POSH Act Section 7 — Composition, tenure and other terms and conditions of Local Committee
CHAPTER III CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE
Service / Employment
Summary
Sub-section (1) sets out who sits on the Local Committee, with all members nominated by the District Officer. The committee must include: (a) a Chairperson chosen from eminent women active in social work who are committed to the cause of women; (b) one member chosen from women working in a block, taluka, tehsil, ward, or municipality in the district; (c) two members, at least one of whom must be a woman, chosen from non-governmental organisations or associations committed to the cause of women, or from persons familiar with sexual harassment issues, as may be prescribed. The first proviso to clause (c) says that at least one of these nominees should preferably have a background in law or legal knowledge. The second proviso to clause (c) says that at least one nominee must be a woman belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes, or a minority community notified by the Central Government from time to time. Clause (d) provides that the district officer dealing with social welfare or women and child development is a member ex officio, meaning they serve by virtue of their position.
Sub-section (2) states that the Chairperson and every member of the Local Committee hold office for a period not exceeding three years, starting from the date of their appointment, as specified by the District Officer.
Sub-section (3) lists the grounds on which the Chairperson or any member of the Local Committee shall be removed from the committee. These grounds are: (a) contravening the provisions of section 16; (b) being convicted of an offence, or having an inquiry into an offence under any law currently in force pending against them; (c) being found guilty in any disciplinary proceedings, or having such proceedings pending against them; or (d) abusing their position in a way that makes their continued presence in office prejudicial to the public interest. When such a person is removed, the vacancy created, or any casual vacancy, is filled by fresh nomination in accordance with this section.
Sub-section (4) provides that the Chairperson and members of the Local Committee, other than those nominated under clauses (b) and (d) of sub-section (1), are entitled to such fees or allowances for holding the proceedings of the Local Committee as may be prescribed.
Official Text
(1) The Local Committee shall consist of the following members to be nominated by the District Officer, namely: —
(a) a Chairperson to be nominated from amongst the eminent women in the field of social work and committed to the cause of women;
(b) one Member to be nominated from amongst the women working in block, taluka or tehsil or ward or municipality in the district;
(c) two Members, of whom at least one shall be a woman, to be nominated from amongst such non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, which may be prescribed:
Provided that at least one of the nominees should, preferably, have a background in law or legal knowledge:
Provided further that at least one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government, from time to time;
(d) the concerned officer dealing with the social welfare or women and child development in the district, shall be a member ex officio.
(2) The Chairperson and every Member of the Local Committee shall hold office for such period, not exceeding three years, form the date of their appointment as may be specified by the District Officer.
(3) Where the Chairperson or any Member of the Local Committee—
(a) contravenes the provisions of section 16; or
(b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
(c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
(d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Chairperson or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.
(4) The Chairperson or Members of the Local Committee other than the Members nominated under clauses
(b) and
(d) of sub-section (1) shall be entitled to such fees or allowances for holding the proceedings of the Local Committee as may be prescribed.
