Upon filing of a complaint ICC or LCC has to follow a certain procedure for enquiry, which may be broadly classified into three heads:

1. Conciliation
2. Enquiry
3. Recommendations during pendency of Enquiry

CONCILIATION:

Section 10 of the Act provides that before proceeding with enquiry if there is a request from the aggrieved woman to take steps to settle the matter between her and the respondent through conciliation, then ICC must proceed with such conciliation before starting enquiry into the complaint.

Further section 10 provides that monetary settlement shall not be made basis of conciliation under Act.

Also when the settlement is reached the same shall be recorded in writing and the copy of the same shall be provided to each party along with the employer or district officer as the case may be.

It shall be the duty of Employer/district officer to take actions on the recommendations made in the conciliation proceedings.

Once an amicable settlement is made then no further enquiry shall be conducted by the ICC or LCC as the case may be in the said complaint.

ENQUIRY:

Following procedure for conducting an enquiry has been laid down in Section 11 of the Act read with Rule 7:

1. Complaint must be filed in 6 copies along with the supporting documents & names & addresses of the witnesses to the ICC or LCC.
2. Thereafter within 7 days of receiving the same ICC or LCC must forward a copy of the complaint to the respondent
3. The respondent shall file his reply to the complaint along with his list of documents, and names and addresses of witnesses, within a period not exceeding ten working days from the date of receipt of the copy of complaint.
4. The Complaints Committee shall make inquiry into the complaint in accordance with the applicable service rules and if no such rules are provided then, as may be prescribed but the proceedings of enquiry shall in all cases be in accordance with the principles of natural justice.
5. Both the parties shall, during the course of inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.
6. The Complaints Committee shall have the right to terminate the inquiry proceedings or to give an ex- parte decision on the complaint, if the complainant or respondent fails, without sufficient cause, to present herself or himself for three consecutive hearings convened by the Chairperson or Presiding Officer, as the case may be: Provided that such termination or ex-parte order may not be passed without giving a notice in writing, fifteen days in advance, to the party concerned.
7. Quorum of ICC shall be at least 3 members including the Presiding officer. Without such Quorum no enquiry can be proceeded with
8. The parties shall not be allowed to bring in any legal practitioner to represent them in their ease at any stage of the proceedings before the Complaints Committee.
9. The Internal Committee or the Local Committee shall proceed to make an inquiry into the complaint in cases where settlement has been made under Section 10, if the aggrieved woman informs the Internal Committee or the Local Committee that any terms or conditions of the settlement arrived at have not been complied with by the respondent.
10. An enquiry into the complaint by ICC /LCC under the Act shall be completed within a period of ninety days.
11. For the purpose of making an inquiry under the Act, the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:—
    1. summoning and enforcing the attendance of any person and examining him on oath;
    2. requiring the discovery and production of documents; and
    3. any other matter which may be prescribed.

RECOMMENDATIONS DURING PENDENCY OF ENQUIRY:

Section 12 of the Act read with Rule 8 provides for certain recommendations that can be made by ICC/LCC to the employer during the enquiry upon a written request from the aggrieved woman in this regard.

It is mandatory for the employer to implement these recommendations and forward a report in this regard to the ICC /LCC

These recommendations can be as follows:

1. to transfer the aggrieved woman or the respondent to any other workplace
2. to grant leave to the aggrieved woman up to a period of three months. This leave shall be paid leave and in addition to any other leave entitled to the aggrieved woman
3. to restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report, and assign the same to another officer
4. to restrain the respondent in case of an educational institution from supervising any academic activity of the aggrieved woman
5. or any other relief that may be prescribed.

These above stated relief are made available to the aggrieved women only so as to ensure that there are no adverse effects on her employment as well as health during the pendency and as a result of the enquiry initiated at her behest against the respondent.