Navigating ICC Formation and Reporting Under the Sexual Harassment Act: Need Advice?

I have a few queries with respect to the Sexual Harassment of Women at Workplace Act, 2013.

Internal Complaints Committee Formation

1. We are in the process of forming the Internal Complaints Committee. Is the nomination of one member from outside (NGO/Advocate) mandatory?

Annual Report Submission

2. To whom do we have to address and submit the Annual Report and relevant updates?

Annual Returns

3. Is there any due date for annual returns?
4. Is there any prescribed format for annual returns by the authority?

I request your advice on the above queries.

Thanks and regards,
Jagadeesh R
Bangalore

Dear Jagadeesh R,

Answer to your queries are as follows:

1. Nomination of Outside Member on ICC
- Nomination of one outside member on the ICC (NGO/Advocate) is mandatory.

2. Registration of ICC
- Formation of the ICC is to be registered with the local government governing body, which in your case will be the Shops and Establishment Department of the Local Ward Office of Bangalore Municipality, with a copy to the Labor Commission. An annual report is to be submitted to the registration body.

3. Annual Report Submission
- No date is specified; for uniformity, it is prudent to use the financial year. You can incorporate information if you so desire in the company's annual report.

4. Format for Annual Returns
- There is no specified format.

Besides the above, please note that training/workshops for employees as well as for the ICC on the prevention of sexual harassment are mandatory as per the act and also in spirit. Otherwise, the ICC remains only on paper with no benefit to either employees or employers.

Regards

Thank you so much for your valuable advice. I am still unclear about the second point—should the ICC registration and correspondences be submitted to the Labour office only, specifically to the respective Labour Inspector, Labour office, ALC, or LC? Is there any involvement with the Bangalore Municipality? Please advise.

Regards,
Jagadeesh R

In Bangalore, the government is yet to notify who is the local authority. As of now, you need to form the ICC as per the Act and hold a meeting as per ICC.

Regards.

Thank you for your reply. Should I wait until further notification by the government in this regard? In fact, we have an internal committee functioning for the last 5 years (1 chairperson and 4 members). Every year, I have been submitting correspondence to the respective ALC in Bangalore. The only thing is we have to add 1 external member, conduct workshops, and submit annual returns.

Thanks and regards,

Jagadeesh R Bangalore

Hello, there is no registration for ICC with any registration body, so don't get confused. However, you have to submit all the information through your annual report to the district collector's office every year in January. The report period will be from January to December of the previous year.

Information to Include in the Annual Report

There is no specific format for the annual report; however, you can include the following information:

1. Name of your organization
2. Address
3. Registration number
4. Names of all the IC members
5. Number of awareness sessions conducted in a year
6. Number of employees trained in a year
7. Number of cases handled in a year
8. Whether you have a POSH policy or not

This is all you need to submit.

Annual Report Requirements Under the Sexual Harassment of Women at Workplace Act, 2013

In accordance with Section 21 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, the Internal Committee shall, each calendar year, prepare an annual report in the prescribed form and submit it to the employer and the District Officer.

Details to Include in the Annual Report

According to Rule 14 of this Act, the Committee is required to prepare an annual report that includes the following details:

a. Number of complaints received during the year.
b. Number of complaints disposed of during the year.
c. Number of cases pending for more than 90 days.
d. Number of workshops or awareness programs conducted against sexual harassment.
e. Nature of action taken by the employer or the District Officer.

No separate proforma is prescribed by the Rules of 2013, and no specific time period is mentioned for the submission of the annual return. We are unsure why this is the case.

Regards,
R N KHOLA