By S&S Co. Advocates & Solicitors · Published 20 September 2026 · Informational content, not legal advice — see our disclaimer
When an Internal Committee Is Required
Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires every employer with 10 or more employees to constitute an Internal Committee at each office or administrative unit. An employer with multiple branches or offices generally needs a separate Internal Committee per unit, unless a Local Committee arrangement applies — relevant for establishments with fewer than 10 employees, or for complaints made against the employer itself.
Composition Requirements
The Internal Committee must have a minimum of four members: a Presiding Officer who is a senior woman employee, at least two members from among employees committed to the cause of women or with relevant experience, and one external member from an NGO or with legal knowledge. At least half the total members must be women, and each member's term is capped at three years.
Statutory Timelines Once a Complaint Is Filed
The Internal Committee must complete its inquiry within 90 days of the complaint, submit its report within 10 further days, and the employer must act on the recommendations within 60 days of receiving the report. These timelines are meant to ensure complaints are resolved promptly rather than left pending indefinitely, and the Committee should be resourced to actually meet them.
Annual Reporting
Employers must file an Annual Report to the District Officer under Section 21, commonly due by 31 January in most states, disclosing the number of complaints received and disposed of. Listed companies must also disclose sexual harassment complaint data in the Board report or annual report where applicable, so this is not purely an internal HR record but a disclosure obligation with a public dimension for such companies.
Consequences of Non-Compliance
Failure to constitute an Internal Committee attracts a fine of up to Rs. 50,000 under Section 26, with repeat violations attracting double the penalty and potential cancellation or non-renewal of business licences and registrations — a real regulatory consequence beyond the fine itself.
Frequently Asked Questions
How many members must an Internal Committee have?
A minimum of four: a Presiding Officer who is a senior woman employee, at least two members committed to the cause of women or with relevant experience, and one external member from an NGO or with legal knowledge. At least half the members must be women.
What are the timelines once a POSH complaint is filed?
The Internal Committee must complete its inquiry within 90 days, submit its report within 10 further days, and the employer must act on the recommendations within 60 days of receiving the report.
What happens if an employer doesn't set up an Internal Committee?
A fine of up to Rs. 50,000 under Section 26, with repeat violations attracting double the penalty and potential cancellation or non-renewal of business licences and registrations.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sections 4, 21 and 26, as amended.