Inquiry into a POSH Complaint: Section 11 and Rule 7

Where there is no conciliation, the committee inquires into the complaint. Section 11 decides which procedure applies: the respondent's service rules if he is an employee, otherwise the manner laid down in Rule 7. It gives the committee some powers of a civil court, requires both sides to be heard and to see the findings, and sets a ninety day limit. A complaint by a domestic worker follows a separate route to the police. This note covers section 11 and Rule 7.

1. Which Procedure Applies

Figure 1: Section 11(1)

• Subject to s.10. The inquiry is held only where no settlement is reached or sought, or where a settlement is breached.
• Respondent an employee. The committee inquires in accordance with the service rules applicable to the respondent.
• No service rules. The inquiry proceeds in the manner prescribed, which is Rule 7 of the POSH Rules.
• Domestic worker. The Local Committee, if a prima facie case exists, forwards the complaint to the police within seven days for registration of a case under s.509 IPC (now s.79 BNS) and any other applicable provision.
• Service rules in practice. For central government servants, the complaints committee acts as the inquiring authority under the CCS (CCA) Rules (Topic 24)

2. The Provisos to Section 11(1)

• First proviso. Where the woman informs the committee that a term of a s.10(2) settlement has not been complied with, the committee proceeds to make an inquiry or forwards the complaint to the police.
• Second proviso. Where both parties are employees, both shall be given an opportunity of being heard, and a copy of the findings shall be made available to both, enabling them to make representations against the findings before the committee.

3. Powers, Time Limit and Compensation

Figure 2: Section 11(3) and Rule 7(5)

• Section 11(3). For the inquiry, the committee has the same powers as a civil court under the Code of Civil Procedure, 1908 when trying a suit, in respect of summoning and examining on oath, discovery and production of documents, and other prescribed matters.
• Section 11(4). The inquiry shall be completed within ninety days.
• Section 11(2). Notwithstanding s.509 IPC, where the respondent is convicted of the offence, the court may order him to pay the aggrieved woman such sums as it considers appropriate, having regard to s.15.

4. The Rule 7 Procedure

Figure 3: From complaint to report

• Rule 7(1). The complainant submits six copies of the complaint, with supporting documents and the names and addresses of witnesses.
• Rule 7(2). The committee sends a copy to the respondent within seven working days.
• Rule 7(3). The respondent files a reply within ten working days of receiving it, with his documents and the names and addresses of his witnesses.
• Rule 7(4). The inquiry is made in accordance with the principles of natural justice (Topic 12)
• Rule 7(5). If either party fails, without sufficient cause, to appear for three consecutive hearings, the committee may terminate the proceedings or decide ex parte, but only after fifteen days' written notice.
• Rule 7(6). The parties are not allowed to bring legal practitioners to represent them at any stage.
• Rule 7(7). At least three members, including the Presiding Officer or the Chairperson, must be present.

5. Frequently Asked Questions

Can a lawyer appear before the Internal Committee?

No. Rule 7(6) states that the parties shall not be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the committee.

What happens to a domestic worker's complaint?

It goes to the Local Committee. If there is a prima facie case, the Local Committee forwards it to the police within seven days for registration of a case under s.509 IPC, now s.79 BNS, and any other applicable provision. The Local Committee does not itself conduct the inquiry.

6. Related Topics

• Topic 10: Conciliation, Section 10. The alternative to inquiry.
• Topic 12: Natural Justice in POSH Inquiries. How the hearing must be conducted.
• Topic 13: Interim Relief, Section 12. Relief while the inquiry is pending.
• Topic 14: Inquiry Report and Action, Section 13. What follows the inquiry.