Ch. VIII · Miscellaneous
- Official source
- India Code, Ministry of Law and Justice, Government of India
- Source version
- India Code PDF — last updated 31 August 2021
- Source location
- India Code PDF, pp. 3–14
- Retrieved
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Chapter VIII
Chapter VIII
Miscellaneous
Reporting, inspections, penalties, rule-making, and residual powers under the Act.
Sections in this chapter
Committee to submit annual report
Every Internal Committee and Local Committee must prepare an annual report each calendar year in the prescribed form and submit it to both the employer and the District Officer.
Employer to include information in annual report
Employers must disclose the number of sexual-harassment cases filed and disposed of during the year as part of their annual report.
Appropriate Government to monitor implementation and maintain data
The appropriate Government — Central or State, depending on the workplace — has a statutory duty to monitor how the Act is being implemented across the jurisdiction it governs.
Appropriate Government to take measures to publicise this Act
Subject to the availability of financial and other resources, the appropriate Government may develop information, education, communication and training materials and organise awareness programmes about the Act.
Power to call for information and inspection of records and workplace
When satisfied that it is necessary in the public interest or in the interest of women employees at a workplace, the appropriate Government may by written order call for information from an employer or District Officer.
Penalty for non-compliance with provisions of Act
Employers who fail to constitute an Internal Committee, act on committee recommendations, or otherwise breach the Act can be fined up to fifty thousand rupees.
Cognizance of offence by courts
Courts can only take up offences under the Act if the complaint comes from the aggrieved woman herself or from a person authorised by the committee.
Act not in derogation of any other law
The POSH Act adds remedies and duties on top of existing law — it does not cancel, replace, or diminish any other civil, criminal, service-rule, or labour-law options.
Power of appropriate Government to make rules
The Central Government has the power to make rules for carrying out the Act, and Section 29(2) lists specific matters that may be covered — including fees, complaint assistance, inquiry procedure, interim relief, compensation-related action, confidentiality-related action, appeals, employer training detail, and annual reports.
Power to remove difficulties
The Central Government had a temporary power to issue orders to remove difficulties in implementing the Act, but only within two years from its commencement.
About This Chapter
More About Chapter VIII
Chapter VIII covers the operational and enforcement provisions that support the Act's implementation: annual reporting by committees and employers, government monitoring and data collection, publicity measures, inspection powers, penalties for non-compliance, court jurisdiction, savings clause, rule-making power, and transitional provisions.
Annual reporting is a formal statutory output. Every Internal Committee and Local Committee must prepare and submit an annual report, and the District Officer must forward a brief report to the State Government. Employers must include case counts in their annual report or inform the District Officer.
Penalties under Section 26 make governance neglect a business risk, not just an HR issue. Repeat non-compliance can escalate beyond a first fine.
Key Stakeholders
Themes