Miscellaneous

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

The government must actively develop information materials, training programmes, and awareness campaigns to advance public understanding of the Act.

Power to call for information and inspection of records and workplace

The government can demand written information from employers or District Officers about how the Act is being implemented.

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 the Act lists specific matters that may be covered by rules — including fees, complaint forms, inquiry procedures, conciliation, interim relief, annual reports, training, awareness, and appeals.

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.