District Officer and Local Committee under the POSH Act

Not every woman works in an establishment large enough to have an Internal Committee, and some must complain against the employer himself. For them, the POSH Act creates a district-level mechanism: a District Officer, a Local Complaints Committee in every district, and nodal officers at the block and ward level to receive complaints. The Local Committee also hears complaints from domestic workers and the unorganised sector. This note covers sections 5 to 8.

1. District Officer and Local Committee

Figure 1: Sections 5 and 6

• District Officer, s.5. The appropriate Government may notify a District Magistrate, Additional District Magistrate, Collector or Deputy Collector as the District Officer for every district, to exercise powers and discharge functions under the Act.
• Local Committee, s.6(1). Every District Officer shall constitute a Local Complaints Committee in the district to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted because they have fewer than ten workers, or where the complaint is against the employer himself.
• Nodal officers, s.6(2). The District Officer designates one nodal officer in every block, taluka and tehsil in rural or tribal areas and in every ward or municipality in urban areas, to receive complaints and forward them to the Local Committee within seven days.
• Jurisdiction, s.6(3). The Local Committee's jurisdiction extends to the areas of the district where it is constituted. It also hears complaints from domestic workers and from the unorganised sector.

2. Composition and Terms: Section 7

Figure 2: Members nominated by the District Officer

• Diversity. At least one of the two NGO members should preferably have a background in law or legal knowledge, and at least one must be a woman from the Scheduled Castes, Scheduled Tribes, Other Backward Classes or a minority community notified by the Central Government.
• Tenure, s.7(2). The Chairperson and members hold office for such period, not exceeding three years, as the District Officer specifies.
• Removal, s.7(3). On the same grounds as for the Internal Committee: breach of confidentiality, conviction or pending criminal inquiry, guilt in or pending disciplinary proceedings, or abuse of position.
• Fees and grants, ss.7(4), 8. The Chairperson and members, other than the local woman member and the ex officio member, receive fees or allowances. The Central Government may give grants to States for this purpose, routed through a State agency to the District Officer.

3. Internal and Local Committees Compared

Figure 3: Two committees side by side

• Complaint against the employer. Where the alleged harasser is the employer, the complaint goes to the Local Committee, since the employer's own Internal Committee could not be independent.
• Domestic workers. A domestic worker's complaint is always heard by the Local Committee, which may forward it to the police if a prima facie case exists (s.11; Topic 11)

4. Frequently Asked Questions

Where does a woman complain if the harasser is her employer?

To the Local Complaints Committee of the district, under s.6(1), which expressly covers complaints against the employer himself, since an Internal Committee constituted by the employer could not fairly decide them.

What is the role of a nodal officer under the POSH Act?

Nodal officers designated under s.6(2) in every block, taluka, tehsil, ward or municipality receive complaints and forward them to the Local Committee within seven days, making the mechanism accessible to women in rural and small workplaces.

Who is the ex officio member of the Local Committee?

The officer dealing with social welfare or women and child development in the district, nominated under s.7(1)(d). Along with the local woman member under s.7(1)(b), this member is not paid the fees or allowances payable to other members.

5. Related Topics

• Topic 6: Internal Complaints Committee, Section 4. The workplace committee.
• Topic 20: Duties and Powers of the District Officer. Section 20.