Section 4 of the POSH Act: who sits on the Internal Committee
Section 4 makes every employer set up an Internal Committee by a written order, at every office or unit in a different place. It has a senior woman employee as Presiding Officer, at least two employee members, and one external member from an NGO or a person familiar with sexual harassment issues. At least half the members must be women, and each term lasts up to three years.
Written by Manas Editorial Team · Last updated · Checked against the official text
What does section 4 say?
Section 4 in full, word for word from India Code. India Code prints the heading as “Internal Complaints Committee”; the Act calls it the Internal Committee (section 2(h)).
What does section 4 mean in plain words?
A written order. The committee exists only when the employer issues an order in writing. Display that order at the workplace (section 19(b)).
One per office. If your offices or units are in different places, each one needs its own committee.
The Presiding Officer. She must be a woman employed at a senior level. If your office has none, nominate one from another office. If no office has one, nominate from another workplace of the same employer, or another department or organisation.
Employee members. At least two. Prefer people committed to the cause of women, or with social work experience or legal knowledge.
The external member. One person from an NGO or association committed to the cause of women, or a person familiar with issues of sexual harassment. The employer pays this member the fees or allowances the Rules set (Rule 3).
Gender balance. At least half of all members must be women. With one Presiding Officer, two employee members and one external member, the smallest committee has four people.
Term and removal. Each member serves up to three years, as the employer specifies. A member must be removed for breaching confidentiality (section 16), a conviction or pending inquiry into an offence, a disciplinary finding or pending proceeding, or abuse of position. Fill the vacancy by fresh nomination.
Terms used here are defined in our POSH glossary.
What must the employer do under section 4?
- Issue a written order constituting the Internal Committee (section 4(1)).
- Set up a committee at each office or administrative unit in a different place (proviso to section 4(1)).
- Nominate a woman employed at a senior level as Presiding Officer (section 4(2)(a)).
- Nominate at least two employee members (section 4(2)(b)).
- Nominate one external member and pay the allowance under Rule 3 (sections 4(2)(c) and 4(4)).
- Check that at least half the members are women (proviso to section 4(2)).
- Note each member’s start date and renew before three years pass (section 4(3)).
- Display the order and declare members’ names and contact details (section 19(b), Rule 13(e)).
Which numbers does section 4 set?
| Committees | 1 at each office or unit in a different placeProviso to section 4(1) |
|---|---|
| Smallest committee | 4 people: 1 Presiding Officer, 2 employees, 1 external memberFollows from section 4(2)(a) to (c) |
| Employee members | At least 2Section 4(2)(b) |
| External members | 1Section 4(2)(c) |
| Women | At least one-half of the membersProviso to section 4(2) |
| Term | Up to 3 years from nominationSection 4(3) |
| External member allowance | ₹200 per day plus travel, the lower of the set fares or actual costRule 3(1) |
| Grounds for removal | 4Section 4(5)(a) to (d) |
| Complaint to the committee | Within 3 months of the incidentSection 9(1); extendable by up to 3 months |
| Inquiry by the committee | Within 90 daysSection 11(4) |
| Report of findings | Within 10 days of the inquirySection 13(1) |
What have the courts said about the Internal Committee?
Vishaka v. State of Rajasthan (1997)
The Supreme Court’s guidelines first set the shape of the committee: “The Complaints Committee should be headed by a woman and not less than half of its member should be women.” It also asked for a third party, “either NGO or other body”. Section 4 carries both ideas into law. (Judgment of 13 August 1997 ↗)
Aureliano Fernandes v. State of Goa (2023)
The Court directed governments to verify that committees exist and that their composition is “strictly in terms of the provisions of the PoSH Act” (paragraph 77(i)). It also directed that committee details and contacts be put on the organisation’s website (paragraph 77(ii)). These directions name government bodies, and in paragraph 77(iii) professional bodies, universities and hospitals. (Judgment of 12 May 2023 ↗)
The Supreme Court’s order of 13 August 2024
In the follow-up hearing, the order records the amicus curiae’s submission that “In some cases, the IC is headed by a male member, which is impermissible under the provisions of the PoSH Act and Rules.” (Record of proceedings, 13 August 2024 ↗)
Which questions do employers ask about section 4?
How does Manas set up a section 4 committee?
We draft the committee order and appointment letters for each office, check the composition against section 4, and track each member’s term. 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 ↗
- Supreme Court record of proceedings, MA Diary No. 22553/2023 in C.A. No. 2482/2014, 13 August 2024 (copy on LiveLaw) ↗
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 Act, 2013 explained
- 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)
- 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
