Internal Complaints Committee (ICC)

PREAMBLE

Whereas, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as "the POSH Act") has been enacted to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment;

And Whereas, the National Medical Commission (NMC) has mandated that all medical colleges and healthcare institutions constitute Internal Complaints Committees (ICC) in compliance with the said Act to ensure a safe and respectful working environment for all stakeholders;

Now, therefore, Netaji Subhas Medical College & Hospital (NSMCH), Amhara, Bihta, established by Sitwanto Devi Mahila Kalyan Sansthan, hereby constitutes this Internal Complaints Committee to receive and redress complaints of sexual harassment in accordance with the POSH Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (hereinafter collectively referred to as "the Act and Rules").

1: DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Constitution, unless the context otherwise requires:

• "Act" means the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
• "Aggrieved Person" or "Complainant" means any woman (whether employed on a permanent, temporary, temporary contractual basis, or as an apprentice or intern) who makes a complaint of sexual harassment at the workplace;
• "Committee" means the Internal Complaints Committee established under this Constitution;
• "Employer" means Netaji Subhas Medical College & Hospital, Amhara, Bihta, as represented by its Principal/Director and/or Governing Body;
• "Healthcare Worker" includes doctors, nurses, allied health professionals, administrative staff, support staff, and any other employees or workers employed by the Institution;
• "Medical College" means Netaji Subhas Medical College & Hospital, Amhara, Bihta, including all its departments, wards, laboratories, offices, and affiliated units;
• "Respondent" means the person against whom a complaint of sexual harassment has been lodged;
• "Sexual Harassment" includes any one or more of the following unwelcome acts or behaviour:
  1. Physical contact and advances;
  2. A demand or request for sexual favour;
  3. Making sexually coloured remarks;
  4. Showing pornography;
  5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature;
• "Workplace" includes all spaces within the Medical College including its campus, departments, wards, laboratories, hostels, transport, outdoor venues where employees are sent on official duty, and any place relating to work, whether permanent or temporary;
• "Third Party Harassment" means sexual harassment perpetrated by persons who are not employees or workers of the Medical College but are present in the workplace.

1.2 Interpretation

• Reference to "he" or "him" includes reference to "she" or "her";
• Masculine forms include feminine and neuter forms;
• Unless the context requires otherwise, words and expressions shall have the same meaning as assigned to them under the POSH Act;
• This Constitution shall be read in harmony with the POSH Act, the Rules framed thereunder, and all other applicable laws of India.

2: OBJECTIVE AND FUNCTIONS OF THE COMMITTEE

2.1 Objectives

• Provide a safe, confidential, and supportive mechanism for receiving and redressing complaints of sexual harassment in the workplace;
• Conduct impartial, fair, and timely inquiries into complaints of sexual harassment;
• Recommend appropriate action against respondents found guilty of sexual harassment;
• Ensure implementation of the recommendations made by the Committee;
• Promote awareness about sexual harassment and prevention measures within the Medical College;
• Support and protect complainants from retaliation or victimization;
• Comply with all provisions of the POSH Act and Rules and directives of the National Medical Commission;
• Maintain confidentiality and provide emotional support to all parties involved.

2.2 Functions of the Committee

• Receive Complaints:
  1. Receive written complaints of sexual harassment from aggrieved women within the prescribed timeframe;
  2. Provide alternative channels for complaint submission;
  3. Maintain a complaints register with details of all complaints received.
• Preliminary Assessment:
  1. Conduct a preliminary inquiry to ascertain the veracity of allegations;
  2. Determine whether the complaint falls within the purview of the POSH Act;
  3. Assess whether the complainant seeks redressal through conciliation or formal inquiry.
• Conduct Formal Inquiry:
  1. Initiate formal inquiry proceedings as per prescribed procedures;
  2. Examine complainants, respondents, and witnesses;
  3. Collect and evaluate documentary evidence;
  4. Maintain procedural fairness and natural justice principles.
• Prepare Detailed Inquiry Report:
  1. Prepare comprehensive, written inquiry report within prescribed timelines;
  2. Provide findings on each allegation with supporting reasons;
  3. Recommend appropriate action based on inquiry findings.
• Maintain Records:
  1. Maintain detailed records of all complaints, proceedings, and outcomes;
  2. Preserve confidentiality of all documents;
  3. Submit periodic reports to the Employer and regulatory bodies.
• Preventive and Awareness Functions:
  1. Conduct orientation programmes and training on sexual harassment prevention;
  2. Develop and disseminate awareness materials;
  3. Recommend preventive measures to the Employer.
• Liaison and Coordination:
  1. Coordinate with the Local Complaints Committee (LCC) as necessary;
  2. Interact with National Medical Commission on compliance matters;
  3. Maintain liaison with external agencies for victim support services.

3. CONSTITUTION AND COMPOSITION OF THE COMMITTEE

3.1 Mandatory Constitution

The Internal Complaints Committee is hereby constituted as a permanent body within Netaji Subhas Medical College & Hospital to address complaints of sexual harassment at workplace in accordance with Section 4 of the POSH Act.

• Threshold: This Committee is mandated as the Medical College employs more than ten (10) employees.
• Permanence: The Committee shall remain constituted throughout the academic year and shall continue to be reconstituted annually or as necessitated by changes in membership.
• Written Designation: The Governing Body/Principal of the Medical College shall formally designate members through a written order.

3.2 Composition

The Committee shall comprise of at least 4 (Four) Members as follows:

3.2.1 Presiding Officer (Chairperson) - 1 Member

• A senior woman employee of the Medical College;
• Preferably of the rank of Associate Professor or above;
• Should be from disciplines such as Medicine, Surgery, Pediatrics, Obstetrics & Gynecology, Pathology, or Senior Administrative Officer;
• Committed to the cause of women's welfare and possessing sensitivity to gender issues;
• Term: One academic year, renewable for a maximum of two consecutive terms.

3.2.2 Internal Members (Employee Representatives) - 2 Members

• Two members from amongst healthcare workers/employees of the Medical College;
• One from senior cadre and one from junior cadre;
• Members shall be nominated by the Employer in consultation with employees;
• Term: One academic year, renewable for a maximum of two consecutive terms.

3.2.3 External Member (NGO/Expert Representative) - 1 Member

• One member from outside the Medical College institution;
• Selected from NGO representatives, gender experts, social workers, legal experts, psychologists, retired judicial officers, social activists, or academics;
• Formal appointment letter shall be issued specifying term and responsibilities;
• Term: One academic year, may be reappointed for another year.

3.3 Minimum Representation Requirements

• At least half of the Committee members shall be women;
• The Presiding Officer must be a woman employee;
• Internal and external perspective shall be represented in the Committee.

3.4 Disqualifications and Exclusions

• Persons with a history of sexual harassment or misconduct;
• Persons convicted of any criminal offense related to sexual harassment or violence against women;
• Persons with a direct supervisory relationship with the respondent or complainant;
• Persons with known conflicts of interest or prior involvement in the matter under investigation;
• Persons who are professional lawyers except for advisory role in training;
• Persons who have been dismissed or are under disciplinary proceedings;
• Persons with known bias against any gender or category.

3.5 Formal Appointment Process

• The Principal/Director shall issue a formal written order designating Committee members;
• The designation order shall be published on the College website and displayed on notice boards;
• All newly appointed members shall undergo orientation within 15 days of appointment;
• In case of vacancy, resignation, or incapacity of any member, replacement shall be appointed within 15 days.

4: PROCEDURE FOR RECEIVING COMPLAINTS

4.1 Complaint Submission Channels

• Written Complaint: Complaints may be submitted in writing to the Presiding Officer or any member of the Committee and may be sealed and marked as "CONFIDENTIAL - POSH COMPLAINT."
• Electronic Complaint: Complaints may be emailed to the designated email address of the Committee.
• Verbal Complaint: Any aggrieved woman may approach any member of the Committee in person.
• Third-Party Complaint: A complaint may be made on behalf of an aggrieved woman by a co-worker, friend, authorized person, guardian, or representative.

4.2 Timeline for Complaint Submission

1. Complaints of sexual harassment must be filed in writing within three months from the date of last incident;
2. For continuous harassment or a series of incidents, within 3 months from the date of the last incident;
3. Beyond 3 months, complaint may still be entertained with written justification from the complainant;
4. The Committee may consider complaints beyond 3 months in exceptional circumstances.

4.3 Requirements for Valid Complaint

1. Name, designation, and employee ID of the complainant;
2. Detailed description of the incident(s) of sexual harassment;
3. Names and contact details of potential witnesses;
4. Documentary evidence, if any;
5. Signature or mark of the complainant;
6. Contact details for communication.

4.4 Initial Receipt and Acknowledgment

• Complaint shall be recorded in the Complaints Register;
• Written acknowledgment shall be issued within two working days;
• A unique reference/complaint number shall be provided;
• Confidentiality shall be reaffirmed and maintained.

4.5 Preliminary Assessment

• The Committee shall verify whether the complaint relates to sexual harassment within the definition of the POSH Act;
• The Committee shall confirm that the incident occurred at the workplace or during workplace-related activities;
• The Committee shall determine whether formal inquiry should proceed, complaint should be rejected, or conciliation should be attempted;
• Preliminary assessment shall be completed within seven days of receipt of complete complaint and may be extended by an additional seven days.

4.6 Conciliation and Alternative Dispute Resolution

• Conciliation may be attempted if both parties agree in writing;
• The Committee shall explain the process, advantages, and implications;
• If conciliation succeeds, a written resolution agreement shall be signed by both parties;
• If conciliation fails, formal inquiry shall be initiated;
• Conciliation should be completed within 15 days of both parties' consent and may be extended by another 15 days.

4.7 Complaint Register

5: PROCEDURE FOR DEALING WITH COMPLAINTS AND INQUIRY

5.1 Overview of Inquiry Process

1. Fair hearing to both complainant and respondent;
2. Collection and evaluation of relevant evidence;
3. Confidentiality and dignity of all parties;
4. Adherence to principles of natural justice;
5. Timely completion as per statutory timelines.

5.2 Commencement of Inquiry

• Formal notice shall be served on the respondent within seven days of receipt of complaint;
• The respondent shall have the right to prepare defense and submit written response within ten days;
• Reasonable extension may be granted in genuine cases.

5.3 Preliminary Hearing and Charge Memo

• The Committee shall conduct a preliminary hearing within fourteen days of receipt of respondent's written response;
• The Committee may meet complainant and respondent separately;
• If sufficient prima facie case is found, a Charge Memo shall be issued to the respondent.

5.4 Conduct of Formal Inquiry

• Minimum three members must be present for any inquiry proceeding;
• Notice of inquiry hearing shall be provided to both parties minimum seven days in advance;
• Complainant, respondent, and witnesses shall be examined;
• Documentary evidence shall be marked, numbered, examined, and preserved;
• Interim protective measures may be recommended during inquiry.

5.5 Timeline for Completion of Inquiry

The inquiry shall be completed within ninety days from the date of receipt of the written complaint. The timeline may be extended for valid reasons, but total extension should not exceed thirty additional days.

5.6 Finalization and Findings

• The Committee shall hold closed deliberation after completion of hearing;
• Findings shall be based on preponderance of probabilities;
• Each charge shall be determined as proved, not proved, or partially proved;
• Findings shall be detailed, comprehensive, and in writing.

5.7 Submission of Inquiry Report

• The Committee shall prepare a detailed Inquiry Report within ten days of completion of inquiry;
• The report shall include complaint details, procedure followed, witnesses, evidence, findings, legal analysis, and recommendations;
• The report shall be submitted to the Employer and copies shall be provided to the complainant and respondent.

6: GRIEVANCE REDRESSAL AND IMPLEMENTATION OF RECOMMENDATIONS

6.1 Implementation of Committee's Recommendations

• The Employer shall review the Committee's findings and recommendations;
• Action shall be implemented within sixty days from receipt of report;
• If complaint is not proved, the complaint shall be closed;
• If complaint is proved, suitable action shall be taken depending on severity.

6.2 Support and Redressal for Complainant

• Emotional and counseling support;
• Medical support, if required;
• Protection from retaliation;
• Continuity of work and workplace dignity;
• Monetary and non-monetary redressal where applicable.

6.3 Appeals and Review Mechanism

• Any party aggrieved by the findings or action may appeal to the higher authority;
• Appeal should be filed within 90 days of communication of decision;
• The higher authority may uphold, modify, or overturn findings;
• Decision on appeal shall be final and binding.

7: CONFIDENTIALITY AND PROTECTION OF PRIVACY

7.1 Confidentiality Obligations

• Identity of complainant shall be protected throughout;
• Complaint details shall not be publicly disclosed;
• Hearings shall be held in camera;
• Inquiry report shall not be made public;
• All Committee members shall sign a confidentiality agreement.

7.2 Protection Against Retaliation

• Retaliation against complainants, witnesses, and ICC members is strictly prohibited;
• Retaliation includes denial of promotion, adverse evaluation, undesirable transfer, threats, intimidation, false accusations, or hostile behavior;
• Employer shall monitor and act immediately against retaliation.

7.3 Destruction of Records

• Records shall be retained for minimum three years from closure, final implementation, or expiry of appeal period;
• Records shall be stored securely;
• Records may be destroyed securely after retention period by authorized persons;
• Records shall not be destroyed if appeal, legal proceeding, or regulatory investigation is pending.

8: AWARENESS AND PREVENTION

8.1 Awareness and Prevention Programs

• Mandatory training for all staff and employees;
• Orientation and annual refresher training for ICC members;
• Awareness sessions for students and interns;
• Training for senior management and Heads of Departments;
• Development and dissemination of posters, brochures, videos, FAQs, newsletters, and local-language materials.

8.2 Preventive Measures and Code of Conduct

• Respectful workplace behavior;
• Prohibition of sexual harassment in any form;
• Appropriate language and communication;
• Appropriate use of technology and social media;
• Security and CCTV surveillance in common areas;
• Safe transport arrangements and emergency helpline;
• Disciplinary action for violations.

9: COMPLIANCE AND PERIODIC REVIEW

9.1 Compliance with POSH Act and NMC Directives

• ICC shall be constituted in accordance with Section 4 of POSH Act;
• All timelines prescribed under the Act shall be adhered to;
• ICC details shall be displayed on College website as per NMC directives;
• Annual audit of ICC functioning shall be conducted.

9.2 Periodic Review and Report

• The Committee shall meet every quarter to review complaints, inquiries, implementation, and systemic issues;
• The Committee shall prepare a comprehensive Annual Report;
• Annual report shall not identify complainants or respondents.

9.3 Amendment and Modification

• This Constitution may be amended due to changes in law, NMC directions, Committee experience, annual review, or best practices;
• Amendments shall be approved by the Governing Body and communicated to all staff.

SECTION 10: IMPLEMENTATION AND EFFECTIVE DATE

10.1 Effective Date

This Constitution of the Internal Complaints Committee comes into force with effect from the date it is approved by the Governing Body of the College.

10.2 Supersession

This Constitution supersedes any earlier ICC constitution or guidelines in operation at Netaji Subhas Medical College & Hospital, Amhara, Bihta.

10.3 First Appointment

The first ICC under this Constitution shall be appointed within fifteen days of the effective date of this Constitution.

10.4 Communication

1. Provided to all employees at time of recruitment;
2. Displayed prominently on institutional notice boards;
3. Published on the Medical College website;
4. Shared with students and interns;
5. Filed with NMC and regulatory authorities;
6. Available in hard copy for reference.

This Constitution is approved and authorized by:

NETAJI SUBHAS MEDICAL COLLEGE & HOSPITAL, AMHARA, BIHTA
Established by: Sitwanto Devi Mahila Kalyan Sansthan

FOR AND ON BEHALF OF THE INSTITUTION:

Dr. __________________ [Name & Signature]
Principal/Director
Netaji Subhas Medical College & Hospital
Date: _______________
Seal:

Prof. _________________ [Name & Signature]
Chairperson, Governing Body
Date: _______________

APPROVED AND NOTIFIED BY:

Sitwanto Devi Mahila Kalyan Sansthan
Secretary: _________________ [Name & Signature]
Date: _______________

APPENDICES

APPENDIX A: COMPLAINT FORM

CONFIDENTIAL - POSH COMPLAINT
Internal Complaints Committee
Netaji Subhas Medical College & Hospital, Amhara, Bihta

COMPLAINT SUBMISSION FORM

1. COMPLAINANT DETAILS

2. RESPONDENT DETAILS

3. DETAILS OF COMPLAINT

3.1 When did the incident occur?

• Date(s): _________________
• Time: _________________
• Location/Place: _________________

3.2 Describe the incident(s) in detail:

[Complainant to provide detailed narrative of what happened, including specific acts or behavior that constituted sexual harassment]

3.3 Type of Sexual Harassment (mark applicable):

• [ ] Physical contact or advances
• [ ] Demand or request for sexual favours
• [ ] Sexually coloured remarks or comments
• [ ] Display of pornography
• [ ] Other unwelcome physical conduct of sexual nature
• [ ] Other unwelcome verbal conduct of sexual nature
• [ ] Other unwelcome non-verbal conduct of sexual nature
• [ ] Threats or intimidation
• [ ] Other (specify): _________________

3.4 Impact on Complainant:

[Describe how the incident has affected the complainant - physically, emotionally, professionally, etc.]

3.5 Any Prior Complaints:

• Previous complaint against same respondent? ? Yes ? No
• If yes, details: _________________________________________________________________
• Previous complaint by complainant? ? Yes ? No
• If yes, when and to whom: __________________________________________________________

4. WITNESSES

Name and contact details of persons who witnessed or have knowledge of the incident:

5. DOCUMENTARY EVIDENCE

Please list any documents/evidence supporting the complaint:

6. DESIRED OUTCOME

What redressal or action does the complainant seek?

7. CONFIDENTIALITY STATEMENT

I understand that:

• My complaint will be treated with strict confidentiality
• My identity will be protected as far as possible
• The Committee will investigate the complaint impartially
• I have right to support throughout the process
• I am protected against retaliation
• All information will be kept secure