Workforce compliance (POSH Act, 2013) · Template
Section 4 requires the Internal Committee to be constituted by a written order. Not a decision recorded in minutes, not an email — an order, naming the members, that gets displayed at the workplace. It is a one-page document, and its absence is the most common POSH failure found in diligence.
Quick Statutory Answer
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.
The full text of this document as VidhiSar drafts it, with every blank shown in square brackets. Copy it or download it as a Word file and fill it in yourself — or answer a few questions and VidhiSar fills it in and prints a formatted PDF. Clauses that apply only in some cases are left out here; the drafting flow adds them when your answers call for them.
CONSTITUTION ORDER
Date: [Date of This Order]
[Your Business Name], having its registered office at [Registered Business Address] ("Company"), with a total employee strength of [Total Employee Strength], hereby constitutes an Internal Committee ("IC") under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"), with immediate effect.
COMPOSITION OF THE INTERNAL COMMITTEE
The Internal Committee shall comprise the following members, constituted in accordance with Section 4(2) of the POSH Act:
[Internal Committee Members]
TERMS AND CONDITIONS
1. Term of Office. Members of the Internal Committee shall hold office for a period not exceeding three (3) years from the date of their nomination, in accordance with Section 4(3) of the POSH Act.
2. Functions. The Internal Committee shall receive complaints of sexual harassment, conduct inquiries in accordance with the principles of natural justice, and submit its findings and recommendations to the employer within the timelines prescribed under the POSH Act.
3. External Member. As required under Section 4(2)(c) of the POSH Act, at least one member of the Internal Committee shall be from a non-governmental organisation or association committed to the cause of women, or otherwise familiar with issues relating to sexual harassment.
4. Quorum. At least three (3) members of the Internal Committee, including the Presiding Officer, must be present for any inquiry proceedings to be validly conducted.
5. Confidentiality. All members of the Internal Committee shall maintain strict confidentiality in respect of all matters brought before them, in accordance with Section 16 of the POSH Act.
EXECUTION
This Constitution Order is effective as of the date first written above.
For [Your Business Name]
Authorised Signatory
What the law behind this document actually requires.
| Essential Clause | Legal Purpose & Protection | Governing Law / Benchmark |
|---|---|---|
| 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. | POSH Act, 2013 — s. 4 |
| 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. | POSH Act, 2013 — s. 19 |
| Not fewer than two employee members | From among employees committed to the cause of women, or having relevant social work or legal experience. | POSH Act, 2013 — s. 26 |
| 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. | POSH Act, 2013 — s. 4 |
| 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. | POSH Act, 2013 — s. 19 |
| Term of office | Members hold office for the period the Act specifies, and the order should record the term so expiry is not missed. | POSH Act, 2013 — s. 26 |
| Contact details for complaints | The order is displayed under s. 19, so it should tell a reader how to reach the committee. | POSH Act, 2013 — s. 4 |
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.
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.
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.
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.
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