POSH Act Section 4 — Constitution of Internal Complaints Committee

Summary

Sub-section (1) requires every employer to create a committee called the Internal Complaints Committee through a written order. If the workplace has offices or administrative units in different places, or at divisional or sub-divisional levels, a separate Internal Committee must be set up at each of those offices or units.

Sub-section (2) sets out who will be on the Internal Committee, with all members nominated by the employer. Under clause (a), the Presiding Officer must be a woman employed at a senior level in the workplace. If no senior-level woman is available there, she may be nominated from another office or administrative unit of the same workplace. If no such woman exists in those other offices or units either, she may be nominated from any other workplace of the same employer, or from another department or organisation. Under clause (b), there must be at least two members from among the employees, preferably people committed to the cause of women, or with experience in social work, or with legal knowledge. Under clause (c), one member must come from a non-governmental organisation or association committed to the cause of women, or be a person familiar with sexual harassment issues. At least half of all nominated members must be women.

Sub-section (3) states that the Presiding Officer and every member of the Internal Committee will hold office for a period specified by the employer, which cannot exceed three years from the date of their nomination.

Sub-section (4) says that the member appointed from a non-governmental organisation or association will be paid fees or allowances by the employer for conducting the proceedings of the Internal Committee, as may be prescribed.

Sub-section (5) lists the grounds on which a Presiding Officer or member may be removed from the Committee. Under clause (a), removal happens if the person contravenes the provisions of section 16. Under clause (b), removal happens if the person has been convicted of an offence, or if an inquiry into an offence under any current law is pending against them. Under clause (c), removal happens if the person has been found guilty in any disciplinary proceedings, or if such proceedings are pending against them. Under clause (d), removal happens if the person has abused their position in a way that makes their continued presence on the Committee prejudicial to the public interest. When a Presiding Officer or member is removed, or when any casual vacancy arises, the vacancy must be filled by a fresh nomination following the same rules in this section.

Official Text

(1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The Internal Committees shall consist of the following members to be nominated by the employer, namely: —

(a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:

Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section(1):

Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;

(b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;

(c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

Provided that at least one-half of the total Members so nominated shall be women.

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.

(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.

(5) Where the Presiding Officer or any Member of the Internal Committee, —

(a) contravenes the provisions of section 16; or

(b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or

(c) he has been found quilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or

(d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.

Sections referred to

• POSH Act §16 — Prohibition of publication or making known contents of complaint and inquiry proceedings

Referred to by

• POSH Act §2 — Definitions
• POSH Act §19 — Duties of employer
• POSH Act §26 — Penalty for non-compliance with provisions of Act
• POSH Act §29 — Power of appropriate Government to make rules

Related Judgments

• DR. SOHAIL MALIK vs UNION OF INDIA & ANR — Supreme Court of India (2025)
• INITIATIVES FOR INCLUSION FOUNDATION & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2023)
• FMA 265 of 2023; With; CAN 3 of 2025; With; CAN 5 of 2026; XXX vs Union of India & Ors., Mr. Supratim Dhar,, Mr. Dhananjay Nayak, … for — Calcutta High Court (Kolkata Principal Seat) (2026)
• DR. P. S. MALIK vs HIGH COURT OF DELHI & ANR — Supreme Court of India (2019)