Workforce · Provision
Ten workers of any kind makes an Internal Committee mandatory, and the external member is where most small committees fail. (Section 4, 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 4 of the POSH Act 2013, every employer having 10 or more workers across full-time, part-time, contractual, and intern roles must constitute an Internal Complaints Committee (ICC) by written order. The ICC must be presided over by a senior woman employee, include at least two employee members, have one external member from an NGO or legal background, and maintain at least 50% women representation.
Enter your own figures in the calculator on this page: Employee threshold checker, under POSH Act 2013, Code on Social Security 2020, Code on Wages 2019 and OSH Code 2020.
4. Constitution of Internal Complaints Committee.— (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 guilty 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.
| Role / Seat | Statutory Requirement | Member Qualification | Statutory Proportion |
|---|---|---|---|
| Presiding Officer | Mandatory 1 Woman | Senior level woman employee at the workplace | 1 Member (Chairperson) |
| Employee Members | Minimum 2 Employees | Committed to the cause of women or experienced in legal / social work | At least 2 Members |
| External Member | Mandatory 1 External | From NGO / association committed to women or familiar with POSH law | At least 1 Member |
| Female Representation | Minimum 50% Women | Across all constituted members of the ICC | ≥ 50% of Total Members |
| Term of Office | Maximum 3 Years | Members hold office for statutory term not exceeding three years | Statutory cap |
Up to ₹50,000. Under s.26, with licence cancellation or non-renewal possible on a repeat contravention.
Ten. Section 4 of the POSH Act, 2013 requires every employer of a workplace with ten or more workers to constitute an Internal Committee by written order, counting workers of every kind including contractual and part-time.
Yes. Section 4 requires one member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. A committee constituted without one does not meet the section.
A fine of up to ₹50,000 under section 26, and on a repeat contravention, twice the punishment along with possible cancellation or non-renewal of the licence or registration required to carry on the business.
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