Internal Complaints Committee Constitution (India)

Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, every employer who employs 10 or more persons at a workplace is mandatorily required to constitute an Internal Complaints Committee (ICC) at each office, branch, or unit of the establishment. The obligation is not optional — failure to constitute an ICC is a criminal offence under Section 26 of the Act, punishable with a fine of up to ₹50,000 for the first offence, and double the penalty plus possible cancellation of the employer's licence or registration for subsequent offences. The ICC must comprise the following members: first, a Presiding Officer who must be a woman employed at a senior level in the organisation at the relevant workplace. If no such senior woman employee is available at the particular workplace, the Act permits the Presiding Officer to be nominated from another office or administrative unit of the employer. Second, not less than two members from among the employees, preferably committed to the cause of women or with experience in social work or legal knowledge. Third, one external member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment. At least one-half of the total members of the ICC must be women. The tenure of the Presiding Officer and every member of the ICC shall not exceed three years from the date of their nomination. The employer may re-nominate members for additional terms.

The Internal Complaints Committee constituted under the POSH Act 2013 has quasi-judicial powers for the purpose of conducting inquiries into sexual harassment complaints. Under Section 11 of the Act, the ICC has the same powers as a Civil Court under the Code of Civil Procedure 1908 in respect of: summoning and enforcing the attendance of any person and examining them on oath; requiring the discovery and production of documents; and any other matter which may be prescribed. The inquiry procedure is governed by Sections 7 to 13 of the Act and the Rules framed thereunder. The ICC must commence the inquiry within seven days of receiving a complaint, send a copy to the respondent within seven working days, and allow the respondent 10 working days to submit a written reply. Both parties are entitled to be heard, to examine their own witnesses, and to cross-examine the other party's witnesses. The ICC must follow the principles of natural justice throughout. The ICC has the power to recommend interim measures to the employer during the pendency of the inquiry, including the transfer of the aggrieved woman or the respondent to a different workplace, granting leave to the aggrieved woman, or restraining the respondent from reporting on the performance of the aggrieved woman. The inquiry must be completed within 90 days. The ICC then submits its findings report to the employer and the parties within 10 days of completing the inquiry.

Section 21 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 requires the ICC to prepare an annual report at the end of each calendar year and submit it to the employer and to the District Officer appointed under the Act. The annual report must include: the number of complaints of sexual harassment received during the year; the number of complaints disposed of; the number of cases pending for more than 90 days; the number of workshops or awareness programmes conducted; and the nature of action taken by the employer on the ICC's recommendations. The employer is separately required under Section 22 to include in their annual report (where applicable) the number of cases filed under the POSH Act and their disposal. Listed companies must disclose POSH compliance in their annual report filed with the stock exchange under SEBI's Listing Obligations and Disclosure Requirements (LODR) Regulations. Beyond the annual report, the employer is required to organise at least one awareness and sensitisation workshop or programme per year for employees and ICC members. ICC members themselves must be provided with orientation programmes, capacity building, and skill development training. The District Officer has the power to inspect workplace records, including ICC constitution orders, inquiry reports, and annual reports, and to take action against non-compliant employers.

A Internal Complaints Committee Constitution (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of India and the High Courts have jurisdiction over disputes arising from this type of document. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.

A Internal Complaints Committee Constitution (India) does not legally require a lawyer in India, though legal advice is recommended. Under India law, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements.