Ch. II · §4
Chapter II
Internal Committee
Section
Chapter II · Internal Committee
Section 4
Constitution of Internal Committee
Transcribed from the official India Code source for reading and comparison. PIH plain-language guidance is editorial and separate; this page is not legal advice.
Plain Language
Every employer of a workplace must constitute an Internal Committee (IC) by written order. The Local Committee route in Section 6 applies where an IC has not been constituted because an establishment has fewer than ten workers, and where the complaint is against the employer.
The IC must be led by a senior woman employee as Presiding Officer. If no senior woman is available at that office, the statutory fallback reaches other offices or administrative units, and then another workplace of the same employer or another department or organisation.
The committee must include at least two employee members, one external member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment, and at least fifty percent women overall.
The external member is a statutory member, not an optional consultant. The employer must also pay the prescribed fees or allowances to that member for holding proceedings.
Why It Matters
A properly constituted IC is the employer-side statutory route for complaints where Section 6 does not assign jurisdiction to the Local Committee. Composition should be documented before a complaint arises.
The external member is part of the statutory composition and brings outside experience or familiarity with sexual-harassment issues; the Act does not describe the role as an independent adjudicator.
The gender-balance requirement is a mandatory composition rule: at least one-half of the total nominated members must be women.
The written order requirement creates an auditable compliance record. Verbal nominations are insufficient.
Practical Example
Presiding Officer fallback
Scenario: A company with 15 employees in Mumbai has no woman in a senior role. Their only senior employees are men.
Outcome: The employer must nominate a Presiding Officer from another office or administrative unit of the same organisation, or from another workplace of the same employer or another department or organisation.
Scenario: An employer forms a three-person committee with two male employees and one female HR manager, with no external member.
Outcome: This committee is not validly constituted. It fails on two counts: no external member and less than fifty percent women. Any inquiry conducted by this committee can be challenged.
Scenario: A start-up with 12 employees argues it does not need an IC because it has never received a complaint.
Outcome: The duty to constitute an IC arises from the headcount, not from having received a complaint. The committee must exist before any complaint is filed.
Who Must Act
employer
- Constitute the Internal Committee by written order at each office or administrative unit.
- Nominate a senior woman employee as Presiding Officer, using the fallback chain if necessary.
- Ensure at least two employee members and one external member from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
- Ensure at least fifty percent of total members are women.
- Provide necessary facilities for the IC to handle complaints and conduct inquiries.
- Nominate replacement members before existing terms expire to avoid a gap in committee validity.
ic member
- Hold office for the period specified by the employer, not exceeding three years from nomination.
- Maintain the confidentiality obligations that apply to complaint and inquiry material under Section 16.
- Use the inquiry powers in Section 11(3) only for the statutory inquiry function and in accordance with applicable procedure.
employee
- Understand that the external member is a legal requirement, not an optional advisor.
- Know that the IC's composition should be checked against the written order and statutory requirements.
Compliance
Constitute IC by written order at each office or administrative unit
Actor: Employer · Rule: Section 4(1)
Nominate a Presiding Officer who is a senior woman employee
Actor: Employer · Rule: Section 4(2)(a)
Include at least two employee members in the IC
Actor: Employer · Rule: Section 4(2)(b)
Include at least one external member from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment
Actor: Employer · Rule: Section 4(2)(c)
Ensure at least fifty percent of total members are women
Actor: Employer · Rule: Section 4(2)(c) proviso, Section 4(5)(a)
Pay the prescribed fees or allowances to the external member for holding IC proceedings
Actor: Employer · Rule: Section 4(4)
Remove a Presiding Officer or member where a statutory removal ground is established and fill the vacancy by fresh nomination
Actor: Employer · Rule: Section 4(5)
Timelines
IC member tenure: Up to 3 years
The Presiding Officer and every member hold office for a period not exceeding three years from the date of nomination.
Common Mistakes
Assuming the IC route is the only route — establishments where an IC has not been constituted because they have fewer than ten workers, and complaints against the employer, fall within Section 6's Local Committee mechanism.
Treating the external member as optional or substituting an internal HR person in that role.
Nominating only male employee members and arguing the Presiding Officer counts toward the fifty percent women requirement — she does, but the total must still be at least fifty percent women.
Constituting one IC for an organisation with multiple offices spread across different locations — each administrative unit or office needs its own IC or documented coverage arrangement.
Allowing IC member terms to lapse without nominating successors — the statute provides for continuation, but indefinite gaps create legal risk.
Verbal nomination without a written order — the statute requires an order in writing.
Practical PIH resources
These are separate PIH editorial, training, or support destinations. They are not substitutes for the official Act source or a statutory complaint forum.
Source & Status
- 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, p. 5–6
- Retrieved
Statutory blocks are kept separate from PIH plain-language and operational guidance. The reading copy is not legal advice.
Legal review status: counsel-reviewed. All sections have valid documentary counsel evidence and publication signals are enabled.
Judicial material: no verified judicial interpretation is published in this reading copy. Judicial analysis is a separate layer from the statutory transcription and PIH editorial guidance.