POSH Act, 2013 · Section 4

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

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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)).

Section 4
4. Constitution of Internal Complaints Committee.— (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:
Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.
(2) The Internal Committees shall consist of the following members to be nominated by the employer, namely: —
(a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:
Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section(1):
Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;
(b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
(c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:
Provided that at least one-half of the total Members so nominated shall be women.
(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.
(5) Where the Presiding Officer or any Member of the Internal Committee, —
(a) contravenes the provisions of section 16; or
(b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
(c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
(d) has so abused his position as to render his continuance in office prejudicial to the public interest,
such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.
Source: India Code PDF ↗, pages 5 and 6
Rule 3 (the external member’s allowance under section 4(4))
3. Fees or allowances for Member of Internal Committee.- (1) The Member appointed from amongst non-government organisations shall be entitled to an allowance of two hundred rupees per day for holding the proceedings of the Internal Committee and also the reimbursement of travel cost incurred in travelling by train in three tier air condition or air conditioned bus and auto rickshaw or taxi, or the actual amount spent by him on travel, whichever is less.
The employer shall be responsible for the payment of allowances referred to in sub-rule (1).
Source: Gazette of India, G.S.R. 769(E) ↗, Gazette page 4 (PDF page 18)
In plain words

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.

Employer checklist

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)).
The numbers

Which numbers does section 4 set?

From section 4 of the Act and Rule 3 of the 2013 Rules, checked 20 October 2026.
Committees1 at each office or unit in a different placeProviso to section 4(1)
Smallest committee4 people: 1 Presiding Officer, 2 employees, 1 external memberFollows from section 4(2)(a) to (c)
Employee membersAt least 2Section 4(2)(b)
External members1Section 4(2)(c)
WomenAt least one-half of the membersProviso to section 4(2)
TermUp 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 removal4Section 4(5)(a) to (d)
Complaint to the committeeWithin 3 months of the incidentSection 9(1); extendable by up to 3 months
Inquiry by the committeeWithin 90 daysSection 11(4)
Report of findingsWithin 10 days of the inquirySection 13(1)
Court rulings

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 ↗)

Questions

Which questions do employers ask about section 4?

Can a man be the Presiding Officer?
No. Section 4(2)(a) requires “a woman employed at a senior level”. The Supreme Court’s order of 13 August 2024 records the submission that a committee headed by a male member is impermissible.
What if we have no senior woman employee?
Nominate the Presiding Officer from another office or unit of the workplace. If none has one, nominate from another workplace of the same employer, or another department or organisation (provisos to section 4(2)(a)).
Who can be the external member?
A member of an NGO or association committed to the cause of women, or a person familiar with the issues relating to sexual harassment (section 4(2)(c)). The Rules describe such a person only for the Local Committee (Rule 4, read with section 7).
How long can a committee member serve?
Up to three years from nomination, for the period the employer specifies (section 4(3)). Renew or reconstitute before the term ends.
Do we need a separate committee for each branch?
Yes, where offices or administrative units are in different places. The proviso to section 4(1) says the committee shall be constituted at all administrative units or offices.
How Manas helps

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.

Sources

Where does this page come from?

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.

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