Section 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 10 lets the committee try to settle the matter between the aggrieved woman and the respondent, but only if she asks for it and only before an inquiry begins. It bars a monetary settlement as the basis of conciliation, requires the settlement to be recorded and given to both sides, and ends the inquiry if a settlement is reached. For advice on whether conciliation suits a given case, see our legal dispute resolution service.
The Internal Committee or the Local Committee may, at the request of the aggrieved woman and before initiating an inquiry under section 11, take steps to settle the matter through conciliation. No monetary settlement may be made as a basis of conciliation. A settlement must be recorded and forwarded to the employer or the District Officer; copies go to both parties; and no further inquiry follows. If a term is not complied with, the first proviso to section 11(1) brings the inquiry back.
Source and names
We follow the consolidated text of the Act consulted (it shows one amendment, Act 23 of 2016, with effect from 6 May 2016); later amendments and notifications should be checked. The 2016 change of name of the committees is shown in the footnotes, and this article says "Internal Committee" and "Local Committee". Section 11 on the inquiry has its own post: Inquiry Process Under POSH Act, Section 11.
Sub-section (1): when and at whose request
"The Internal Committee or, as the case may be, the Local Committee, may, before initiating an inquiry under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation."
Three conditions are packed into the sentence.
- It is optional. The word is "may", so the committee is not bound to attempt conciliation every time.
- It needs the aggrieved woman's request. The respondent cannot ask for it, and the committee cannot start it on its own. The text refers only to "the request of the aggrieved woman".
- It is before the inquiry. Conciliation must be tried "before initiating an inquiry under section 11". Once the inquiry has begun, the text of section 10 gives no conciliation step.
The proviso adds: "no monetary settlement shall be made as a basis of conciliation." So a payment of money by the respondent cannot be the basis on which the matter is settled. The Act does not list what a settlement may contain; the text says only what it may not rest on, and that the committee records the settlement and forwards it "to take action as specified in the recommendation".
Sub-section (2): recording and forwarding
"Where settlement has been arrived at under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in the recommendation."
- The committee must record it. "Shall" leaves no discretion.
- Where it goes. To the employer (for an Internal Committee) or the District Officer (for a Local Committee).
- What the employer or District Officer does. Takes action as specified in the recommendation. The text does not say what the recommendation may contain or how the action is to be reported.
Sub-section (3): copies to both sides
The committee "shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved woman and the respondent". Each side therefore holds a copy of the same record.
Sub-section (4): no further inquiry
"Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be." This is the legal effect of a settlement: the matter is closed at the committee level unless the first proviso to section 11(1) applies.
If the settlement is not honoured
The first proviso to section 11(1) provides that where the aggrieved woman informs the committee that any term or condition of the settlement "arrived at under sub-section (2) of section 10" has not been complied with by the respondent, the committee "shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police". (The proviso speaks of a settlement "arrived at under sub-section (2)", while the settlement is arrived at under sub-section (1) and recorded under sub-section (2); read the two together.) The reference to the police in section 11(1) goes with its mention of section 509 of the Indian Penal Code (45 of 1860). Check the current penal law for the corresponding provision.
Note who gives the information: it is the aggrieved woman. The proviso does not give the same trigger to the employer.
| Stage | Who | Action |
|---|---|---|
| Request | Aggrieved woman | Asks the committee to attempt conciliation before inquiry |
| Conciliation | Committee | Takes steps to settle; no monetary settlement as a basis |
| Recording | Committee | Records the settlement; forwards to employer or District Officer |
| Copies | Committee | Gives copies to the aggrieved woman and the respondent |
| Closure | Committee | No further inquiry |
| Breach | Aggrieved woman informs the committee | Inquiry, or complaint forwarded to the police (section 11(1), first proviso) |
What section 10 does not say
The Act does not prescribe a form of settlement, a period within which conciliation must finish, who conducts the talks, or what follow-up action the employer must report. No rule in the Rules copy consulted fills these points, and we do not supply any. For a general view of the difference between conciliation, litigation and other methods, see our comparison of arbitration, litigation and mediation.
An example
Prerna has complained to the Internal Committee about repeated remarks by a colleague, Tarun. Before any inquiry starts, she tells the Presiding Officer that she would like the matter settled by conciliation, on the basis that the remarks stop and the two are moved to separate teams. The committee takes steps to settle, records the settlement, forwards it to the employer to act as specified, and gives copies to both. No inquiry follows. Some weeks later the remarks resume; Prerna informs the committee in writing, and the committee proceeds to an inquiry under section 11. If, instead, Tarun had offered a sum of money as the basis of settlement, the proviso would bar it as a basis of conciliation.
Need help with conciliation or the inquiry that follows?
A settlement that is badly recorded can reopen the very dispute it was meant to close. Our legal dispute resolution team can help you prepare the request, review the terms of a proposed settlement and advise on the next step if a term is not honoured.
Key takeaways
- Conciliation is possible only at the aggrieved woman's request and before an inquiry under section 11.
- No monetary settlement may be made as a basis of conciliation.
- The committee must record the settlement, forward it to the employer or District Officer, and give copies to both parties.
- Once a settlement is reached, no further inquiry is conducted.
- If the respondent does not comply with a term, the aggrieved woman may inform the committee, and the first proviso to section 11(1) provides for inquiry or forwarding to the police.
Read next
- Section 9 of the POSH Act, 2013: complaint and time limit
- Section 12 of the POSH Act, 2013: action during pendency of inquiry
- Section 13 of the POSH Act, 2013: inquiry report and action by employer
- Inquiry Process Under POSH Act, Section 11
Disclaimer: Based on a consolidated text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 showing one amendment (Act 23 of 2016, 6 May 2016) and on a copy of the Rules of 2013 as notified on 9 December 2013, as consulted on 2 October 2026. Later amendments, State rules and notifications, and the position under the Labour Codes in force from 21 November 2025 should be checked. This article is general information, not legal advice; check the official text before acting.