POSH Internal Committee constitution order

When you need this

• When first constituting the Internal Committee at a workplace
• On any change of members, including a change of Presiding Officer
• When the external member's term ends and a replacement is appointed
• Where you operate multiple offices, since a committee is needed for each qualifying workplace
• Before an audit or diligence exercise, where its absence is what gets flagged

What this document must contain

• An express reference to s. 4 — The order is made under a specific power. Reciting it makes the document self-evidently what it needs to be.
• The Presiding Officer, named — A woman employed at a senior level at the workplace. Where no senior-level woman is available, the Act provides for nomination from another office or unit.
• Not fewer than two employee members — From among employees committed to the cause of women, or having relevant social work or legal experience.
• One external member — From an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. This is the requirement most commonly missed.
• Confirmation of the gender composition — At least one half of the total members must be women. Stating it on the face of the order makes it checkable.
• Term of office — Members hold office for the period the Act specifies, and the order should record the term so expiry is not missed.
• Contact details for complaints — The order is displayed under s. 19, so it should tell a reader how to reach the committee.

The law that governs it

• POSH Act, 2013 — s. 4 — The Internal Committee must be constituted by written order, with the composition the section specifies, and members hold office for the period the Act provides.
• POSH Act, 2013 — s. 19 — The employer must display at a conspicuous place in the workplace the penal consequences of sexual harassment and the order constituting the Internal Committee.
• POSH Act, 2013 — s. 26 — Failure to constitute the Internal Committee attracts a penalty which may extend to ₹50,000, and cancellation of licence or registration on repeat contravention.

Common mistakes

• Constituting the committee informally with no written order at all
• Omitting the external member, which leaves the committee improperly constituted
• Missing the requirement that at least half the members be women
• Never displaying the order, which is a separate duty under s. 19
• Letting members' terms lapse without issuing a fresh order

Frequently asked questions

Does the Internal Committee order have to be in writing?

Yes. Section 4 of the POSH Act, 2013 requires the employer to constitute the Internal Committee by an order in writing. An informal arrangement, however genuine, does not satisfy the section — and the order is also the document that must be displayed under s. 19.

Do I need an external member?

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. Omitting the external member is the single most common defect in Indian IC constitutions.

Do I need a separate committee for each office?

The Act contemplates an Internal Committee at the workplace, and where an office or administrative unit is at a different place or division, a committee is to be constituted at each. Treating one head-office committee as covering every location is a common error.

How long do members serve?

Members hold office for the period the Act specifies from the date of nomination, and the order should record the term so that expiry is noticed and a fresh order issued in time.

Related documents

• POSH Policy (Anti-Sexual Harassment)
• Employee Handbook
• Employee Warning / Show-Cause Letter
• All templates