Constitution of Internal Complaints Committee under POSH Act

Introduction 

Chapter II of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides for the constitution of Internal Complaints Committee at workplaces. 

• Section 4 lays down detailed provisions regarding the formation, composition, tenure, and removal of members of the Internal Complaints Committee.

Constitution of Internal Complaints Committee (Section 4) 

• Section 4(1): Every employer must constitute an Internal Complaints Committee (ICC) through a written order at their workplace. 
• Section 4(1) (Proviso): If the workplace has offices or administrative units at different locations or at divisional or sub-divisional levels, the Internal Committee must be constituted at all such administrative units or offices. 
• Section 4(2): The Internal Committee shall consist of the following members nominated by the employer: 
  • (a) Presiding Officer: Must be a woman employed at a senior level at the workplace from amongst the employees. 
    • First Proviso: If a senior level woman employee is not available at the workplace, the Presiding Officer shall be nominated from other offices or administrative units of the workplace. 
      • Second Proviso: If other offices or administrative units also lack a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or from another department or organisation. 
  • (b) Members: Not less than two members from amongst employees, preferably those committed to the cause of women or who have experience in social work or possess legal knowledge. 
  • (c) External Member: One member from non-governmental organisations or associations committed to the cause of women, or a person familiar with issues relating to sexual harassment. 
    • Proviso: At least one-half of the total members nominated must be women. 
  • Section 4(3): The Presiding Officer and every member of the Internal Committee shall hold office for a period not exceeding three years from the date of their nomination, as specified by the employer. 
  • Section 4(4): The member appointed from non-governmental organisations or associations shall be paid fees or allowances as prescribed by the employer for holding the proceedings of the Internal Committee. 
  • Section 4(5): The Presiding Officer or any member shall be removed from the Committee if: 
    • (a) They contravene the provisions of Section 16 of the Act, or 
    • (b) They have been convicted for an offence or an inquiry into an offence under any law is pending against them, or 
    • (c) They have been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against them, or 
    • (d) They have abused their position to the extent that their continuance in office is prejudicial to public interest. 
• Any vacancy created by removal or casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.

Key Requirements under Section 4 

Conclusion 

Section 4 establishes a comprehensive framework for constituting Internal Complaints Committees at workplaces to address sexual harassment complaints. The provisions ensure proper representation by mandating senior-level women as Presiding Officers, requiring adequate gender representation with at least half the members being women, and including external members with expertise in women's issues. The section provides flexibility for workplaces with multiple locations while maintaining structural integrity through clear guidelines on composition, tenure, and removal of members. These regulations create an accessible and credible redressal mechanism that balances internal knowledge of workplace dynamics with external expertise and objectivity.