Ch. IV · §10
Chapter IV
Complaint
Section
Chapter IV · Complaint
Section 10
Conciliation
Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.
Plain Language
Before starting a formal inquiry, the committee may attempt conciliation — but only if the aggrieved woman requests it. The committee cannot initiate conciliation on its own.
Monetary settlement cannot be the basis of conciliation. This prevents the process from becoming a mechanism for buying silence.
If conciliation succeeds, the settlement terms are forwarded to the employer or District Officer, who must take action as recommended.
Conciliation is optional and complainant-led. The aggrieved woman controls whether it happens.
Why It Matters
Conciliation provides a structured alternative to a full inquiry, but only when the complainant wants it. This prevents employers or committees from pressuring women into early settlement.
The prohibition on monetary settlement as a basis ensures that conciliation addresses the actual misconduct and its effects, not just financial compensation.
The settlement becomes enforceable through the employer or District Officer, giving it institutional backing.
If conciliation fails or is not requested, the committee must proceed to a formal inquiry under Section 11.
Practical Example
Scenario: An IC receives a complaint and immediately proposes a conciliation meeting, citing organisational harmony.
Outcome: The IC cannot initiate conciliation on its own. It must wait for the aggrieved woman to request conciliation. If she does not request it, the IC must proceed to inquiry.
Scenario: During conciliation, the respondent offers to pay the complainant a sum of money to settle the matter.
Outcome: Monetary settlement cannot be the basis of conciliation. If the conciliation is predicated on a payment, it violates Section 10(1) proviso.
Scenario: The aggrieved woman requests conciliation. Both parties agree on terms including an apology, a transfer, and training for the respondent.
Outcome: This is a valid conciliation outcome. The terms are forwarded to the employer or District Officer for implementation.
Who Must Act
ic member
- Attempt conciliation only at the request of the aggrieved woman.
- Do not use monetary settlement as the basis of conciliation.
- Record the conciliation terms and forward the settlement to the employer or District Officer.
- If conciliation fails or is not requested, proceed to inquiry under Section 11.
employee
- Understand that conciliation is your choice, not the committee's default first step.
- You cannot be compelled to accept conciliation or a monetary settlement.
employer
- Implement the settlement terms as recommended when the conciliation outcome is forwarded.
- Do not pressure the complainant to accept conciliation or a settlement.
Compliance
Attempt conciliation only at the request of the aggrieved woman
Actor: IC / LC · Rule: Section 10(1)
Do not use monetary settlement as the basis of conciliation
Actor: IC / LC · Rule: Section 10(1) proviso
Forward the settlement to the employer or District Officer for action
Actor: IC / LC · Rule: Section 10(2)
Common Mistakes
Treating conciliation as a mandatory first step before inquiry — it is optional and only at the complainant's request.
Using monetary settlement to resolve the complaint — this is explicitly prohibited as a basis for conciliation.
Not recording the conciliation terms — the settlement must be documented and forwarded for implementation.
Pressuring the complainant to accept conciliation to avoid a formal inquiry.
Source & Status
This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.
Source: Ministry of Law and Justice, Government of India
Publication status: Temporary content pending separate legal verification