Section 4 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 4 tells every employer to constitute an Internal Committee by an order in writing, sets out who must sit on it, fixes the longest term at three years and lists the grounds for removing a member. If you run an office, branch or administrative unit, this is the section your HR and compliance team will use most when setting up the committee. For help with setting it up, see our labour law compliance service.
Every employer of a workplace must, by an order in writing, constitute the Internal Committee. It has a Presiding Officer who is a woman at a senior level, not less than two Members from among employees, and one outside Member from a non-governmental organisation or association committed to the cause of women, or a person familiar with the issues relating to sexual harassment. At least one-half of the Members must be women. The term is not exceeding three years.
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 copy prints the heading of Chapter II and the heading and sub-section (1) of section 4 with the older name "Internal Complaints Committee", while the proviso and the later sub-sections already say "Internal Committee". The 2016 change of name is shown in the footnotes. We use "Internal Committee" (also commonly called ICC) and quote the printed words where needed. Our topic guides on mandatory formation of the Internal Committee and composition requirements cover the same ground in general terms.
Sub-section (1): who must constitute it, and where
"Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the 'Internal Complaints Committee'" (as printed). Two points follow.
- The duty is on the employer. "Employer" is defined in section 2(g); see our article on clauses (a) to (g).
- It must be an order in writing. An informal understanding is not enough on the words of the section.
The proviso adds that where the offices or administrative units of the workplace are located at different places, or at divisional or sub-divisional level, "the Internal Committee shall be constituted at all administrative units or offices". A business with five branches should therefore read the proviso as pointing to a committee at each office or administrative unit, not one committee at head office alone.
Sub-section (2): the composition
The members are "to be nominated by the employer". The table sets out the structure.
| Seat | What the text says |
|---|---|
| (a) Presiding Officer | A woman employed at a senior level at workplace from amongst the employees |
| (b) Members from employees | 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) Outside Member | 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 |
| Women | At least one-half of the total Members so nominated shall be women |
Read together, clauses (a), (b) and (c) give a minimum of a Presiding Officer, two employee Members and one outside Member. The Act sets no upper limit in the text consulted.
If there is no senior woman employee
Two provisos deal with the Presiding Officer.
- If 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).
- If those other offices or units also have no senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation.
The order of the provisos is the order of steps: first the same office, then other offices of the same workplace, then another workplace of the same employer or another department or organisation.
The outside Member
The outside Member is the person who brings a view from outside the company. For the person familiar with the issues relating to sexual harassment, the Rules fill in what the term means only for section 7(1)(c), the Local Committee; see our article on rule 4. The Rules print nothing separate for the same words in section 4(2)(c), so the Act's own words are what govern the Internal Committee. If you are choosing an NGO or association, our post on NGO registration explains what such organisations are in general, though the Act does not require any particular registration.
Sub-section (3): the term
The Presiding Officer and every Member "shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer". So the employer specifies the period in the order, and it cannot exceed three years. The sub-section does not say whether a member may be nominated again.
Sub-section (4): the outside Member's fees or allowances
The Member appointed from 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". Rule 3 of the Rules fills this gap. As notified in 2013, it provides an allowance of two hundred rupees per day for holding the proceedings, plus reimbursement of travel cost (train in three tier air condition, or air conditioned bus and auto rickshaw or taxi, or the actual amount spent, whichever is less). The employer pays. The two hundred rupees is the 2013 figure of the Rules as notified; check the current Rules. See Rules 1-3 and 5.
Sub-section (5): removal
The Presiding Officer or a Member "shall be removed from the Committee" where he or she:
- (a) contravenes the provisions of section 16 (confidentiality);
- (b) has been convicted for an offence, or an inquiry into an offence under any law for the time being in force is pending;
- (c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending (the copy prints "quilty", a printing slip); or
- (d) has so abused his position as to render his continuance in office prejudicial to the public interest.
The vacancy, and any casual vacancy, "shall be filled by fresh nomination in accordance with the provisions of this section". The word "shall" in the text means removal follows when a ground applies. The sub-section words are in the masculine ("against him"); the Act does not say the rule is different for a woman member.
For the confidentiality duty referred to in clause (a), see the section 16 article, confidentiality and penalty.
An example
Sundar Textiles has a head office and two regional offices. Its managing director signs one order constituting a committee for head office only. Reading section 4(1) and its proviso, the order would not cover the regional offices. Each administrative unit needs its own Internal Committee by written order. At one regional office there is no senior woman employee, so the Presiding Officer is nominated from the other office, as the first proviso to sub-section (2)(a) directs. The order records the term, which cannot go past three years from nomination.
Need help with setting up your Internal Committee?
Drafting the written order, choosing the outside Member, and mapping every office or unit takes some care. Our labour law compliance team can prepare the order, check composition against the Act and brief your committee on its role.
Key takeaways
- The employer must constitute the Internal Committee by an order in writing, at all administrative units or offices where there are several.
- Minimum make-up: Presiding Officer (senior woman), not less than two employee Members and one outside Member; at least one-half must be women.
- The term is set by the employer and cannot exceed three years.
- The outside Member is paid by the employer; under Rule 3 (2013 figures) the allowance is two hundred rupees per day plus travel reimbursement.
- Removal is required on the grounds in sub-section (5), and the vacancy is filled by fresh nomination.
Read next
- Section 6 of the POSH Act, 2013: Local Committee constitution and jurisdiction
- Section 9 of the POSH Act, 2013: complaint and time limit
- Section 19 of the POSH Act, 2013: duties of the employer
- Internal Complaints Committee (ICC): Mandatory Formation
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.