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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

A member of a Local Committee has a disciplinary proceeding pending against him. What does the Act provide?

He must be removed from the Local Committee, because the Act requires removal of a member against whom a disciplinary proceeding is pending. The vacancy is then filled by a fresh nomination made in the manner the Act prescribes.

  1. AHe continues until the end of his term
  2. BHe must be removed and the vacancy filled by fresh nominationCorrect
  3. CHe continues but may not vote
  4. DHe is suspended until the proceeding ends, with no replacement

Explanation

Section 7(3) states that a Chairperson or Member who has been found guilty in disciplinary proceedings, or against whom one is pending, shall be removed. The vacancy is then filled by fresh nomination under the same section. The Act does not permit continuation with restricted voting or suspension without replacement.

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