POSH Act, 2013: Internal Committee, Timelines and MCQs

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 as departmental exams ask it — who sits on the Internal Committee, every statutory timeline, and how it relates to Conduct Rule 3-C.

Author: ProSyllabus Admin

Updated : 12 hours ago

Categories: India Post, Departmental Exams, Acts & Rules
Tags: posh act 2013, posh act mcq, internal committee posh, sexual harassment at workplace act, posh act timelines, conduct rule 3-c
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Its full short title is the <strong>Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013</strong>, and getting that title complete is itself an exam point — a question we had drafted for our own bank was dropped at audit precisely because it abbreviated the title. The Act is a named Paper-III item in the Inspector Posts LDCE syllabus and a standing item in central-government departmental exams.

Almost every question on it is one of two kinds: who sits on the committee, or what the deadline is. Both are closed lists.

The Internal Committee — section 4

Composition

  • A Presiding Officer who shall be a woman employed at a senior level at the workplace.
  • Not less than two members from amongst employees, preferably committed to the cause of women, or having experience in social work or legal knowledge.
  • 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.
  • So the minimum is four members, one of whom is external.
  • At least half of the total members so nominated shall be women.
  • The term of office is not exceeding three years.

The external member is the requirement most often left out of a wrong answer option, and "not less than half shall be women" is the requirement most often misquoted as "all".

Internal Committee vs Local Committee

  • The Internal Committee is constituted by the employer at the workplace, under section 4. Every workplace employing ten or more workers must have one.
  • The Local Committee is constituted by the District Officer, under section 6, for establishments with fewer than ten workers and for complaints against the employer himself.
  • A complaint against the employer has nowhere internal to go, which is exactly why the Local Committee exists.

Every timeline in one table

StagePeriodProvision
Filing a complaintWithin 3 months of the incident, or of the last incident in a seriesSection 9
Extension of the filing periodA further 3 months, if the Committee is satisfied that circumstances prevented filing in timeSection 9
Notice of the complaint to the respondentWithin 7 working daysPOSH Rules
Completion of the inquiryWithin 90 daysSection 11
Inquiry report to the employer or District OfficerWithin 10 days of completion of the inquirySection 13
Action on the recommendationsWithin 60 days of receiving the reportSection 13
Appeal against the recommendation or its non-implementationWithin 90 daysSection 18

Conciliation — section 10, and its one hard limit

  • Before initiating an inquiry, the Committee may, at the request of the aggrieved woman, take steps to settle the matter by conciliation.
  • It cannot be started on the Committee's own initiative, and it cannot be started at the respondent's request.
  • No monetary settlement shall be made as a basis of conciliation.
  • Where a settlement is arrived at, no further inquiry is conducted.

The "no monetary settlement as a basis of conciliation" rule is the single most-asked point on section 10.

Duties, penalties and the annual report

  • The employer must provide a safe working environment, display the penal consequences of sexual harassment and the order constituting the Internal Committee at a conspicuous place, organise awareness workshops and orientation programmes, and provide the Committee with facilities to conduct the inquiry.
  • The Internal Committee must submit an annual report to the employer and the District Officer.
  • Failure by an employer to comply attracts a fine of up to ₹50,000, with higher consequences — including cancellation or non-renewal of a licence or registration — for repeat contraventions.
  • Publishing or making known the identity of the aggrieved woman, the respondent, the witnesses or the inquiry proceedings is itself penalised; the Act requires confidentiality.
  • A false or malicious complaint may be acted against, but the Act is explicit that a mere inability to substantiate a complaint is not by itself a false complaint.

How it sits next to the Conduct Rules

For a Government servant the Act is not the only limb. Rule 3-C of the CCS (Conduct) Rules, 1964 independently forbids any act of sexual harassment of any woman at any workplace, and requires a Government servant in charge of a workplace to take appropriate steps to prevent it. Rule 3-C was inserted in 1998 and amended in November 2014 to align it with this Act. Departmental action then runs through the CCS (CCA) Rules, 1965 — which is why a charge sheet is the document at the end of this chain, and why all three appear on the same syllabus.

LimbWhat it doesWhere it is in the IP LDCE syllabus
Rule 3-C, CCS (Conduct) Rules, 1964Makes the act a breach of conduct rules for a Government servantPaper-I
POSH Act, 2013Creates the statutory machinery — the committees, the inquiry and the timelinesPaper-III
CCS (CCA) Rules, 1965Supplies the penalties and the disciplinary procedurePaper-I (and the Paper-II charge sheet)

Practice questions

Under the POSH Act, 2013, a complaint of sexual harassment must ordinarily be made within:

  1. A. three months of the incident, extendable by a further three months for recorded reasons
  2. B. one month of the incident, with no extension
  3. C. six months of the incident, with no extension
  4. D. one year of the incident, extendable by a year

Answer: three months of the incident, extendable by a further three months for recorded reasons

The limitation is three months from the date of the incident, or from the last incident in a series, and the Committee may extend it by a further three months if satisfied that circumstances prevented a timely complaint. A rigid one-month or six-month period is not what the Act provides.

Under the POSH Act, the Presiding Officer of an Internal Committee must be:

  1. A. a woman employed at a senior level at the workplace
  2. B. the head of the office irrespective of gender
  3. C. an external member nominated from a non-governmental organisation
  4. D. the senior most male officer of the office

Answer: a woman employed at a senior level at the workplace

The Act requires the Presiding Officer to be a woman employed at a senior level at the workplace, with at least half the members being women and at least one member drawn from an external organisation committed to the cause of women. The external member is a member and not the Presiding Officer.

From the ProSyllabus IP LDCE question bank — 15 quizzes, 150 questions, each one passed independently by two auditors.

What is the full name of the POSH Act?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The parenthetical words are part of the short title, and an option that omits them is not the correct answer.

What is the composition of the Internal Committee under the POSH Act?

A Presiding Officer who is a woman employed at a senior level at the workplace; not less than two members from amongst employees, preferably committed to the cause of women or with social-work experience or legal knowledge; and one member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment. At least half the members must be women, and the term is not more than three years.

How many employees trigger the requirement for an Internal Committee?

Ten or more. A workplace with fewer than ten workers, and any complaint against the employer himself, goes to the Local Committee constituted by the District Officer under section 6.

What is the time limit for filing a POSH complaint?

Three months from the date of the incident, or from the date of the last incident in a series. The Committee may extend it by a further three months if satisfied that circumstances prevented the woman from filing within the period.

In how many days must a POSH inquiry be completed?

Ninety days. The report must then be sent to the employer or District Officer within ten days of completing the inquiry, and the employer must act on the recommendations within sixty days of receiving it.

Can a POSH complaint be settled by paying money?

No. Section 10 permits conciliation only at the request of the aggrieved woman, and expressly provides that no monetary settlement shall be made as a basis of conciliation.

Which CCS Conduct Rule deals with sexual harassment?

Rule 3-C of the CCS (Conduct) Rules, 1964 — "Prohibition of sexual harassment of working women" — inserted by G.S.R. No. 49 dated 7 March 1998 and amended by G.S.R. 823(E) dated 19 November 2014.