POSH Internal Committee: How to Constitute One Under the Act

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, any employer with ten or more employees must set up an Internal Committee (IC) at each office or branch. The IC has a senior woman as Presiding Officer, at least two employee members, and one external member from an NGO or association working for women or a person with relevant legal knowledge, and at least half its members must be women. Employers must also frame a policy, display it, and file an annual report. Not legal advice: this guide is general information, and requirements differ by state and by the office that asks for the affidavit.

Who needs an IC

Section 4 requires a written order constituting an Internal Committee at every office or branch with ten or more employees. For workplaces with fewer than ten employees, or where the complaint is against the employer, the District Officer sets up a Local Committee under section 6. The Act covers any workplace, including private companies, firms, schools, colleges, hospitals, NGOs and the unorganised sector, and the protection applies to women of any age, whether employed or not, including interns, trainees and visitors.

Composition (section 4)

• Presiding Officer: a woman employed at a senior level. If a senior woman is not available, she may be nominated from another office of the same employer or from another workplace.
• Members: at least two employees, preferably committed to the cause of women or with experience in social work or legal knowledge.
• External member: one member from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
• Women: at least half of the total members.
• Term: not exceeding three years from the date of nomination. Members who violate confidentiality or are found guilty of an offence or disciplinary action can be removed.

Steps to set up the committee

1. Count employees at each location. Count regular, contract and temporary workers according to how the Act and your state guidance read “employee”.
2. Shortlist members. Pick a Presiding Officer who is senior enough to act independently, internal members from different departments, and an external member. Get written consent from each.
3. Issue a written order. The order names the members and designations, sets the term, and gives an address and contact for complaints.
4. Adopt a policy. It should define sexual harassment as in section 2(n), describe how to complain, assure confidentiality and protection from retaliation, and state the consequences for the respondent.
5. Display and communicate. Put the IC details and the penal consequences at a conspicuous place and share the policy with employees. Hold awareness sessions, and orientation for members.
6. Keep records. Keep complaints, notices, minutes, inquiry reports and outcomes under controlled access.

How a complaint is handled

• Filing: a written complaint within three months of the incident (or the last incident in a series), extendable by up to three months for reasons recorded in writing. The IC must give help in writing the complaint if the woman cannot do so.
• Conciliation (section 10): if the complainant asks, the IC can attempt settlement before the inquiry, but no monetary settlement can be made the basis of conciliation. If it is settled, the IC records it and sends copies, and no further inquiry takes place.
• Inquiry: the IC follows the principles of natural justice, gives notice to the respondent, hears both sides, and completes the inquiry within 90 days.
• Report: within 10 days of completing the inquiry, the IC sends its report to the employer, and copies to both parties.
• Action: the employer must act on the recommendation within 60 days.
• Appeal: a person aggrieved can appeal within 90 days of the recommendations as provided in the Act.
• Interim relief: during the inquiry, at the complainant’s request the IC can recommend steps like transfer, leave of up to three months, or restraining the respondent from reporting on her work.

Annual report and penalties

Section 21 and Rule 14 require the IC to prepare an annual report with the number of cases filed and disposed of, and send it to the employer and the District Officer. Companies must also disclose POSH data in the Board’s report, as the Companies (Accounts) Rules now require. Under section 26, an employer who fails to constitute an IC, or breaches other provisions, is liable to a fine of up to Rs 50,000, with higher penalties and possible cancellation of licence or registration on repeat offences. The Supreme Court in Aureliano Fernandes v. State of Goa (2023) directed that employers and authorities must constitute and train ICs, and later orders have followed up on District Officers, Local Committees and compliance surveys. Many employers also use the Government’s SHe-Box portal to register committees.

Common mistakes

• A male Presiding Officer, or no external member.
• Members whose term has expired and who were not renewed in writing.
• An IC at the head office only, when branches with ten or more employees need their own.
• Missing the 90 day inquiry timeline.
• Breaching confidentiality, for example by naming parties in emails.
• No annual report for years with no complaints; the report should still be filed as a nil report, if the law and state guidance require it.
• Treating the matter as an HR dispute and leaving the respondent in the same reporting line during the inquiry.

Documents the employer needs

Lexfolio’s POSH Compliance Kit: Policy, Internal Committee and Annual Report lists eleven formats on its product page: a company or institution policy, an IC office order, an external member nomination letter and declaration, a complaint form, a complainant acknowledgement, a respondent notice, a conciliation settlement record, an inquiry report, an annual report under section 21 and Rule 14 with Board’s report text, poster text, and an employee acknowledgement, plus a Hindi summary and a compliance calendar. The page states the law as of 18 October 2026, notes that state and district notices may add deadlines, and describes the kit as model formats and general guidance, not legal advice.