Employer to include information in annual report

Section OverviewPending legal verification

The employer shall include in his report the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation or, if the employer is not required to prepare any annual report, he shall intimate the number of cases, if any, and their disposal to the District Officer.

Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.

Source: Ministry of Law and Justice, Government of IndiaRetrieved: 2024-01-15

Plain Language

Employers must disclose the number of sexual-harassment cases filed and disposed of during the year as part of their annual report.

If the employer does not prepare an annual report (common for smaller organisations), they must instead inform the District Officer of the case counts and disposal details.

Case-count reporting is mandatory even where there is no traditional corporate annual report format.

Why It Matters

This section closes the accountability loop — employers cannot hide case data or pretend no complaints exist.

It enables the District Officer and the government to track implementation patterns across employers in the district.

The dual-track design (annual report or direct intimation) ensures no employer can claim exemption due to reporting format.

Practical Example

Scenario: A mid-size company with an annual report includes a section on POSH compliance showing three cases filed and three disposed of during the year.

Outcome: This fulfils Section 22. The information becomes part of the company's public or regulatory disclosure.

Scenario: A small business with fifteen employees does not prepare an annual report. It sends a written intimation to the District Officer stating two cases were filed and resolved.

Outcome: This also fulfils Section 22 through the alternative track for employers without annual reports.

Who Must Act

employer

Build a reliable count-and-disposal workflow between HR and the committee.
Include case counts in the annual report, or intimate the District Officer if no annual report is prepared.
Ensure the data is accurate and consistent with the committee's annual report under Section 21.

Compliance

✓

Include number of sexual-harassment cases filed and disposed of in the annual report

Actor: Employer · Rule: Section 22

✓

If no annual report is prepared, intimate the case count and disposal to the District Officer

Actor: Employer · Rule: Section 22

Timelines

Annual report or intimation: Each reporting cycle

The employer must include POSH case data in the annual report or intimate the District Officer if no annual report is prepared.

Common Mistakes

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Assuming that only large companies with formal annual reports need to report — the alternative intimation track applies to all employers.

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Reporting only resolved cases and omitting pending ones from the count.

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Failing to reconcile the employer's reported numbers with the committee's annual report under Section 21.

Source & Status

This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.

Source: Ministry of Law and Justice, Government of India

Publication status: Temporary content pending separate legal verification