Ch. IV · §10
Chapter IV
Complaint
Section
Chapter IV · Complaint
Section 10
Conciliation
Transcribed from the official India Code source for reading and comparison. PIH plain-language guidance is editorial and separate; this page is not legal advice.
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.
The committee must provide copies of the recorded settlement to the aggrieved woman and the respondent. Once a settlement is arrived at, no further inquiry is conducted by the Committee.
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 is recorded and forwarded to the employer or District Officer to take action as specified in the recommendation.
The recorded settlement must be copied to the aggrieved woman and the respondent, and the Committee must not conduct a further inquiry after settlement.
If conciliation is not requested or does not produce a settlement, the complaint remains subject to the Section 11 inquiry route, as applicable.
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.
- Provide copies of the recorded settlement to the aggrieved woman and the respondent, and do not conduct a further inquiry after settlement.
- 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)
Provide copies of the recorded settlement to the aggrieved woman and the respondent
Actor: IC / LC · Rule: Section 10(3)
Do not conduct a further inquiry after a settlement is arrived at under Section 10(1)
Actor: IC / LC · Rule: Section 10(4)
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.
Failing to provide the recorded settlement to both parties or continuing a Committee inquiry after settlement.
Pressuring the complainant to accept conciliation to avoid a formal inquiry.
Source & Status
- Official source
- India Code, Ministry of Law and Justice, Government of India
- Source version
- India Code PDF — last updated 31 August 2021
- Source location
- India Code PDF, p. 8
- Retrieved
Statutory blocks are kept separate from PIH plain-language and operational guidance. The reading copy is not legal advice.
Legal review status: counsel-reviewed. All sections have valid documentary counsel evidence and publication signals are enabled.
Judicial material: no verified judicial interpretation is published in this reading copy. Judicial analysis is a separate layer from the statutory transcription and PIH editorial guidance.