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Procedure of Functioning

  • Any complaint received by the members should be immediately forwarded to the Presiding Officer, and this must be notified to other committee members at the earliest and not later than 3 days and a meeting should be called for discussing the matter.
  • The Committee shall discuss and decide on its jurisdiction to deal with the case or reject the complaint prima facie and recommend to the Institute that no action is required to be taken in the matter.
  • Notice shall be issued to the respondent within 7 working days of receipt of the complaint and 10 working days shall be given for submission of reply (along with the list of witnesses and documents.)
  • The Committee will provide assistance to the aggrieved woman, if she so chooses, to file a police complaint in relation to an offence under Indian Penal Code.
  • The Committee may, before initiating an inquiry, at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation.
  • No monetary settlement shall be made as the basis of conciliation. Where a settlement has been arrived at, the ICC shall record the settlement so arrived and forward the same to the employer for necessary compliance.
  • The Committee shall provide the copies of the settlement as recorded under (7) to the aggrieved woman and the respondent. Where a settlement is arrived at, no further inquiry shall be conducted by the ICC.
  • If conciliation is found to be not feasible, notice will be issued to both parties for hearing.
  • The Committee may direct the Registrar to ensure the safety and protection of the aggrieved woman if and when required.
  • As an interim measure, ICC may recommend
    1) the transfer of the aggrieved woman or the respondent to another section or department as deemed fit by the Committee.
    2) grant leave to the aggrieved woman upto a period of three months or :
    • restrain the respondent from exercising any administrative authority or supervision or academic evaluation of the aggrieved woman.
    • grant such other relief to the aggrieved woman as the case may require.
  • The Committee shall proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent considering sexual harassment as misconduct.
  • The Presiding Officer shall convene the first hearing of the enquiry. The respondent, the aggrieved woman, and the witnesses shall be intimated at least 7 working days in advance in writing of the date, time and venue of the enquiry proceedings. The subsequent proceedings may be on a day to day basis, to be decided by ICC.
  • The Committee shall provide reasonable opportunity to the aggrieved woman and the respondent for presenting and defending her/his case.
  • The Committee may at any time during the enquiry proceedings, preclude the face-to- face examination of the respondent and the aggrieved woman and/or their witnesses keeping in view the need to protect the aggrieved woman or the witnesses from facing any serious health and/or safety problems.