Ch. II · §4
Chapter II
Internal Committee
Section
Chapter II · Internal Committee
Section 4
Constitution of Internal Committee
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.
Plain Language
Every employer with ten or more workers must create an Internal Committee (IC) by written order. This is not optional and not deferred until a complaint arises.
The IC must be led by a senior woman employee as Presiding Officer. If no senior woman is available at that office, the employer must look to other units or even other workplaces in the same district.
The committee must include at least two employee members, one external member from an NGO or association focused on women's issues, and at least fifty percent women overall.
The external member is a structural requirement, not a consultant who can be added later. The committee does not legally exist without proper composition.
Why It Matters
Without a properly constituted IC, the employer cannot lawfully receive or process complaints of sexual harassment. The complaint mechanism itself depends on correct composition.
The external member serves as an independent check. Without one, any inquiry outcome could be challenged on procedural grounds.
The gender balance requirement ensures that the committee is not dominated by members who may not fully understand the complainant's perspective.
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 within the district.
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.
- 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 a term not exceeding three years unless a successor is nominated.
- Understand that the IC has civil-court-style powers for summoning, oath, and document production.
- Cooperate in preparing the annual report to the employer and District Officer.
employee
- Understand that the external member is a legal requirement, not an optional advisor.
- Know that the IC's composition can be challenged if it does not meet 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
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)
Provide necessary facilities to the IC for dealing with complaints and conducting inquiries
Actor: Employer · Rule: Section 4(7)
Submit annual report to employer and District Officer on cases filed and disposed of
Actor: IC · Rule: Section 4(8)
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.
Continuation until replacement: Until successor nominated
Members continue to hold office beyond their term expiry until a new Presiding Officer or Member is nominated.
Annual report: Every calendar year
The IC must make an annual report to the employer and the District Officer regarding cases filed and disposed of.
Common Mistakes
Assuming a company with fewer than ten workers needs an IC — the IC threshold is ten or more workers; smaller workplaces use the Local Committee route.
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.
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