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 Committee 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.
In plain English
What this section actually means
Section 4 is the bedrock duty of every employer. Sub-section (1) is the obligation: every employer 'shall' — not 'may' — by a written order, constitute an Internal Committee. The Proviso to sub-section (1) requires a separate Internal Committee at every administrative unit or branch — a multi-city company cannot run a single 'central' IC for all locations.
Sub-section (2) sets the composition. The Committee must have at least four members: (a) a Presiding Officer who is a senior-level woman employee at the workplace; (b) at least two members from among the employees, preferably committed to women's causes or with social-work / legal background; and (c) one external member from an NGO / association committed to women's causes or familiar with sexual-harassment issues. At least half the members must be women.
The Provisos to clause (a) handle the practical reality that smaller workplaces may not have a senior woman employee — the employer can then borrow from another administrative unit or another workplace of the same employer (or a different organisation).
Sub-section (3) caps the tenure at three years from the date of nomination, with the employer setting the actual term within that ceiling.
Sub-section (4) ensures the external member is paid prescribed fees — these are paid by the employer.
Sub-section (5) lays down four removal grounds: (a) violation of the Section 16 confidentiality rule; (b) conviction or pending criminal inquiry; (c) being found guilty in or facing disciplinary proceedings; or (d) abusing position prejudicial to public interest. On removal, the vacancy is filled by fresh nomination.
Step by step
How the procedure works
- 1
Identify whether 10+ employees
Employers with 10 or more employees (across regular, contract, trainees, interns) must constitute an Internal Committee. Workplaces below 10 employees fall under the Local Committee at District level under Section 6.
Actor: Employer - 2
Issue written order
Section 4(1) requires an order in writing — typically signed by the head of the unit / CEO. The order must name each member.
Actor: EmployerSection 4(1) - 3
Compose the Committee
Senior-level woman as Presiding Officer + two employee-members + one external NGO member. At least half women.
Actor: EmployerSection 4(2) - 4
Set tenure (max 3 years)
Tenure cannot exceed 3 years. The employer can renew by a fresh nomination order.
Actor: EmployerSection 4(3) - 5
Replicate at every branch
Multi-city / multi-unit organisations must constitute an IC at each administrative unit, not a centralised IC.
Actor: EmployerSection 4(1) Proviso - 6
Display constitution order publicly
Section 19(b) requires the IC composition to be displayed at conspicuous places at the workplace, alongside the penal consequences of harassment.
Actor: EmployerSection 19(b)
Visual
See how it flows
Process
Section 4 — Internal Committee composition
At least four members; at least half women.
Presiding Officer
Senior-level woman employee
Member 1
Employee — women's cause / social work / legal
Member 2
Employee — women's cause / social work / legal
External Member
NGO / sexual-harassment expert
Tenure
Max 3 years (Section 4(3))
Removal grounds
§16 breach / criminal / disciplinary / abuse (§4(5))
Real life
What this looks like in real life
Startup with 12 employees doesn't constitute an IC
Setup. A 12-person tech startup has not constituted an Internal Committee, believing it is too small to need one.
What the law does. Section 4(1) applies — every employer of a workplace with 10+ employees must constitute an IC. Failure attracts a fine up to ₹50,000 under Section 26(1)(a). On repeat default, the licence / registration can be cancelled under Section 26(2).
Manufacturing company with 7 plants — only one 'central IC'
Setup. A pan-India manufacturer with 7 plants in different States runs a single 'central' Internal Committee at the Head Office.
What the law does. Non-compliant. The Proviso to Section 4(1) requires an IC at every administrative unit. The company must constitute 7 separate Internal Committees — one per plant. The Head Office IC has no jurisdiction over a complaint arising at any of the plants.
No senior woman employee available
Setup. A small branch office has no senior-level woman employee. The employer wants to nominate a senior male employee as Presiding Officer.
What the law does. Not permitted. Section 4(2)(a) requires the Presiding Officer to be a woman. If no senior woman is available at that branch, the employer must look at other administrative units (first proviso) or other workplaces / departments / organisations (second proviso) — but not a male Presiding Officer.
Cross-references
Read this alongside
- POSH Act, 2013§Section 6·Local Committee — covers workplaces with fewer than 10 employees and complaints against the employer himself.
- POSH Act, 2013§Section 19(b)·Employer must display the constitution order of the IC at a conspicuous place.
- POSH Act, 2013§Section 26·Penalty up to ₹50,000 for failure to constitute the IC; cancellation of licence on repeat default.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013§Rule 4·Prescribes the fees / allowances payable to the external NGO member under Section 4(4) — typically ₹200/day plus travel.
Frequently asked
Questions about Section 4
Open this section in the source PDF
Sexual Harassment at Workplace (POSH) Act, 2013.pdf
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