Complaint and Inquiry Procedure

5.1 Filing Complaint — Section 9

By aggrieved woman:

• Written complaint to the ICC/LCC
• Within 3 months of the incident (or last incident in a series)
• ICC/LCC may extend to 6 months if sufficient cause shown
• If aggrieved woman cannot write, ICC/LCC shall render assistance

By others on her behalf:

• Her legal heir if she is incapacitated due to physical/mental incapacity
• Any person authorised by her if she dies

Filing up to 6 copies: The complainant must provide six copies — ICC/LCC sends one copy to the respondent within 7 days.

5.2 Conciliation — Section 10 (Before Inquiry)

At the request of the aggrieved woman, the ICC/LCC may take steps to settle the matter through conciliation. However:

• Monetary settlement alone cannot be the basis for conciliation
• If settlement is reached, ICC records it and sends copies to employer/District Officer
• No further inquiry on the conciliated matter
• If conciliation fails, ICC/LCC proceeds with inquiry

This protects against coercive settlements where powerful employers pressure women financially.

5.3 Inquiry — Section 11

Inquiry procedure:

• ICC/LCC has powers of a Civil Court under CPC 1908 — summoning and examining witnesses, requiring discovery/production of documents, receiving evidence on affidavit
• Inquiry completed within 60 days of receipt of complaint
• Both parties given opportunity to be heard
• Parties can be represented by a support person (but not a lawyer)
• Confidentiality (Section 16): Contents of the complaint, identity of parties, findings, recommendations — all confidential; penalty up to ₹5,000 for breach

5.4 Interim Relief — Section 12

During pendency of inquiry, the ICC/LCC may recommend to employer/District Officer:

• Transfer of the aggrieved woman or respondent to another workplace
• Grant leave up to 3 months in addition to her annual entitlement
• Restrain the respondent from reporting on her work or supervising her activities

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