The POSH Act, 2013, explained section by section
The POSH Act is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It protects women from sexual harassment at work. Every employer must set up an Internal Committee to hear complaints. The Act is Act No. 14 of 2013, enacted on 22 April 2013 (the date of the President’s assent) and in force since 9 December 2013. It has 30 sections in 8 chapters.
Written by Manas Editorial Team · Last updated · Checked against the official text
What does the Act itself say?
The long title and section 1, word for word from India Code. Our notes follow below.
What does the POSH Act mean in plain words?
The Act has one goal: no woman should face sexual harassment at work. Section 3(1) says so in one line. It then sets up a way to complain, a committee to inquire, and duties for the employer.
It covers almost every workplace. That includes private companies, trusts, NGOs, hospitals, schools and shops. It also covers any place an employee visits for work (section 2(o)). “Employee” is wide too. It includes contract workers, trainees, apprentices and volunteers, paid or not (section 2(f)). See the POSH glossary.
There are two committees. Each employer sets up an Internal Committee (section 4). Each district has a Local Committee (section 6). It takes complaints from places with fewer than ten workers, and complaints against the employer.
The path of a complaint is simple to state. The woman complains within three months. The committee may help settle it, but never for money. Otherwise it holds an inquiry and finishes in 90 days. It reports in 10 days. The employer acts in 60 days. Either side can appeal in 90 days.
Which chapter covers what?
| Chapter I | PreliminarySections 1 to 3: title, definitions, prevention |
|---|---|
| Chapter II | Constitution of Internal Complaints CommitteeSection 4: read our notes on section 4 |
| Chapter III | Constitution of Local Complaints CommitteeSections 5 to 8 |
| Chapter IV | ComplaintSections 9 to 11 |
| Chapter V | Inquiry into complaintSections 12 to 18 |
| Chapter VI | Duties of employerSection 19 |
| Chapter VII | Duties and powers of District OfficerSection 20 |
| Chapter VIII | MiscellaneousSections 21 to 30: section 21, section 22, penalties in section 26 |
Which pages are in this library so far?
- Section 4: who sits on the Internal Committee
- Section 21: the committee’s annual report
- Section 22: POSH cases in the employer’s annual report
- POSH Rules, 2013: what the annual report must contain
- POSH glossary
- Internal Committee FAQ: questions committee members ask
For committee members and HR, the Internal Committee FAQ answers 15 questions on running a case.
What must every employer do under the Act?
- Set up an Internal Committee by a written order, at every office or unit in a different place (section 4(1)).
- Name a senior woman employee as Presiding Officer, at least two employee members and one external member (section 4(2)).
- Display the penal consequences of sexual harassment and the order setting up the committee (section 19(b)).
- Hold awareness programmes for staff and orientation for committee members at regular intervals (section 19(c)).
- Treat sexual harassment as misconduct under your service rules (section 19(i)).
- Act on the committee’s recommendations within 60 days (section 13(4)).
- Make sure the committee’s annual report is on time (section 19(j) and section 21).
- Report the number of cases and their disposal in your own annual report (section 22).
Which time limits and penalties does the Act set?
| Complaint | Within 3 months of the incident, or of the last oneSection 9(1); the committee can extend this by up to 3 months for reasons it records. |
|---|---|
| Inquiry | Completed within 90 daysSection 11(4) |
| Inquiry report | Within 10 days of finishing the inquirySection 13(1) |
| Employer acts | Within 60 days of the recommendationSection 13(4) |
| Appeal | Within 90 days of the recommendationsSection 18(2) |
| Leave during inquiry | Up to 3 months, on her written requestSection 12(1)(b) |
| Committee term | Up to 3 yearsSection 4(3) |
| Women on the committee | At least one-halfSection 4(2), proviso |
| Local Committee | For places with fewer than 10 workersSection 6(1); section 4(1) itself sets no headcount. |
| Penalty | Fine of up to ₹50,000Section 26(1) |
| Repeat offence | Twice the punishment, and loss of licence or registrationSection 26(2) |
What have the courts said about the Act?
Vishaka v. State of Rajasthan (1997)
Before this Act, the Supreme Court laid down guidelines on workplace sexual harassment. It held that “These directions would be binding and enforceable in law until suitable legislation is enacted to occupy the field.” The 2013 Act is that legislation. (Judgment of 13 August 1997 ↗)
Aureliano Fernandes v. State of Goa (2023)
Ten years after the Act, the Supreme Court found weak enforcement. It said: “It is disquieting to note that there are serious lapses in the enforcement of the Act even after such a long passage of time.” (paragraph 75). It then directed governments to check that committees exist and are set up as the Act requires (paragraph 77). (Judgment of 12 May 2023 ↗)
What do people ask about the POSH Act?
How does Manas help employers follow the Act?
We set up the Internal Committee and keep its records: the committee order and appointment letters, the POSH policy, a private online portal for complaints, and the section 21 annual report from the committee’s own register. Dr. Priya Dubey Sharma, Founder & Consulting Psychologist, serves as the external member on client committees. See how it works on our POSH compliance page, or run the free 2-minute committee check. For more answers, read the POSH FAQ.
Where does this page come from?
- The POSH Act, 2013: official PDF on India Code (Act No. 14 of 2013) ↗
- The POSH Act on India Code (Legislative Department, Government of India) ↗
- The POSH Rules, 2013: Gazette of India, G.S.R. 769(E), 9 December 2013 (scan on a Government S3WaaS site, PDF pages 18 to 20) ↗
- Vishaka & Ors. v. State of Rajasthan & Ors., Supreme Court, 13 August 1997 ↗
- Aureliano Fernandes v. State of Goa, Supreme Court, Civil Appeal No. 2482 of 2014, 12 May 2023 ↗
- The Act and the 2013 Rules on Indian Kanoon (convenience copies) ↗
Last checked against these sources on . The Act’s text is reproduced with our commentary (Copyright Act, 1957, s.52(1)(q)(ii)); Gazette rules and court judgments under s.52(1)(q)(i) and (iv). General information, not legal advice. Manas is not a law firm.
More in the library:
- POSH Internal Committee FAQ: questions committee members ask
- Section 21 of the POSH Act: the committee’s annual report
- Section 22 of the POSH Act: POSH cases in the employer’s annual report
- POSH Rules, 2013: what the annual report must contain (Rule 14)
- Section 4 of the POSH Act: who sits on the Internal Committee
- POSH glossary: key terms of the POSH Act and Rules
Want a second pair of eyes on your committee?
Run the free check, or talk to Manu Anirudh Sharma, who handles POSH enquiries at Manas.
Manu Anirudh Sharma · +91 95843 22224 · manu@manas365.com
