How to Form a Legally Valid Internal Committee (IC) under POSH

Why the IC is the single most-audited part of POSH

When a Kerala District Officer or a labour-court inspector turns up at your workplace, the first document they ask for is the Internal Committee constitution order. Get this wrong and every other POSH compliance you have done — policy, training, register — collapses, because the IC itself is invalid.

This article walks you through how to constitute a legally valid IC in Kerala, step by step.

Step 1 — Decide whether you need an IC at all

Under Section 4 of the POSH Act, every workplace with 10 or more workers must constitute an IC. "Workers" includes interns, contractual staff, daily wage workers and consultants — not just permanent employees on payroll.

If you operate from multiple offices in Kerala (Kochi HQ + Trivandrum branch + Kozhikode branch), each location with 10+ workers needs its own IC, not just one head-office IC.

Step 2 — Get the composition right

Section 4(2) of the Act prescribes the composition. Your IC must have:

| Role | Who | Notes | |---|---|---| | Presiding Officer | A senior woman employee | Must be at the level of supervisor or above | | Internal Members (min 2) | Employees committed to women's cause / social work / legal knowledge | Can be of any gender | | External Member | From an NGO or known to issues of sexual harassment | Mandatory — cannot be skipped |

At least 50% of total members must be women. Most Kerala ICs have 4 members (1 Presiding Officer + 2 Internal + 1 External) which keeps the gender ratio safe.

Step 3 — Issue formal appointment orders

Verbal nominations are invalid. For each member:

1. Issue a written Order of Appointment signed by the employer
2. Mention the 3-year term clearly
3. Get the member's written acceptance
4. Maintain originals in the IC file

For the External Member, sign a separate engagement letter mentioning honorarium per inquiry, term, and confidentiality.

Step 4 — Display the IC details

Section 19(b) requires the employer to display:

• Names and contact details of every IC member
• The penal consequences of sexual harassment under the Act
• The contact of the District Officer for the area

Display this in Malayalam and English at every workplace location. A laminated A3 poster in the reception, canteen and HR notice board is the standard.

Step 5 — Train the IC

An untrained IC is a defenceless IC. Section 19(c) makes it the employer's duty to organise capacity-building of IC members. In Kerala, this means:

• Onboarding training for every new IC member within 30 days
• Annual refresher (recommended)
• Empanelled trainer (SHe-Box / WCD recognised) preferred — your Annual Report has a column asking for the trainer's empanelment status

Common mistakes Kerala companies make

1. No External Member — the most common audit failure. Often skipped to save honorarium; makes the IC void.
2. Same IC for all branches — each location with 10+ staff needs its own IC.
3. Expired term — IC reconstitution missed at the 3-year mark; every inquiry conducted after this is challengeable.
4. All-male "internal members" — the 50% women rule gets violated when only the Presiding Officer is a woman.
5. No appointment order for External Member — verbal arrangement is treated as no arrangement.

Sample IC Constitution Order (template)

> Order No. HR/POSH/IC-2026/01 > > In exercise of powers under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the following Internal Committee is hereby constituted at [Company Name], [Location], for a term of three (3) years from [Date] to [Date]: > > 1. [Name], [Designation] — Presiding Officer > 2. [Name], [Designation] — Internal Member > 3. [Name], [Designation] — Internal Member > 4. [Name], [NGO / External] — External Member > > The Committee shall function in accordance with the POSH Act and Rules. > > Authorised Signatory · Date · Seal

Want this done in a day?

Our POSH Bootcamp walks every IC member through Constitution, Inquiry and Reporting with hands-on drills — and you walk out with a fully drafted Constitution Order ready to sign.