How to Form an Internal Committee Under the POSH Act — A Kerala Guide

Every organisation in Kerala with 10 or more employees must form an Internal Committee under Section 4 of the POSH Act, 2013. Here is exactly how to do it correctly.

Step 1 — Confirm You Need an IC

10 or more employees = IC is mandatory. Count all employees — permanent, temporary, contractual, daily wage, interns, trainees, and persons employed through contractors. If the total is 10 or more, you must form an IC.

Multiple locations = multiple ICs. Section 4 requires an IC at each office or administrative unit where employees work. A head office IC does not cover branch offices or project sites

Step 2 — Select the Right Members

The IC must have at minimum 4 members:

Presiding Officer A woman employed at a senior level at the workplace. "Senior level" means a supervisory or managerial position — not necessarily the most senior person. If no senior woman is available at the specific location, a senior woman from another office of the same organisation may be nominated.

Employee Members (Minimum 2) Members from among the employees. The Act says these should preferably be persons committed to the cause of women, with experience in social work, or with legal knowledge. At least one should be a woman.

External Member (1) One member from an NGO or association committed to the cause of women — as per Section 4(2)(c) of the bare Act. This person must be genuinely independent of the employer — not a vendor, lawyer regularly advising the company, or anyone personally connected to management.

Composition check: At least 50% of all IC members must be women.

Step 3 — Issue the Written Appointment Order

The IC is constituted by a written order from the employer. Verbal appointments are not valid.

The order must include:

• Organisation name

• Names and designations of all members

• Their roles (Presiding Officer / Member / External Member)

• Date of appointment

• Term end date — 3 years from date of appointment

• Employer's signature

Template language:

"In exercise of the powers conferred under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, [Organisation Name] hereby constitutes the Internal Committee with effect from [Date]. The Committee shall function for a term of three years ending on [Date]. Members: [Names and Designations]."

Step 4 — Display the IC Constitution

Display at a conspicuous location at the workplace:

• Names and contact details of all IC members

• Information about what constitutes sexual harassment

• Consequences for committing sexual harassment

Step 5 — Register on Kerala POSH Portal and SHe-Box

Register your IC details on:

• Kerala POSH Portal — posh.wcd.kerala.gov.in (WCD Kerala direction)

• SHe-Box — shebox.wcd.gov.in (Central Government portal)

Step 6 — Train Your IC

This is the step most organisations skip. It is the most important step.

An IC constituted on paper but never trained is a legal liability. The Kerala High Court has confirmed in 2026 that procedural errors by untrained ICs can result in entire inquiry proceedings being set aside.

IC training must cover:

• Preliminary jurisdiction assessment before proceeding with a complaint

• Complaint acknowledgment and timelines

• Principles of natural justice — right to be heard, rule against bias

• The 90-day inquiry timeline under Section 11(4)

• Serving complaint copy on respondent within 7 working days — Rule 7

• Inquiry documentation

• Annual Report preparation under Section 21

Step 7 — Set a Reconstitution Reminder

Each member's term is 3 years. After 3 years, issue a fresh appointment order — even if the same members continue. Set a calendar reminder 60 days before the term end date.

FIO Foundation assists Kerala organisations with IC formation, external member services, IC training, and Annual Report compliance. 6,000+ trained across all 14 districts.

📞 +91 99617 71711 | fiofoundation.org | WhatsApp: "IC Formation"