The direct answer
Under Section 4 of the POSH Act, an employer must constitute an Internal Committee by written order in accordance with the applicable statutory framework. The prescribed composition includes a woman Presiding Officer, at least two employee members and one member from an eligible external category. At least half the nominated members must be women. The Act also addresses tenure, replacement and constitution across different offices or administrative units. Organisations should distinguish these legal requirements from additional governance practices intended to make the committee effective.
Who this guide is for Employers, Founders, HR heads, Legal and compliance officers, Prospective IC members.
Begin With the Correct Workplace and Committee Structure
The first task is to identify the workplaces, offices and administrative units to which the organisation's committee arrangements must apply. An employer should not simply appoint one group of people and assume that the same arrangement automatically covers every location.
Section 4 addresses constitution of the Internal Committee. Under its proviso, where offices or administrative units of the workplace are located at different places or at a divisional or sub-divisional level, the Internal Committee must be constituted at all such administrative units or offices. Organisations with multiple branches, divisions or geographically dispersed operations must map their actual structure to this requirement rather than assume that one appointment order covers every location.
Section 6 separately provides for the Local Committee, including complaints from establishments where an Internal Committee has not been constituted because there are fewer than ten workers, and complaints against the employer.
These provisions should be read together. A workplace with fewer workers must not be treated as having no responsibility to prevent sexual harassment merely because the Internal Committee route differs.
Illustrative planning example: An organisation has offices in two cities and a shared HR function. Before relying on a single committee arrangement, it should map each office and administrative unit against Section 4 and examine the written constitution records. Sharing an HR team is not itself an assessment of the statutory location requirements.
Legal basis: Section 4 — Internal CommitteeSection 6 — Local Committee
Apply the Statutory Composition Requirements
Section 4 specifies the categories from which the employer must nominate members.
The Presiding Officer must be a woman employed at a senior level at the workplace, subject to the statutory alternatives where such a woman is not available in the relevant office or administrative unit.
Section 4(2)(a) sets out the alternatives in sequence: first look to other offices or administrative units of the workplace; if those do not have a senior-level woman employee, the further proviso permits nomination from another workplace of the same employer or another department or organisation. These alternatives do not waive the requirement for a woman Presiding Officer.
The Committee must include at least two members from amongst employees, preferably individuals committed to the cause of women or having experience in social work or legal knowledge.
It must also include one member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
At least half of the total nominated members must be women.
These elements produce a practical minimum composition of four members, although Section 4 expresses the requirement through the prescribed member categories rather than a standalone ‘four members’ formula.
Illustrative composition check: If five members are nominated, at least three must be women to satisfy the one-half threshold. Count the entire nominated membership, including the Presiding Officer and external-category member; each nominee must also satisfy the relevant membership category.
Eligibility, representation and availability should be considered together. A person may be professionally accomplished yet still require a proper assessment against the particular statutory membership category.
Legal basis: Section 4(2)
Constitute the Committee Through a Written Order
Section 4 requires the employer to constitute the Internal Committee by an order in writing.
The written constitution record should clearly identify the members and their respective capacities. As a recommended governance practice, the organisation should also maintain appointment dates, applicable terms, relevant workplace locations, acknowledgement of appointment and the authority issuing the order.
Committee constitution should not be confused with the employer's continuing operational duties.
A properly documented appointment should be followed by appropriate communication of the committee's existence and accessible reporting arrangements.
Rule 13 also addresses declaring the names and contact details of Internal Committee members. Section 19(b) separately requires the display of the committee constitution order and the penal consequences of sexual harassment at a conspicuous place.
These requirements should not be replaced by a vague website statement that the organisation has a POSH committee.
Section 4(4) separately provides for the employer to pay prescribed fees or allowances to the member appointed from a non-governmental organisation or association. Address the applicable payment arrangements when making that appointment and planning committee support; do not assume that every external-category appointment has identical payment terms.
Legal basis: Section 4(1) — written constitutionSection 4(4) — member fees or allowancesSection 19(b) — workplace displayRule 13(e) — member names and contact details
Prepare the Committee to Function Independently and Fairly
The Internal Committee requires more than nominal appointment.
Section 19 requires employers to provide necessary facilities, assist in securing attendance and make relevant information available to the Committee within the applicable legal framework.
Section 19(c) and Rule 13 address orientation and capacity-building programmes for committee members.
An effective orientation should explain the committee's statutory role, procedural boundaries, confidentiality responsibilities, appropriate documentation practices and the importance of fairness to all parties.
The organisation should also separate committee decision-making from commercial, HR or management interests that could improperly influence a complaint or inquiry.
Confidentiality is particularly important. Section 16 restricts publication and disclosure of specified complaint and inquiry information. Committee communications, records and access permissions should be designed accordingly.
Legal basis: Section 16Section 19Rule 13
Manage Tenure, Vacancies and Organisational Changes
Section 4 provides that the Presiding Officer and members hold office for a period specified by the employer, not exceeding three years from their nomination.
Section 4(5) addresses removal in the stated statutory circumstances and requires the resulting vacancy, or any casual vacancy, to be filled by fresh nomination in accordance with Section 4. Treat a resignation or other vacancy as a nomination task, not merely an update to the contact list. Reassess the relevant membership category and women's representation after each change.
An organisation should therefore maintain a current view of membership and ensure that its committee arrangements do not depend entirely on individual employees remaining in their roles indefinitely.
Changes in location, organisational structure, workforce composition or member availability may require a fresh assessment of the committee arrangements.
A regular governance review is a useful organisational control, but it must not be presented as a separately prescribed universal statutory review frequency.
Legal basis: Section 4(3)–(5)
Practical IC Constitution Readiness Checklist
Before treating the constitution exercise as complete, the organisation should be able to answer:
- Have the relevant workplaces and administrative units been identified?
- Is there a written IC constitution order?
- Does the nominated membership satisfy Section 4?
- Is the prescribed women's representation maintained?
- Does the external member satisfy the applicable statutory category?
- Have applicable member fees or allowances and their payment arrangements been addressed?
- Are member terms and vacancies documented?
- Have members received appropriate orientation?
- Have the committee's details and statutory workplace notices been communicated as required?
- Are the necessary facilities and confidentiality safeguards available?
- Is there a clear route for maintaining the Committee after organisational or personnel changes?
This is a practical readiness aid. It does not establish that every statutory obligation has been fulfilled or that a committee is legally compliant in all circumstances.
Legal basis: Section 4Section 19
Internal Committee Constitution Map
Section 4 sets membership categories and a representation threshold. The accompanying controls help an organisation keep its committee operational.
Woman Presiding Officer
Senior-level woman employee, subject to the statutory alternatives.
First employee member
First of at least two employee members, with the statutory preference criteria considered.
Second employee member
Second of at least two employee members; additional nominations must preserve the statutory categories and representation threshold.
One eligible external-category member
From the specified NGO/association category or a person familiar with sexual-harassment issues.
Statutory requirements
- RepresentationAt least half the total nominated members must be women.
- Written orderThe employer constitutes the Committee by an order in writing.
- TenureEmployer-specified term cannot exceed three years from nomination.
- Offices and administrative unitsSection 4’s proviso requires constitution at all administrative units or offices where its location conditions apply; do not assume one appointment covers every branch.
Recommended supporting controls
- Keep a composition worksheet and controlled appointment records.
- Set reminders for terms, vacancies and replacements.
- Define conflict-escalation and records-access responsibilities.
- Review changes in locations and personnel against current arrangements.
Membership elements reflect statutory requirements; supporting controls are recommended governance practices.
Common implementation mistakes
- Treating the IC as a purely documentary appointment.
- Assuming one committee automatically covers every branch.
- Appointing a person to the external-member category without assessing the statutory eligibility basis.
- Allowing terms or vacancies to remain unmonitored.
- Failing to provide orientation and operational support.
- Confusing employer control over resources with control over the committee's findings.
Frequently asked questions
How many members must an Internal Committee have?
Section 4 requires a woman Presiding Officer, at least two employee members and one member from an eligible external category. This produces a practical minimum of four members. At least half the total nominated members must be women.
Can the same Internal Committee cover multiple branches?
Section 4(1)'s proviso requires an Internal Committee at all administrative units or offices where the workplace's offices or administrative units are located at different places or at a divisional or sub-divisional level. Map the organisation's actual structure against that requirement before relying on a shared arrangement. A shared HR function does not itself establish that one committee covers every location.
Must the external member be a lawyer?
No general requirement that the external member must be a lawyer appears in Section 4(2)(c). The statutory category covers a person from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
How long can IC members hold office?
Under Section 4(3), the employer specifies the term, subject to a maximum of three years from the date of nomination.
What if a complaint is against the employer?
Section 6 addresses the Local Committee route for complaints against the employer. The appropriate forum should be identified from the applicable statutory provisions and circumstances.
What about establishments with fewer than ten workers?
Section 6 provides for the Local Committee to receive complaints from establishments where an Internal Committee has not been constituted because there are fewer than ten workers. This does not mean that a smaller workplace has no prevention, awareness or other applicable employer responsibilities. Identify the appropriate reporting route and communicate it accurately.
Sources and further reading
The statutory sources and this practical guide are separate reading layers. Organisation-specific decisions and current local instructions require appropriate qualified review.