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Section 5. Appointment of District Officer
Under this Act, the relevant Government is empowered to designate a District Magistrate, Additional District Magistrate, Collector, or Deputy Collector as the District Officer for each district. The District Officer is vested with the authority to exercise powers and fulfill duties outlined within this legislation.
Section 6. Constitution and Jurisdiction of the Local Committee
The Local Committee, as mandated by this Act, is established by the District Officer in each respective district. Its primary purpose is to address complaints of sexual harassment originating from establishments where either the Internal Committee hasn't been formed due to having fewer than ten workers or if the complaint is directed against the employer himself.
The District Officer is responsible for setting up this committee within the district and designating a nodal officer in each block, taluka, and tehsil in rural or tribal areas, and ward or municipality in urban areas. These nodal officers act as the point of contact for receiving complaints and are required to forward them to the relevant Local Committee within seven days of receipt.
The jurisdiction of the Local Committee extends to the geographical areas within the district where it is established. This ensures that the committee has the authority to address complaints effectively within its designated jurisdictional boundaries.
Section 7. Composition, Tenure, and Other Terms and Conditions of the Local Committee
The Local Committee, established by the District Officer to address complaints of sexual harassment in certain establishments, is constituted with specific guidelines regarding its composition and tenure.
Composition:
1. Chairperson: The Chairperson is selected from distinguished women with a background in social work and a strong commitment to women's causes.
2. Member: One member is nominated from among the women working in the block, taluka, tehsil, ward, or municipality within the district.
3. Two Members: These members, at least one of whom must be a woman, are nominated from non-governmental organizations or associations dedicated to women's causes or individuals familiar with sexual harassment issues.
Preferably, one nominee should have a legal background. Additionally, one nominee should be a woman from the Scheduled Castes, Scheduled Tribes, Other Backward Classes, or minority communities notified by the Central Government.
4. Ex Officio Member: The officer responsible for social welfare or women and child development in the district serves as an ex officio member of the committee.
Tenure:
The Chairperson and every member of the Local Committee serve for a specified period, not exceeding three years, as determined by the District Officer.
Removal:
If any Chairperson or Member contravenes certain provisions, is convicted of an offence, is found guilty in disciplinary proceedings, or abuses their position, they shall be removed from the committee. Vacancies created as a result shall be filled through fresh nominations.
Allowances:
Chairpersons and Members, excluding those nominated under specific clauses, are entitled to fees or allowances for their service on the Local Committee, as prescribed.
How to File Complaints with the Local Complaints Committee (LCC)
Appointment of Nodal Officer: The District Officer appoints a nodal officer in every block, taluka, and tehsil in rural or tribal areas, and in every ward or municipality in urban areas.
Filing Complaints: If a woman working in the unorganized sector or in an organization with less than 10 employees experiences sexual harassment, she can file a complaint by submitting six copies of the complaint along with evidence and details of witnesses to the nodal officer.
Forwarding Complaints: The nodal officer is required to forward the complaint to the Local Complaints Committee (LCC) within seven days of receiving it.
Notification to the Respondent: Upon receiving the complaint, the LCC sends one copy of the complaint to the respondent against whom the complaint is filed.
Respondent's Response: The respondent has ten days from the receipt of the complaint to send their reply along with any evidence and details of witnesses they wish to present.
By following these steps, individuals can file complaints of sexual harassment with the LCC, ensuring a transparent and fair process for addressing workplace grievances.
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