ESSENTIAL GUIDE TOWARDS FORMATION

OF POSH (IC) COMMITTEE

IN AN ORGANIZATION
WHO NEEDS POSH?

Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 and Rules (2013) (hereinafter collectively referred to as
“POSH laws”) aims at imposing the Employers with the responsibility to ensure a
safe working environment to women at their workplace.
Every employer/ establishment employing ten or more employees is required to
constitute an Internal Complaints Committee (hereinafter referred to as the “ICC”)
in order to provide a suitable redressal mechanism to the women aggrieved by the
incident of sexual harassment.
 COMPOSITION OF THE IC (POSH) COMMITTEE
The ICC will be composed of the following members, nominated by the Employer:
One Presiding officer
A woman working at a senior level from
amongst the employees is nominated as the
Presiding Officer. In case of non-
availability of such a woman, the Presiding
Officer shall be nominated from another
office, unit or department of the workplace.
The last resort, if no such person is
available then the Presiding Officer can be
nominated from any other workplace of the
same employer.  the internal members and keep the total
 
Two Members from amongst One external member
employees
An external member is nominated from
There must be at least two members in the amongst the NGOs or associations which are
committee, nominated from amongst the committed to the cause of women, or a
employees. The criteria for this selection is person who is familiar with the issue of
sexual harassment, who acts as an unbiased
their dedicated commitment to the cause
third party with no past affiliations with
of women or the legal knowledge or
either parties in a complaint. If constitution
experience they possess in social work.  of the Committee is, not in accordance with
Although the law prescribes a total of 4 the Act, the inquiry done by them would
members, experts recommend to increase be vitiated. The courts have time and again
reiterated that if the Internal Committee is
strength of the committee as an odd formed in contrast to the provisions of
number.  This avoids deadlocks on the Section 4 of the PoSH Act, then the
findings of the committee and helps constitution of the committee itself would be
resolve issues using majority factor.  illegal. 
MANDATES & DURATION OF THE IC (POSH)
COMMITTEE
An Internal Complaints Committee must be constituted at all administrative units of a company.
At every branch of a company, having more than 10 employees, an internal  committee is required
to be established by law. 

The presence of women employees at these branches is irrelevant. This is so because the fact of the
matter is clearly stated in law which says that third parties such as contractors, customers, interns
and any other woman visiting the premises of a company to file a complaint of sexual harassment
which takes place in said workplace.  

As per the POSH laws, at least one-half of the total members of the IC nominated shall be women.
It has been prescribed that the Presiding Officer and every Member of the Internal Committee shall
hold office for such period not exceeding 3 years, from the date of their nomination as may be
specified by the employer.
DISQUALIFICATION OF THE IC (POSH) MEMBER

Presiding Officer or Member, as the case may be, shall be removed from the ICC in
case he/ she:
 Breaches the obligation of maintaining confidentiality of the inquiry processing
pertaining to sexual harassment against the aggrieved woman;
 Has been convicted for an offence or an inquiry into an offeree under any law for
the time being in force is, pending against him/ her;
 Has been found guilty in any disciplinary proceedings or a disciplinary
proceeding is pending against him/her; OR
 Has so abused his/ her position as to render his continuance in office prejudicial
to the public interest
FUNCTIONS OF IC (POSH) COMMITTEE

 To receive the complaints and carry out a fair redressal process;

 Maintain confidentiality and protect the identity of the parties to the complaint;
 Provide relief by way of sanctioned leave or relaxation of attendance requirement or
transfer of the complainant or offender to another department or supervisor during the
pendency of the complaint;
 Ensure that victims or witnesses are not victimised or discriminated against,
while dealing with complaints of sexual harassment 
 Ensure prohibition of adverse action against anyone involved in the complaint
 Prepare the Annual Report attested by the employer and file with the District Officer.
POWERS OF IC (POSH) COMMITTEE

For the purposes of conducting an inquiry, the Internal Committee has been given the
powers of a civil court as defined under the Code of Civil Procedure, 1908. These powers
have been granted for: 

 gathering evidence, discovery and production of documents;

  summoning and enforcing the attendances of the witnesses and examining them on
oath;
 Other matters as required.
STAY TUNED TO KNOW ABOUT THE ACT

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