The POSH Act, 2013

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

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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.

Long title and section 1
ACT NO. 14 OF 2013 [22nd April, 2013]
An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
1. Short title, extent and commencement.—(1) This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 9th December, 2013, vide notification No. S.O. 3606(E), dated 9th December, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Source: India Code PDF ↗, page 3
In plain words

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?

The 8 chapters of the Act, as titled on India Code.
Chapter IPreliminarySections 1 to 3: title, definitions, prevention
Chapter IIConstitution of Internal Complaints CommitteeSection 4: read our notes on section 4
Chapter IIIConstitution of Local Complaints CommitteeSections 5 to 8
Chapter IVComplaintSections 9 to 11
Chapter VInquiry into complaintSections 12 to 18
Chapter VIDuties of employerSection 19
Chapter VIIDuties and powers of District OfficerSection 20
Chapter VIIIMiscellaneousSections 21 to 30: section 21, section 22, penalties in section 26

Which pages are in this library so far?

For committee members and HR, the Internal Committee FAQ answers 15 questions on running a case.

Employer checklist

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).
The numbers

Which time limits and penalties does the Act set?

Numbers as printed in the Act on India Code, checked 20 October 2026.
ComplaintWithin 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.
InquiryCompleted within 90 daysSection 11(4)
Inquiry reportWithin 10 days of finishing the inquirySection 13(1)
Employer actsWithin 60 days of the recommendationSection 13(4)
AppealWithin 90 days of the recommendationsSection 18(2)
Leave during inquiryUp to 3 months, on her written requestSection 12(1)(b)
Committee termUp to 3 yearsSection 4(3)
Women on the committeeAt least one-halfSection 4(2), proviso
Local CommitteeFor places with fewer than 10 workersSection 6(1); section 4(1) itself sets no headcount.
PenaltyFine of up to ₹50,000Section 26(1)
Repeat offenceTwice the punishment, and loss of licence or registrationSection 26(2)
Court rulings

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 ↗)

Questions

What do people ask about the POSH Act?

What does POSH stand for?
POSH is the short name for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Act does not use the abbreviation itself. The Supreme Court calls it the “PoSH Act” in its 2023 judgment in Aureliano Fernandes.
When did the POSH Act come into force?
On 9 December 2013, by notification S.O. 3606(E). Parliament passed it as Act No. 14 of 2013, dated 22 April 2013. The POSH Rules, 2013 were notified the same day, 9 December 2013, as G.S.R. 769(E).
Does the POSH Act apply to private companies?
Yes. Section 2(o)(ii) defines workplace to include “any private sector organisation or a private venture” and many other bodies, such as trusts, societies and NGOs.
Is there a minimum number of employees?
Section 4(1) sets no headcount: it applies to “every employer of a workplace”. The number ten comes from section 6(1). The district’s Local Committee takes complaints from places that have no Internal Committee because they have fewer than ten workers.
What is the penalty for breaking the POSH Act?
A fine of up to ₹50,000 for an employer who fails to set up an Internal Committee, to act under sections 13, 14 and 22, or to follow the Act and Rules (section 26(1)). A repeat conviction can bring twice the punishment and the loss of a licence or registration (section 26(2)).
How Manas helps

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.

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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POSH enquiries

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Manu Anirudh Sharma · +91 95843 22224 · manu@manas365.com