A STATEMENT TO BE INCLUDED IN THE ANNUAL RETURN

A statement that the company has complied with provisions relating

To the constitution of ICC under SHWW(Prevention, Prohibition & Redressal) Act, 2013

Rule 8, Companies (Accounts) Amendment Rules, 2018

w.e.f. 31st July, 2018

SHe-Box Online Complaint Management System

For working women – Govt. & private

To lodge complaints of sexual harassment at workplace

Link to the SHe-Box portal: http://shebox.nic.in/

Launched on 07-11-2017

APPLICABILITY THROUGH OUT INDIA

APPROVED BY --

LOKA SABHA 03.09.2012

RAJYA SABHA 26.02.2013

PRESIDENT 22.04.2013

NOTIFIED ON 23.04.2013

Visakha V. State of Rajastan

‘AGGRIEVED WOMAN’ IN A WORK PLACE

A WOMAN OF ANY AGE

EMPLOYED OR NOT

SUBJECTED TO SEXUAL HARASSMENT

BY THE RESPONDENT

SEC 2(a)(i)

EMPLOYER IN RELATION TO A GOVT

DEPARTMENT

HEAD OF THE DEPARTMENT

OR

OFFICER TO BE SPECIFIED BY THE GOVT

SEC 2(g)(i)

EMPLOYER IF NOT A GOVT DEPARTMENT

THE PERSON RESPONSIBLE FOR THE

MANAGEMENT/SUPERVISION OF THE

WORKPLACE

SEC.2(g)(ii)

RESPONDENT THE PERSON AGAINST WHOM THE AGGRIEVED

WOMAN COMPLAINTS.

SEXUAL HARASSMENT INCLUDES

ANY OF THE UNWELCOME ACTS OR BEHAVIOUR DIRECTLY OR BY IMPLICATION.

physical contact and advances; or

a demand or request for sexual favours; or

making sexually coloured remarks; or

showing pornography; or

any other unwelcome physical, verbal or non-verbal conduct of sexual nature

SEXUAL HARASSMENT INCLUDES implied or explicit promise of preferential treatment in

her employment; or implied or explicit threat of detrimental treatment in

her employment; or implied or explicit threat about her present or future

employment status; or interference with her work or creating an intimidating

or offensive or hostile work environment for her; or humiliating treatment likely to affect her health or

safety. IF IT OCCURS IN RELATION TO ANY ACT OF SEXUAL

HARASSMENT SEC.3 Biplab K Das V. IDBI - SMS Santhakumar V. Council of Scientific & Industrial Research- unintentional Anil Rajagopal KP V. State of Kerala- complaint not IP Infusion Software India Pvt. Ltd.

WORKPLACE ANY DEPARTMENT organisation, undertaking,

establishment, enterprise, institution, office, branch or

unit which is established, owned, controlled or wholly or

substantially financed by funds provided directly or

indirectly by the appropriate Government or the Local

Authority or a Government Company or a Corporation or a

Co-operative Society (Sec. 2(o)

WORKPLACE INCLUDES any private sector organisation or a private venture,

undertaking, enterprise, institution, establishment,

society, trust, non-governmental organisation, unit or

service provider carrying on commercial, professional,

vocational, educational, entertainmental, industrial, health

services or financial activities including production, supply,

sale, distribution or service Sec. 2(o)

WORKPLACE INCLUDES hospitals or nursing homes;

any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;

any place visited by the employee arising out of employment including transportation provided by the employer.

dwelling place/house

(Sec. 2(o) Gaurav Jain V. Hindustan Latex Family Planning Promotion Trust

Biplab K Das V. IDBI

INTERNAL COMPLAINTS COMMITTEE

AN EMPLOYER BY AN ORDER IN WRITING

SHALL CONSTITUTE INTERNAL COMPLAINTS COMMITTEE

FOR ALL THE BRANCHES/DIVISIONS ALSO

IF NUMBER OF EMPLOYEES EXCEEDS 10

(Sec. 4)

Patel Rajendra Kumar Natvarla V. State of Gujarat

PRESIDING OFFICER OF THE INTERNAL COMMITTEE

A WOMAN EMPLOYED AT A SENIOR LEVEL FROM

AMONG THE EMPLOYEES

IF NO SENIOR LEVEL WOMAN – THEN FROM OTHER

OFFICES OF THE EMPLOYER.

IF NOT – FROM ANY OTHER

WORKPLACE/DEPARTMENT/ORGANISATION

(Sec. 4)

Sobha Goswamy V. State of UP,

Gaurav Jain V. Hindustan Latex Family Planning Promotion Trust

MEMBERS OF THE INTERNAL COMMITTEE

NOT LESS THAN TWO FROM THE EMPLOYEES

ONE FROM NGOs Or ASSOCIATION

ONE HALF MEMBERS SHOULD BE WOMEN

(Sec. 4)

Ruchika Singh Chabra V. Air France India

FEES/ALLOWANCE TO THE MEMBERS

SHOULD PAY SUCH ALLOWANCES

TO MEMBERS FROM NGOs

BY THE EMPLOYER

SEC. 4(4)

DISQUALIFICATION contravenes the provisions of section 16 ; or

convicted for an offence or

an inquiry into an offence is pending or

found guilty in any disciplinary proceedings or a disciplinary proceeding is pending or

abused his position

such Member, shall be removed

any casual vacancy to be filled by fresh nomination.

(Sec.4[5])

DISTRICT OFFICER

GOVT MAY NOTIFY A DISTRICT MAGISTRATE OR

ADM OR COLLECTOR/DEPUTY COLLECTOR

AS DISTRICT OFFICER (Sec. 5)

LOCAL COMPLAINTS COMMITTEE

FOR EACH DISTRICT

TO RECEIVE COMPLAINTS FROM

ESTABLISHMENTS

WHERE NO COMMITTEE FORMED

DUE TO LESS THAN TEN WORKERS Or

THE COMPLAINT IS AGAISNT THE EMPLOYER

SEC. 6

TENURE OF THE COMMITTEE MEMBERS

MAXIMUM OF THREE YEARS.

SEC. 4 (3)

COMPLAINT OF SEXUAL HARASSMENT

ANY AGGRIEVED WOMAN

IN WRITING

TO THE INTERNAL/LOCAL COMMITTEE

(Sec. 9).

COMPLAINT – TIME LIMIT

WITHIN A PERIOD OF THREE MONTHS

FROM THE DATE OF INCIDENT

IN CASE OF SERIES OF INCIDENTS;

WITHIN A PERIOD OF THREE MONTHS

FROM THE DATE OF LAST INCIDENT.

EXTENSION – TIME LIMIT TIME LIMIT OF THREE MONTHS CAN BE

EXTENDED BY THREE MONTHS.

IF THE COMMITTEE IS SATISFIED THAT THE

CIRCUMSTANCES WERE SUCH WHICH

PREVENTED THE WOMAN TO DO SO.

IF COMPLAINANT IS UNABLE

IF THE AGGRIEVED WOMAN IS UNABLE TO MAKE

COMPLAINT

DUE TO PHYSICAL OR MENTAL INCAPACITY OR

DEATH

THEN HER LEGAL HEIR OR SUCH OTHER PERSON AS

MAY BE PRESCRIBED

MAY MAKE A COMPLAINT

CONCILIATION AT THE REQUEST OF THE AGGRIEVED WOMAN

THE COMMITTEE CAN TAKE STEPS TO SETTLE

THE MATTER BETWEEN THE PARTIES

NO MONETARY SETTLEMENT SHALL BE MADE.

IF THE MATTER IS SETTLED THE COMMITTEE SHALL RECORD THE

SETTLEMENT AND

SHALL FORWARD THE SAME TO THE EMPLOYER

OR

DISTRICT OFFICER

IN ORDER TO TAKE ACTION.

COPIES TO BE SERVED

THE COMMITTEE SHALL PROVIDE THE COPIES OF

THE SETTLEMENT

TO THE AGGRIEVED WOMAN AND RESPONDENT

NO FURTHER INQUIRY

WHERE A SETTLEMENT IS ARRIVED

NO FURTHER INQUIRY

BY THE COMMITTEE.

BREACH OF AGREEMENT IF ANY CONDITION OF SETTLEMENT

NOT COMPLIED

THEN THE COMMITTEE SHALL CONDUCT THE

ENQUIRY

INQUIRY INTO THE COMPLAINT

IF THE RESPONDENT IS AN EMPLOYEE –

INQUIRY AS PER THE SERVICE RULES APPLICABLE

TO THE RESPONDENT.

IF NO SERVICE RULES THEN AS PRESCRIBED

INQUIRY PROCEEDINGS

IF BOTH THE PARTIES ARE EMPLOYEES

SHOULD BE GIVEN

OPPORTUNITY OF BEING HEARD

AND A COPY OF THE FINDINGS MUST BE MADE

AVAILABLE TO THEM.

(Sec. 11) & Rule 7

Sibu L S V. Air India, KHC

Seethal Prasad Sharma V. State of Rajasthan

POWERS OF A CIVIL COURT THE COMMITTEE SHALL HAVE THE SAME

POWERS

VESTED IN A CIVIL COURT

SUMMONING TO ENFORCE THE ATTENDANCE

TO EXAMINE ANY PERSON ON OATH

REQUIRE THE DISCOVERY AND

PRODUCTION OF DOCUMENTS

ANY OTHER MATTER WHICH MAY BE PRESCRIBED

TIME LIMIT FOR INQUIRY

NINETY DAYS

ACTION DURING PENDENCY OF INQUIRY

ON A WRITTEN REQUEST BY THE AGGRIEVED WOMAN

THE COMMITTEE MAY RECOMMEND TO THE EMPLOYER TO –

TRANSFER THE AGGRIEVED WOMAN OR RESPONDENT TO ANY OTHER WORK PLACE.

GRANT LEAVE UPTO 3 MONTHS.

GRANT SUCH OTHER RELIEF TO THE AGGRIEVED WOMAN AS MAY BE PRESCRIBED. (Sec. 12)

X v. Indian Institute of Corporate Affairs

EMPLOYER TO COMPLY THE EMPLOYER SHALL IMPLEMENT

THE RECOMMENDATIONS

AND SHOULD SEND REPORT TO THE

COMMITTEE.

INQUIRY REPORT

ON COMPLETION OF THE INQUIRY

THE COMMITTEE SHALL PROVIDE

ITS FINDINGS TO THE EMPLOYER / DISTRICT

OFFICER WITHIN 10 DAYS.

SUCH REPORT TO BE GIVEN TO THE PARTIES

( Sec. 13)

IF ALLEGATION – NOT PROVED

AFTER ENQUIRY IF THE COMMITTEE ARRIVES AT

THE CONCLUSION THAT THE ALLEGATION HAS

NOT BEEN PROVED

IT SHALL RECOMMEND TO EMPLOYER/DISTRICT

OFFICER

NO ACTION IS REQUIRED TO BE TAKEN

IF ALLEGATION PROVED COMMITTEE SHALL RECOMMEND THE

EMPLOYER/DISTRICT OFFICER

- TO TAKE ACTION FOR SEXUAL HARASSMENT AS PER

THE SERVICE RULES

- OR IN SUCH MANNER AS MAY BE PRESCRIBED

-TO DEDUCT SUCH SUM FROM THE SALARY OF THE

RESPONDENT

FOR PAYING TO THE AGGRIEVED WOMAN

DETERMINATION OF COMPENSATION

WHILE DETERMINING THE COMPENSATION

THE COMMITTEE SHALL HAVE REGARD TO –

- the mental trauma, pain, suffering and emotional distress caused to

the aggrieved woman;

-the loss in the career opportunity due to the incident of sexual

harassment;

-medical expenses incurred by the victim for physical or psychiatric

treatment;

- the income and financial status of the respondent;

- feasibility of such payment in lump sum or in instalments. (Sec.15)

RECOVERY OF COMPENSATION IF THE RESPONDENT FAILS

THE COMMITTEE TO FORWARD THE ORDER TO

THE DISTRICT OFFICER

FOR RECOVERING THE DUES

AS AN ARREAR OF LAND TAX

EMPLOYER / DISTRICT OFFICER TO COMPLY

THEY SHOULD ACT UPON THE RECOMENTATION

WITHIN 60 DAYS

COMPENSATION TO AGGRIEVED WOMEN

IF THE RESPONDENT IS CONVICTED

THE COURT MAY ALSO ORDER PAYMENT OF

SUCH SUM

TO THE AGGRIEVED WOMAN

AS COMPENSATION

PUNISHMENT FOR MALICIOUS COMPLAINT OR FALSE EVIDENCE

IF THE COMMITTEE FINDS

THE ALLEGATION AGAINST THE RESPONDENT IS MALICIOUS OR

PRODUCED ANY FALSE OR FORGED DOCUMENT

MAY RECOMMEND TO THE EMPLOYER /DISTRICT OFFICER

TO TAKE ACTION AS PER THE SERVICE RULES OR IN SUCH MANNER AS PRESCRIBED.

MERE INABILITY TO SUBSTATTIATE A COMPLAINT OR PROVIDE ADEQUATE PROOF NEED NOT ATTRACT ACTION. (Sec. 14)

PUNISHMENT FOR FALSE EVIDENCE

IF ANY WITNESS HAS GIVEN FALSE EVIDENCE OR

FORGED DOCUMENT, MAY RECOMMEND THE

EMPLOYER OF THE WITNESS TO TAKE ACTION AS

PER THE SERVICE RULES.

PROHIBITION OF PUBLICATION OR MAKING KNOWN CONTENTS OF COMPLAINT.

CONTENTS OF THE COMPLAINT.

IDENTITY OF THE PARTIES

PROCEEDINGS OF THE COMMITTEE

ACTION OF EMPLOYER/DISTRICT OFFICER

SHALL NOT BE PUBLISHED, COMMUNICATED

TO PUBLIC, PRESS, MEDIA

INFORMATION REGARDING THE JUSTICE SECURED TO ANY VICTIM MAY BE DISSEMINATED WITHOUT DISCLOSING IDENTITIES.

PENALTY FOR PUBLICATION IF THE PERSON ENTRUSTED WITH THE DUTY TO

HANDLE OR DEAL WITH THE COMPLAINT

CONTRAVENS THE PROVISIONS OF SEC.16, HE

SHALL BE LIABLE FOR PENALTY IN ACCORDANCE

WITH THE PROVISIONS OF SERVICE RULES.

APPEAL ANY PERSON AGGREIVED FROM THE

RECOMMENDATIONS OF THE COMMITTEE

MAY PREFER AN APPEAL TO THE COURT OR

TRIBUNAL AS PER THE SERVICE RULES

APPLICABLE.

WITHIN A PERIOD OF NINETY DAYS OF THE

RECOMMENDATIONS.

DUTIES OF EMPLOYER EVERY EMPLOYER SHALL –

- PROVIDE A SAFE WORKING ENVIRONMENT

- DISPLAY IN THE WORKPLACE, THE PENAL CONSEQUENCES OF SEXUAL HARASSMENT

- ORGANISE WORKSHOPS AND AWARENESS PROGRAMMES AT REGULAR INTERVALS.

- PROVIDE NECESSARY FACILITIES TO THE COMMITTEE FOR DEALING THE COMPLAINT AND INQUIRY.

DUTIES OF EMPLOYER

-ASSIST THE COMMITTEE TO SECURE THE

ATTENDANCE OF RESPONDENT AND WITNESS.

-FURNISH THE REQUIRED INFORMATION

- REGARDING THE COMPLAINT

-TO THE COMMITTEE

-ASSIST THE AGGRIEVED WOMAN TO FILE A

COMPLAINT.

DUTIES OF EMPLOYER

-TREAT SEXUAL HARASSMENT AS A MISCONDUCT

UNDER THE SERVICE RULES AND INITIATE

ACTION FOR SUCH MISCONDUCT.

-MONITOR THE TIMELY SUBMISSION OF

REPORTS BY THE COMMITTEE

COMMITTEE TO SUBMIT ANNUAL REPORT

THE COMMITTEE SHALL

IN EACH CALENDAR YEAR

PREPARE AN ANNUAL REPORT

SUBMIT THE SAME TO THE EMPLOYER AND THE

DISTRICT OFFICER.

THE DISTRICT OFFICER SHALL FORWARD A BRIEF

REPORT ON THE ANNUAL REPORTS TO THE

GOVERNMENT.

ANNUAL REPORT OF EMPLOYER

THE EMPLOYER SHALL INCLUDE IN ITS REPORT

THE NUMBER OF CASES FILED, IF ANY, AND THE

DISPOSAL OF THE SAME.

IF NO SUCH REPORT IS REQUIRED TO BE

PREPARED, INTIMATE THE NUMBER OF CASES TO

THE DISTRICT OFFICER.

INSPECTION OF RECORDS

THE APPROPRIATE GOVT HAVE THE POWER

TO CALL FOR INFORMATION

INSPECTION OF RECORDS

PENALTY FOR NON-COMPLIANCE

IF THE EMPLOYER FAILS TO-

- CONSTITUTE THE COMMITTEE

- CONTRAVENS OR ATTEMPT TO CONTRAVENE OR ABETS CONTRAVENTION OF ANY PROVISIONS OF THE ACT.

SHALL BE PUNISHABLE WITH FINE WHICH MAY EXTEND TO FIFTY THOUSAND RUPEES

PENALTY FOR NON-COMPLIANCE IF ANY EMPLOYER, HAVING BEEN PREVIOUSLY

CONVICTED AND SUBSEQUENTLY COMMITS THE SAME OFFENSE AND IS CONVICTED SHALL BE LIABLE TO

TWICE THE PUNISHMENT

if a higher punishment is prescribed in any other law for the offence the court shall take due cognizance of the same.

Cancellation/withdrawal/non-renewal of licence /registration granted by the Govt or local authority

to run the business/activities.

COGNIZANCE OF OFFENCE BY COURTS

NO COURT SHALL TAKE COGNIZANCE OF ANY OFFENCE PUNISHABLE UNDER THIS ACT EXCEPT ON A COMPLIANT MADE BY THE AGGRIEVED WOMAN OR ANY PERSON AUTHORISED BY THE COMMITTEE IN THIS BEHALF.

NO COURT INFERIOR TO METROPOLITAN MAGISTRATE OR A JUDICIAL MAGISTRATE OF THE FIRST CLASS SHALL TRY ANY OFFENCE UNDER THIS ACT

EVERY OFFENCE SHALL BE NON-COGNIZABLE.