Introduction 

• Chapter III (Section 5 to Section 8) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) states the provisions for the Constitution of Local Complaints Committee. 
• These committees are designed to address complaints of sexual harassment in establishments where Internal Committees cannot be formed due to having fewer than ten workers, or in cases where complaints are against employers themselves.  

Legal Provisions for the Constitution of Local Complaints Committe 

Section 5: Notification of District Officer 

• The appropriate Government may notify the following officials as District Officers: 
  • District Magistrate 
  • Additional District Magistrate 
  • Collector 
  • Deputy Collector 
• These District Officers exercise powers and discharge functions under this Act for their respective districts. 

Section 6: Constitution and Jurisdiction of Local Committee 

• Every District Officer shall constitute a "Local Committee" in their district. 
• The Local Committee receives complaints of sexual harassment from: 
  • Establishments with fewer than ten workers (where Internal Committees cannot be formed). 
  • Cases where complaints are against the employer. 
• The District Officer shall designate nodal officers in: 
  • Rural or tribal areas: In every block, taluka, and tehsil 
  • Urban areas: In every ward or municipality 
• Nodal officers are responsible for: 
  • Receiving complaints. 
  • Forwarding complaints to the concerned Local Committee within seven days. 
• The jurisdiction of each Local Committee extends to the areas of the district where it is constituted. 

Section 7: Composition tenure and other terms and conditions of Local Committee 

The Local Committee shall consist of the following members nominated by the District Officer: 

• Chairperson: 
  • Must be an eminent woman in the field of social work. 
  • Must be committed to the cause of women. 
• One Member: 
  • Must be a woman working in the block, taluka, tehsil, ward, or municipality in the district. 
• Two Members: 
  • At least one shall be a woman. 
  • Nominated from non-governmental organizations or associations committed to women's causes. 
  • Or a person familiar with issues relating to sexual harassment. 
  • Preferably, at least one nominee should have a background in law or legal knowledge. 
  • At least one nominee shall be a woman belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes, or minority community notified by the Central Government. 
• Ex-officio Member: 
  • The concerned officer dealing with social welfare or women and child development in the district. 

Tenure and Terms of Local Committee 

• The Chairperson and every Member shall hold office for a period not exceeding three years from the date of appointment. 
• Grounds for removal of Chairperson or Member: 
  • Contravention of confidentiality provisions (section 16). 
  • Conviction for an offence or pending inquiry into an offence. 
  • Being found guilty in disciplinary proceedings or having pending disciplinary proceedings. 
  • Abuse of position rendering continuance prejudicial to public interest. 
• Vacancies created by removal or other casual vacancies shall be filled by fresh nomination. 
• Chairperson and Members (except those nominated under clauses (b) and (d) of sub-section (1)) are entitled to fees or allowances as prescribed for holding proceedings. 

Section 8: Grants and Audit 

• Financial provisions: 
  • The Central Government may make grants to State Governments for payment of fees or allowances. 
  • Grants are subject to due appropriation made by Parliament 
• Fund management: 
  • The State Government may set up an agency to manage the grants 
  • The agency shall transfer required sums to the District Officer for payment of fees/allowances 
• Audit requirements: 
  • Accounts of the agency shall be maintained and audited as prescribed 
  • Audited accounts along with auditors' report must be furnished to the State Government by the prescribed date 

Conclusion 

The Local Committees represent a crucial mechanism for addressing sexual harassment in workplaces where Internal Committees cannot be formed or are inappropriate. Their carefully structured composition ensures representation from various social groups and expertise relevant to addressing sexual harassment. The provisions for financial support and accountability measures demonstrate the government's commitment to ensuring these committees function effectively. Through this system, the Act aims to provide accessible redressal mechanisms for sexual harassment complaints across all workplaces, regardless of size or structure.