which may be prescribed.
3. Who has authority to give findings of the SH cases.
The Enquiry Committee has to give the findings.
The verdict of Division Bench of the Hon’ble High Court, Delhi is attached herewith.
Regards
P.S.Lakshmanan]
S.G.Management Services
Kolkata
26th June 2018 From India, Kolkata

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does some one have contact details of any resource person on SHWW Act.?
Needed urgently to conduct a workshop, kindly suggest
8th August 2018 From India , Jaipur
Dear Jyotsna,
We can conduct the training session on SHWW / POSH for your organization.
We have a lot of experience in conducting such sessions for various Corporates.
Please feel free to connect with us at or call 7503110330 / 9310270884.
10th August 2018 From India, New Delhi
At Jaipur, For Four (4) Days, Kritarth Team of Spl Educators successfully conducted
the Programs for the Internal Committee Members & Other Senior Managers Mandatory under Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 Section-19 titled Duties of Employer
which have to be reported under Section-21 by Every Presiding Officr of Each of the Internal Committee before the respective District Offer in ach State/Province in India, constituted, under Section-4,
and by Every Employer of the Organizations and Heads of Institutions under Section-22 and the recently Ameded Companies Rules gazetted in July 2018 before the ROC.
The same Service User has again asked Kritarth Team to conduct another Program for their IC Members and Sr Managers.
Kritarth Team
28.8.2018
28th August 2018 From India, Delhi
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