Workforce · Provision
The report within ten days of the inquiry, a recommendation of no action or of action and compensation, and sixty days for the employer to act on it. (Section 13, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.) In force since 9 December 2013 · Text checked against India Code on 25 October 2026.
Quick Statutory Answer
Under Section 13 of the POSH Act, 2013, the Internal Committee gives a report of its findings to the employer within ten days of completing the inquiry, and makes it available to both parties. If the allegation is not proved, it recommends no action. If it is proved, it recommends action for misconduct under the service rules and may recommend a sum to be deducted from the respondent's salary as compensation to the woman under section 15, recoverable as an arrear of land revenue if unpaid. The employer must act on the recommendation within sixty days.
13. Inquiry report.— (1) On the completion of an inquiry under this Act, the Internal Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties. (2) Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter. (3) Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be— (i) to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed; (ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15: Provided that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman: Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the Internal Committee or, as the case may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer. (4) The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him.
| Step | Rule | Provision |
|---|---|---|
| Report | To the employer within 10 days of the inquiry, and to the parties | s.13(1) |
| Allegation not proved | Recommend that no action is required | s.13(2) |
| Allegation proved | Action for misconduct under the service rules | s.13(3)(i) |
| Compensation | Deducted from salary, or paid by the respondent, under section 15 | s.13(3)(ii) and first proviso |
| Compensation unpaid | Recovered as an arrear of land revenue through the District Officer | Second proviso to s.13(3) |
| Employer's action | Within 60 days of receiving the recommendation | s.13(4) |
| Employer does not act | Fine up to ₹50,000 | s.26(1)(b) |
60 days. From receiving the recommendation. Not acting under section 13 is a fine of up to ₹50,000 under s.26(1)(b).
Within ten days of completing the inquiry, to the employer (or the District Officer), and it must be made available to the parties, under section 13(1).
Sixty days from receiving the recommendation, under section 13(4).
Yes, if the committee recommends it under section 13(3)(ii), notwithstanding the service rules. If the respondent is absent or has left, he can be directed to pay, and an unpaid sum is recovered as an arrear of land revenue.
Section 26(1)(b) makes failing to take action under section 13 punishable with a fine of up to ₹50,000, doubled on a repeat, with the possibility of losing a licence or registration.
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