At a glance
| Document type | HR policy template |
|---|---|
| Issued by | Employer |
| Templates included | 3 ready to use versions |
| Download format | Word (.docx) |
| Statutory reference | Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 |
| Last reviewed | 26 August 2026 |
| Maintained by | Engage HR editorial team |
Internal Committee, Local Committee and Grievance Redressal Committee
Three separate bodies, constituted under different provisions, for different complaints. Routing a matter to the wrong one wastes the timeline it was subject to.
| Internal Committee | Local Committee | Grievance Redressal Committee | |
|---|---|---|---|
| Constituted by | The employer, by order in writing under section 4(1) of the POSH Act. | The District Officer, under section 6(1) of the POSH Act. | The employer, under section 4 of the Industrial Relations Code, 2020. |
| What it handles | Complaints of sexual harassment at that workplace. | Complaints where no Internal Committee exists because there are fewer than ten workers, or where the complaint is against the employer. | Individual grievances about conditions of service generally. |
| Who sits on it | A senior woman employee as Presiding Officer, at least two employee members, and one external member. At least half must be women. | A Chairperson from among eminent women in social work, a local member, two members from non-governmental organisations, and an ex officio district officer. | Equal numbers representing the employer and the workers, with a chairperson. |
| When it is required | Every employer, at every administrative unit. | In every district, constituted by the District Officer. | Every industrial establishment employing twenty or more workers. |
| Maximum tenure | Three years from nomination. | Three years from appointment. | Not stated in the same terms. |
What the constitution order must record
The order is the document produced when the validity of the committee is questioned, so it needs to show on its face that section 4 was complied with.
- That it is made under section 4(1). Naming the provision the order is made under.
- The workplace it covers. The specific office or administrative unit, because a committee is required at each.
- The Presiding Officer. Named, with designation, showing she is a woman employed at a senior level at that workplace.
- Not fewer than two employee members. Named, with designation, and with a note of the basis on which each was chosen: commitment to the cause of women, experience in social work, or legal knowledge.
- The external member. Named, with the organisation they are drawn from or the basis of their familiarity with issues relating to sexual harassment.
- The gender composition. A statement that at least one half of the members nominated are women.
- The term. The start date and the end date, not exceeding three years from nomination.
- Contact details. How each member is reached, since these are the details that go on the display notice.
- Signature. Of the employer or the person authorised to act as employer.
Where a member is replaced mid-term, a fresh order should be issued for the replacement rather than the original being amended informally, so the record shows who was on the committee on any given date.
3 policy templates
Internal Complaints Committee for order constituting the committee
The document section 4(1) actually requires. This is the one most organisations do not have, having named members in a policy instead.
[Company Letterhead] ORDER CONSTITUTING THE INTERNAL COMMITTEE Under section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Ref: [Reference Number] Date: [Date of Order] In exercise of the powers conferred by section 4(1) of the Act, [Company Name] hereby constitutes an Internal Committee for its workplace at [Workplace Address], to receive and inquire into complaints of sexual harassment at that workplace. 1. COMPOSITION Presiding Officer [Presiding Officer Name], [Designation], [Department] Email: [Email] | Telephone: [Telephone] Nominated under section 4(2)(a) as a woman employed at a senior level at this workplace. Member [Member Name], [Designation], [Department] Email: [Email] | Telephone: [Telephone] Nominated under section 4(2)(b), being an employee [committed to the cause of women / with experience in social work / with legal knowledge]. Member [Member Name], [Designation], [Department] Email: [Email] | Telephone: [Telephone] Nominated under section 4(2)(b), being an employee [committed to the cause of women / with experience in social work / with legal knowledge]. External Member [External Member Name], [Organisation or Description] Email: [Email] | Telephone: [Telephone] Nominated under section 4(2)(c), being a person from [a non-governmental organisation or association committed to the cause of women / familiar with issues relating to sexual harassment]. 2. GENDER COMPOSITION Of the [Total Members] Members nominated above, [Number of Women Members] are women. The requirement under the proviso to section 4(2), that at least one half of the Members nominated be women, is satisfied. 3. TERM The Presiding Officer and each Member shall hold office from [Term Start Date] to [Term End Date], being a period not exceeding three years from the date of nomination. 4. FEES TO THE EXTERNAL MEMBER The External Member shall be paid [Fee Basis] for holding the proceedings of the Committee, payable by [Company Name]. 5. FUNCTIONS The Committee shall receive complaints under section 9, take steps towards conciliation under section 10 where the aggrieved woman so requests, conduct inquiries under section 11, make recommendations under sections 12, 13 and 14, and submit the annual report under section 21. 6. FACILITIES [Company Name] shall provide the Committee with the facilities and information it requires to deal with complaints and conduct inquiries. 7. DISPLAY This order shall be displayed at a conspicuous place at the above workplace together with the penal consequences of sexual harassment. By order, [Signatory Name] [Signatory Designation] For [Company Name] Date: [Date of Order]
Internal Complaints Committee for display notice for the workplace
Section 19(b) requires the penal consequences and the constitution order to be displayed at a conspicuous place. This is the notice that goes on the board.
[Company Letterhead] SEXUAL HARASSMENT AT THE WORKPLACE IS PROHIBITED Displayed under section 19(b) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Workplace: [Workplace Address] Sexual harassment at the workplace is prohibited. Any act of sexual harassment is misconduct at [Company Name] and will attract disciplinary action. WHAT COUNTS Unwelcome acts or behaviour, whether directly or by implication: physical contact and advances; a demand or request for sexual favours; sexually coloured remarks; showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. YOUR INTERNAL COMMITTEE Presiding Officer [Presiding Officer Name], [Designation] [Email] | [Telephone] Member [Member Name], [Designation] [Email] | [Telephone] Member [Member Name], [Designation] [Email] | [Telephone] External Member [External Member Name], [Organisation] [Email] | [Telephone] Constituted by order dated [Date of Order] for the term [Term Start Date] to [Term End Date]. HOW TO COMPLAIN Write to any Member above, or to [Committee Email Address]. A complaint should be made within three months of the incident, or of the last incident in a series. The Committee may extend this by up to three months more if something prevented an earlier complaint. If you cannot put the complaint in writing, any Member will help you do so. If you are unable to complain yourself, another person may complain on your behalf. WHAT IS PROTECTED The complaint, your identity, the identity of witnesses and the proceedings are confidential and may not be published or made known. An inability to prove a complaint does not make it a false one, and no action follows from it. PENALTY FOR THE EMPLOYER An employer who fails to constitute an Internal Committee, or to act on the Committee's recommendations, is punishable with fine which may extend to fifty thousand rupees, with enhanced consequences on a repeat conviction. If you have fewer than ten workers at your establishment, or your complaint is against the employer, you may complain instead to the Local Committee constituted by the District Officer at [District Officer Address]. Issued by [Signatory Name], [Signatory Designation], for [Company Name] Date: [Date]
Internal Complaints Committee for external member appointment letter
The external member is the requirement that stalls constitutions, and the appointment needs its own terms covering fees, confidentiality and availability.
[Company Letterhead] Ref: [Reference Number] Date: [Date] [External Member Name] [Organisation] [Address] Dear [External Member Name], Sub: Appointment as External Member of the Internal Committee Following our discussion, [Company Name] is pleased to appoint you as the External Member of the Internal Committee constituted for its workplace at [Workplace Address] under section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 1. BASIS OF NOMINATION You are nominated under section 4(2)(c) of the Act, being [a person from a non-governmental organisation or association committed to the cause of women / a person familiar with issues relating to sexual harassment], on the basis of [Basis of Familiarity or Experience]. 2. TERM Your term runs from [Term Start Date] to [Term End Date], being a period not exceeding three years from the date of nomination. The appointment may be renewed by a fresh order. 3. ROLE You will sit on the Committee for the receipt of complaints, any conciliation the aggrieved woman requests, the conduct of inquiries, and the making of recommendations and the annual report. The Committee holds the powers of a civil court in respect of summoning and enforcing attendance and requiring the discovery and production of documents. 4. FEES AND ALLOWANCES [Company Name] will pay you [Fee Amount Basis] for holding the proceedings of the Committee, together with reasonable travel expenses actually incurred, on submission of a claim. 5. AVAILABILITY The Act requires an inquiry to be completed within ninety days. We ask that you make yourself available for proceedings within that period, and tell us promptly if at any point you cannot. 6. CONFIDENTIALITY Section 16 of the Act prohibits publication or disclosure of the contents of a complaint, the identity and addresses of the aggrieved woman, the respondent and witnesses, information relating to conciliation and inquiry proceedings, the recommendations, and the action taken. This obligation binds you during and after your term, and section 17 provides a penalty for contravention. 7. VACATION OF OFFICE Your office is liable to be vacated on the grounds set out in section 4(5) of the Act, which include contravention of section 16. 8. INDEPENDENCE You are not an employee of [Company Name] and this appointment creates no employment relationship. You are expected to exercise your own judgement on the Committee, and [Company Name] will not seek to influence it. Please confirm your acceptance by signing and returning a copy of this letter. Yours sincerely, [Signatory Name] [Signatory Designation] For [Company Name] Accepted: Signature: ______________________ Name: [External Member Name] Date: [Date]
What it has to contain
| Element | Why it matters |
|---|---|
| An order in writing | Section 4(1) requires the committee to be constituted by an order in writing. Where members are named only inside a policy, there is no order to produce when the constitution is questioned, and the point is taken before the merits are ever reached. |
| A committee at each administrative unit | The proviso to section 4(1) requires constitution at all administrative units or offices where those are located at different places, or at divisional or sub-divisional level. One committee at head office does not cover a company with several sites. |
| A Presiding Officer who is a senior woman employee | Section 4(2)(a) requires a woman employed at a senior level at the workplace. Where none is available, the provisos allow nomination from another office or administrative unit of the same employer, or from another workplace, department or organisation, but the role cannot simply be filled by whoever is willing. |
| Not fewer than two employee members | Section 4(2)(b) sets a floor of two members from among employees, preferably committed to the cause of women, or with experience in social work, or with legal knowledge. Recording the basis on which each was chosen makes the order self-evidencing. |
| One external member | Section 4(2)(c) requires a member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. This is the requirement most often skipped, and its absence goes to the constitution of the committee itself. |
| At least one half women | The proviso to section 4(2) requires that at least one half of the members nominated be women. Stating the arithmetic in the order removes any argument about whether the requirement was met on the date of nomination. |
| A term not exceeding three years | Section 4(3) caps tenure at three years from nomination. Recording the end date is what allows the expiry to be diarised, and an expired committee has no validly appointed member to receive a complaint. |
How to write one
- Count your workplaces before you count your members. The proviso to section 4(1) requires a committee at every administrative unit or office where these are in different places. Establish how many committees you need first, because the external member search multiplies with it.
- Find the external member first. This is the step that stalls constitutions, so start it before drafting anything. Approach organisations working on women's rights or workplace harassment locally, or a practitioner familiar with the subject, and agree the fee and availability up front.
- Identify a Presiding Officer who meets the description. A woman employed at a senior level at that workplace. Where none is available, work through the provisos in order: another office or administrative unit of the same employer, then another workplace, department or organisation. Record which limb you relied on.
- Check the arithmetic before issuing. Count the members and count the women among them, and confirm at least one half are women. Do this at nomination rather than discovering later that a resignation has taken the committee below the line.
- Issue the order and display it. Section 19(b) requires the order constituting the committee to be displayed at a conspicuous place at the workplace, together with the penal consequences of sexual harassment. That includes sites where contract staff work, and in languages they read.
- Train the committee on conducting an inquiry. Section 19(c) requires orientation programmes for members, separately from awareness programmes for employees. Knowing what sexual harassment is does not equip someone to run an inquiry, and procedural errors are what findings are set aside on.
- Diarise the term end and the annual report. Record the term end date when the order is issued and reconstitute before it expires. Section 21 requires an annual report in each calendar year, and section 22 requires the employer to include the number of cases and their disposal in its annual report, whether or not there were any.
Who has to constitute one
This is the point most often stated wrongly, including by employers who have taken advice.
Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides that every employer of a workplace shall, by an order in writing, constitute a committee to be known as the Internal Complaints Committee. There is no employee threshold in that section.
The familiar ten-worker figure comes from section 6(1), which does something different. It requires every District Officer to constitute a Local Committee in the district. That committee receives complaints of sexual harassment from establishments where the Internal Committee has not been constituted due to having less than ten workers, or where the complaint is against the employer himself.
So the ten-worker line describes when the Local Committee picks up complaints, not when the employer's obligation begins. The practical outcome resembles what most people assume, but the reasoning matters for two reasons. Section 6 also routes complaints against the employer to the Local Committee regardless of headcount, which is a route employers rarely display. And section 4(1) carries a proviso requiring constitution at all administrative units or offices where these are located at different places, or at divisional or sub-divisional level, which has nothing to do with headcount at all.
The arithmetic of a valid composition
Section 4(2) sets out who sits on the committee, and the requirements are cumulative rather than indicative.
The Presiding Officer must be a woman employed at a senior level at the workplace, from among the employees. Where a senior level woman employee is not available, the first proviso permits nomination from other offices or administrative units of the same workplace. The second permits nomination from any other workplace of the same employer, or from another department or organisation.
There must be not less than two members from among employees, preferably committed to the cause of women or having experience in social work or legal knowledge. And there must be 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.
The proviso then requires that at least one half of the total members nominated be women. This is worth computing explicitly at the point of nomination. A committee that satisfied it on the day the order was made can drift below the line when a member resigns and is replaced without the arithmetic being rechecked.
Section 4(4) provides that the member appointed from a non-governmental organisation or association is paid such fees or allowances for holding the proceedings as may be prescribed, payable by the employer. The fees themselves sit in the Rules, which are not stated here.
Tenure, removal and keeping the committee alive
Section 4(3) provides that the Presiding Officer and every member hold office for such period, not exceeding three years, from the date of their nomination as the employer may specify.
Two things follow. The order has to specify a period, because the section contemplates the employer setting one within the cap rather than the cap applying by default. And the period ends, which means a committee constituted and forgotten stops being a committee at a date nobody is watching.
Section 4(5) sets out when a member must be removed. The grounds are contravention of section 16, which is the confidentiality provision; conviction for an offence or a pending inquiry into an offence under any law in force; being found guilty in disciplinary proceedings or having such proceedings pending; or abusing the position so as to render continuance prejudicial to the public interest. The vacancy so created, or any casual vacancy, is filled by fresh nomination in accordance with the same section.
The practical arrangement is unglamorous and effective. Record the term end date on the order. Diarise it a couple of months ahead. Reconstitute before expiry rather than discovering the gap when a complaint arrives, because the ninety day inquiry period under section 11(4) runs from the complaint and not from the date the employer got its committee in order.
What the committee can actually do
The committee is not an informal panel. Section 11(3) gives it the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit. Those powers cover summoning and enforcing the attendance of any person and examining them on oath, requiring the discovery and production of documents, and any other prescribed matter.
Alongside that, section 19 places duties on the employer that exist to make those powers usable. The employer must provide the committee with the facilities it needs to deal with a complaint and conduct an inquiry, assist in securing the attendance of the respondent and witnesses, and make available such information as the committee requires.
The point worth drawing out for employers is that these are obligations rather than courtesies. A committee that cannot get a manager to attend, or cannot obtain records it has asked for, is being obstructed by the employer whose duty it is to assist. The failure is the employer's, not the committee's.
Where the respondent is an employee, section 11(1) requires the inquiry to be conducted in accordance with the service rules applicable to the respondent, and where no such rules exist, in the manner prescribed by the Rules. The second proviso to section 11(1) covers the case where both parties are employees. Both must be given an opportunity of being heard, and a copy of the findings must go to both, so they can make representations against it before the committee.
Common mistakes
| Mistake | Why it causes trouble | What to do instead |
|---|---|---|
| Naming members in the policy instead of issuing an order | Section 4(1) requires an order in writing. Without one there is no record of who was appointed, on what basis, or for what term, and the constitution can be challenged before the merits are considered. | Issue a dated order under section 4(1), keep it with the policy, and reissue it whenever a member changes. |
| No external member | The composition required by section 4(2)(c) is not met, so the committee is not properly constituted and every inquiry it conducts is vulnerable on that ground regardless of how well it was run. | Appoint the external member before constituting, and replace them promptly when the term ends or they step down. |
| One committee for a multi-site employer | The proviso to section 4(1) requires a committee at all administrative units. A complainant at a site with no committee is left without the body the Act says should receive her complaint. | Constitute at each unit. Where a site has fewer than ten workers and no committee, display the Local Committee's details so the route under section 6 is visible. |
| Letting the term lapse | Section 4(3) caps tenure at three years. Members leave, terms expire, and nobody notices until a complaint arrives, and the delay in reconstituting runs against the ninety day inquiry period in section 11(4). | Record the term end date in the order, diarise it, and reconstitute before expiry rather than after. |
| Treating the external member as a formality | An external member who is never briefed, never paid and never available cannot sit, so the committee proceeds without them and the composition requirement fails in practice even though the order looks correct. | Agree fees and availability in an appointment letter, pay the fees section 4(4) contemplates, and involve them from the first meeting. |
| Committee members who have never been trained | Section 19(c) requires orientation for members. Untrained committees make procedural errors, most often by not giving the respondent the material relied on or by hearing witnesses without either party knowing what was said. | Run orientation on conducting an inquiry when the committee is constituted, and repeat it whenever a member is replaced. |
Statutory reference
- Act
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Key limits
- The fees or allowances payable to the external Member, the form of the annual report, and the manner of inquiry where no service rules exist are all set by the Rules made under the Act, and none of them is stated here.
| Provision | What it says |
|---|---|
| Section 4(1) | Requires every employer of a workplace to constitute an Internal Complaints Committee by an order in writing, with a proviso requiring constitution at all administrative units or offices where these are located at different places or at divisional or sub-divisional level. |
| Section 4(2) | Prescribes the composition: a Presiding Officer who is a woman employed at a senior level at the workplace from amongst the employees, with provisos for nomination from elsewhere where none is available; not less than two Members from amongst employees preferably committed to the cause of women or having experience in social work or legal knowledge; and 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; with a proviso that at least one half of the total Members so nominated be women. |
| Section 4(3) | Provides for a term not exceeding three years from the date of nomination. |
| Section 4(4) | Requires the employer to pay the member appointed from a non-governmental organisation or association such fees or allowances as may be prescribed. |
| Section 4(5) | Sets out the grounds on which a Presiding Officer or Member is to be removed and requires vacancies to be filled by fresh nomination. |
| Section 6(1) | Requires the District Officer to constitute a Local Committee to receive complaints from establishments where an Internal Committee has not been constituted due to having less than ten workers, or where the complaint is against the employer. |
| Section 11(3) | Confers on the Committee the powers of a civil court under the Code of Civil Procedure, 1908 in respect of summoning and enforcing attendance and examining on oath, and requiring discovery and production of documents. |
| Section 11(4) | Requires the inquiry to be completed within ninety days. |
| Section 19 | Sets out the duties of the employer, including display under clause (b) of the penal consequences and the order constituting the Committee, and orientation programmes for Members under clause (c). |
| Section 21 | Requires the Committee to prepare an annual report in each calendar year. |
| Section 26 | Provides a fine which may extend to fifty thousand rupees for failure to constitute a Committee or to act under sections 13, 14 and 22. |
Frequently asked questions
Is an Internal Complaints Committee mandatory for every employer?
Section 4(1) requires every employer of a workplace to constitute one by an order in writing, and imposes no employee threshold on its face. The ten-worker figure sits in section 6(1). That section establishes the district Local Committee, which receives complaints from establishments where an Internal Committee has not been constituted because there are fewer than ten workers, or where the complaint is against the employer.
How many members must an Internal Committee have?
At minimum four. A Presiding Officer who is a woman employed at a senior level at the workplace. Not less than two members from among employees. And 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. At least one half of the members nominated must be women.
Can an Internal Committee be constituted without an external member?
No. Section 4(2)(c) makes the external member part of the required composition. A committee constituted without one does not meet section 4(2), and an inquiry it conducts is open to challenge on that basis regardless of how carefully the inquiry itself was run.
How long does an Internal Committee last?
Section 4(3) provides for a period specified by the employer, not exceeding three years from the date of nomination. The order should state the actual term, and the end date should be diarised so the committee is reconstituted before it expires rather than after a complaint arrives.
Does a company with several offices need more than one committee?
Yes. The proviso to section 4(1) requires that where the offices or administrative units of the workplace are located at different places, or at divisional or sub-divisional level, the Internal Committee be constituted at all administrative units or offices. One committee at head office does not discharge the obligation for the other sites.
What happens if the complaint is against the employer?
Section 6(1) routes such complaints to the Local Committee constituted by the District Officer, irrespective of how many workers the establishment has. That route should be displayed alongside the Internal Committee's details, since an employee whose complaint is about the employer will not find it otherwise.
Does the external member have to be paid?
Section 4(4) provides that the member appointed from a non-governmental organisation or association is paid such fees or allowances for holding the proceedings of the committee as may be prescribed, and that the employer pays them. The amounts sit in the Rules made under the Act.
What powers does the committee have to compel evidence?
Section 11(3) gives it the same powers as a civil court under the Code of Civil Procedure, 1908. Those cover summoning and enforcing the attendance of any person and examining them on oath, and requiring the discovery and production of documents. Section 19 separately obliges the employer to assist in securing attendance and to make information available.
Keeping the committee valid in Engage
Engage stores the constitution order against the workplace it covers, with the term end date as a dated field rather than a line in a document, so an expiring committee raises a reminder before it lapses. Member changes are recorded as fresh orders against the same history, so the answer to who sat on the committee on a given date comes out of the record. Complaint timelines run against the ninety day inquiry period and the sixty day action period.
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