The POSH Act gives the Internal Committee a series of deadlines that run from the day a complaint is received. Miss one and the inquiry can be challenged, the person who complained loses faith in the process, and the employer is exposed. Here they are in order.
- The complaint: within 3 months of the incident, or of the last incident in a series. The Committee can extend this by up to 3 more months, with the reasons recorded in writing (section 9).
- Conciliation, only if the complainant asks for it: before the inquiry starts. Money can't be part of the settlement (section 10).
- A copy to the respondent: within 7 working days of receiving the complaint (POSH Rules).
- The respondent's reply: within 10 working days of receiving that copy (POSH Rules).
- The inquiry: finished within 90 days (section 11).
- The report: to the employer within 10 days of the inquiry finishing, and made available to both parties (section 13).
- Employer action: within 60 days of receiving the report (section 13).
- An appeal: within 90 days of the recommendations (section 18).
Who sits on the Committee
A Presiding Officer who is a senior woman employee, at least two employees committed to the cause of women or with legal knowledge or social work experience, and one external member from an NGO or someone familiar with sexual harassment issues. At least half the members must be women, and members serve up to three years (section 4).
The things that trip Committees up
- The clock starts when the complaint is received, not when the Committee first meets.
- Hearings need a quorum of at least three members, including the Presiding Officer (POSH Rules).
- Interim relief, such as a transfer or up to three months' leave, can be granted during the inquiry if the complainant asks in writing (section 12).
- Confidentiality is a legal duty, and breaking it carries a penalty (sections 16 and 17).
Once a year
The Committee prepares an annual report for the employer and the District Officer: complaints received and disposed of, cases pending for more than 90 days, workshops held, and action taken (section 21 and Rule 14).
How SpeakUpSafe helps
Every deadline above is a clock on the case, with reminders at 50% and 80% of the time. There's a quorum check before each hearing, a Committee register that checks composition and terms, and an annual report built from the cases themselves. The Committee still decides. The product makes sure nobody forgets a date.
This is a summary for Committee members, not legal advice.