Section 13 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 13 governs what happens at the end of an inquiry. The committee gives its report within ten days, recommends either that no action is needed or that action be taken, and the employer or the District Officer must act on the recommendation within sixty days. If the allegation is proved, the recommendation can include action as misconduct and a deduction from the respondent's salary or wages. For advice on acting on a report, see our employment and labour law advisory service.
The committee provides its report to the employer, or the District Officer, within ten days of completing the inquiry, and the report is made available to the parties. If the allegation is not proved, it recommends no action. If it is proved, it recommends action as misconduct under the service rules (or as prescribed, Rule 9) and a deduction from salary or wages for the aggrieved woman under section 15. The employer or District Officer must act within sixty days of receipt.
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; we say "Internal Committee" and "Local Committee". The copy prints a few slips in this section, which we flag below. The inquiry itself is covered in Inquiry Process Under POSH Act, Section 11. The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Sub-section (1): the report within ten days
"On the completion of an inquiry under this Act, the Internal Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties."
- Who reports: the committee.
- To whom: the employer (Internal Committee) or the District Officer (Local Committee).
- When: within ten days from the date of completion of the inquiry.
- Who sees it: the concerned parties. The sub-section says the report "be made available" to them.
The inquiry itself is to be completed within ninety days under section 11(4); the ten days run after that.
Sub-section (2): allegation not proved
"Where the Internal Committee or the Local Committee ... arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter." The copy prints "the employer and the District Officer" here, while sub-sections (1), (3) and (4) say "or". This is a drafting inconsistency in the copy, which we flag and do not correct; the other sub-sections point to the employer in the case of an Internal Committee and the District Officer in the case of a Local Committee. A finding that the allegation "has not been proved" is different from a finding of malice; for the separate rule on false or malicious complaints, see our article on section 14.
Sub-section (3): allegation proved
Where the committee concludes that the allegation "has been proved", it shall recommend to the employer or the District Officer:
| Clause | Recommendation |
|---|---|
| (i) | To take action for sexual harassment as a misconduct in accordance with the service rules applicable to the respondent, or where no such service rules have been made, in such manner as may be prescribed |
| (ii) | To deduct, notwithstanding anything in the service rules, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with section 15 |
Clause (i) and Rule 9
Clause (i) first points to the service rules. Only "where no such service rules have been made" does the prescribed manner apply. Rule 9 of the Rules fills this: where service rules do not exist, the committee recommends action which may include a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service, or undergoing a counselling session or carrying out community service. See our article on Rule 9.
Clause (ii) and section 15
The sum is for the aggrieved woman or her legal heirs, and the committee determines it "in accordance with the provisions of section 15". Section 15 lists the factors; see section 15. The deduction is "notwithstanding anything in the service rules", so the service rules do not stand in the way of this deduction.
The two provisos
- Employer unable to deduct. If the employer is unable to make the deduction "due to his being absent from duty or cessation of employment", it may direct the respondent to pay the sum to the aggrieved woman. (The copy prints "Provide that" for "Provided that"; a printing slip.)
- Respondent fails to pay. If the respondent fails to pay the sum, the committee "may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer".
Sub-section (4): sixty days
"The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him." The period starts on receipt of the recommendation and applies to the employer under an Internal Committee and to the District Officer under a Local Committee. Failure to take action is among the failures dealt with in section 26(1)(b), which refers to action under sections 13, 14 and 22; see our article on section 26.
Appeal
A person aggrieved by the recommendations under section 13(2) or 13(3)(i) or (ii), or by their non-implementation, may appeal under section 18 within ninety days of the recommendations. See our article on section 18.
An example
An Internal Committee at a logistics company completes an inquiry on 10 June and concludes that the allegation against the respondent, Mohan, has been proved. It sends its report to the employer by 20 June (within ten days) and makes it available to both parties. The company has service rules; so clause (i) points to those rules for the action to be taken as misconduct. The committee also recommends a deduction from Mohan's salary, having regard to section 15. The employer must act on the recommendation within sixty days of receiving it. If Mohan has left the company by then, the employer may direct him to pay the sum instead, and if he does not, the committee may forward the order for recovery as an arrear of land revenue to the District Officer.
Need help with acting on an inquiry report?
The ten-day and sixty-day periods leave little room for delay. Our employment and labour law advisory team can help you read the report, align the action with your service rules and document the steps taken.
Key takeaways
- The committee's report goes to the employer or District Officer within ten days of completing the inquiry, and is made available to the parties.
- If the allegation is not proved, the committee recommends no action.
- If proved, it recommends action as misconduct (service rules, or Rule 9 where none) and a salary deduction under section 15.
- Unpaid sums can be forwarded for recovery as an arrear of land revenue.
- The employer or District Officer must act within sixty days of receipt.
Read next
- Section 12 of the POSH Act, 2013: action during pendency of inquiry
- Section 14 of the POSH Act, 2013: false or malicious complaint and false evidence
- Section 15 of the POSH Act, 2013: determination of compensation
- Rule 9 of the POSH Rules, 2013: manner of taking action
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.