Internal Committee Constitution Form

When Do You Need This Form? 

Mandatory Filing Scenarios:

• Reaching employee threshold: When your organization hits 10 or more employees (including full-time, part-time, contractual, or temporary staff).

• Opening new locations: Each office, branch, or administrative unit requires its own ICC constitution.

• Member changes: When ICC members complete their 3-year tenure, resign, or face disqualification due to disciplinary issues.

Form Submission Requirements:

• Format: Internal Document

• Portal/Office: Display at conspicuous workplace locations, company website, and employee handbooks.

• Timeline: Immediately upon reaching 10+ employees or opening new locations.

• Validity: ICC member tenure of maximum 3 years from nomination date.

HR Tip:

Multi-location businesses often overlook the requirement for separate ICCs at each workplace. Don’t let administrative units slip through compliance cracks!

What Happens If You Skip This: Non-Compliance Penalties

Understanding the financial and legal risks of not having a properly constituted ICC helps prioritize this compliance requirement.

Primary Violations and Fines

• Failure to constitute ICC (Section 26): Fine up to ₹50,000 for not forming an ICC or failing to comply with any POSH Act provisions including proper committee composition and procedures.

• Repeated violations: Fine doubled to ₹1,00,000 for subsequent offenses, plus potential cancellation or revocation of business license, registration, or approval to conduct business.

• Breach of confidentiality (Section 16): Fine of ₹5,000 or disciplinary action against any person disclosing complaint details, identities of parties, or inquiry proceedings without authorization.

Additional Compliance Penalties

• Non-implementation of ICC recommendations: Employer becomes liable for penalties when failing to act on ICC recommendations within prescribed 60-day timeline; appeals can be filed within 90 days under Section 18.

• Repeating Corporate Violations (2025 MCA Notification): Non-disclosure of POSH compliance details in company annual reports may attract penalties under Companies Act, 2013, including fines and potential legal action.

• Malicious compliant handling: If ICC finds complaints to be malicious or false after proper inquiry, disciplinary action may be recommended against complainant; however, mere inability to substantiate complaints doesn’t constitute malice.

Broader Consequences

• Business impact: Reputational damage, legal scrutiny during audits, potential deregistration for repeated non-compliance, and increased regulatory oversight.

• Operational risks: Employee lawsuits, workplace safety violations, and potential loss of business licenses in severe cases of non-compliance.

HR Tip:

The penalties may seem manageable, but the reputational damage and legal complications from non-compliance often cost organizations far more than the fines themselves.

Internal Committee Constitution Form Template Structure

Recent Updates and Changes

Latest Amendment

Date: February 2, 2024 – Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Act, 2024 introduced in Rajya Sabha.

Changes made: This amendment extends the complaint filing timeline from 3 months to 1 year from the incident date, with provisions for further extensions with recorded reasons.

Previous Version

Date: June 2025 – Ministry of Corporate Affairs (MCA) notification effective July 14, 2025

Changes made: This mandates companies to include comprehensive POSH Act compliance details in annual filings. This includes ICC constitution status, complaint statistics (filed/resolved/pending), actions taken, and awareness programs conducted.

Next Expected Update

Final parliamentary approval of the 2024 amendment bill, which would significantly impact complaint handling timelines and extend the current 3-month limit.

Digital Platform Enhancement

Strengthened emphasis on She-Box portal (launched July 24, 2017) for online complaint filing and monitoring, with enhanced features for complaint tracking and ICC updates.

HR Tip:

Always verify you’re using the latest form version and current legal requirements before submission, especially regarding complaint filing deadlines.

Step-by-Step Form Filing Guide

Before Filing the Form

• Identify Presiding Officer: Locate a senior-level female employee to serve as Presiding Officer or arrange nomination from another unit if unavailable.

• Select employee members: Choose at least 2 employees, preferably with legal knowledge, social work experience, or commitment to women’s causes.

• Engage external member: Connect with an NGO or association familiar with sexual harassment issues to ensure transparency and impartiality.

Filing Instructions

• Organization details section: Complete all contact fields accurately as these become public-facing information. Ensure the contact person is accessible and trained in POSH procedures. Double-check email addresses since they’ll receive formal complaints.

• ICC composition section: Maintain minimum 50% women representation across all members. Include complete and current contact details for each member. Verify external member’s qualifications and obtain written consent before listing.

HR Tip:

External members must be compensated minimum ₹200 per day plus travel expenses as per Rule 3 of POSH Rules, 2013. Factor this into your compliance budget planning.

Form Validation Checklist

Common Form Filing Errors

Inadequate ICC Composition

• Error: Appointing fewer than required members, missing external member, or failing to ensure 50% women representation.

• Fix: Ensure minimum 4 members (1 Presiding Officer + 2 employees + 1 external member) with proper gender balance as mandated by Section 4.

Improper Presiding Officer Selection

• Error: Choosing a male employee, junior-level staff, or someone without senior status as Presiding Officer.

• Fix: Select senior female employee; if unavailable, follow proper nomination hierarchy from other organizational units or workplaces.

Missing Display and Publicity Requirements

• Error: Completing the form but failing to display ICC details at conspicuous locations or update company communications.

• Fix: Post at multiple visible locations, update website prominently, include in employee handbooks, and ensure accessibility.

External Member Documentation Gaps

• Error: Not obtaining proper consent from external members or failing to document their qualifications and NGO affiliation.

• Fix: Secure written consent, verify NGO credentials, and maintain documentation of their expertise in sexual harassment issues.

Tenure and Renewal Oversight

• Error: Allowing members to serve beyond 3-year maximum tenure without renewal or replacement procedures.

• Fix: Implement tracking system for member tenure with automated reminders for renewals and replacements.

Audit Requirements: Documentation and Guidelines

Documents to Maintain:

• Original completed form with official seal and signature.
• Written ICC formation notification from CEO/Board with official letterhead.
• Member consent letters, especially from external members with qualification proof.
• Evidence of public display (photographs of posted notices with timestamps).
• Training records for ICC members on POSH Act procedures.

Retention Period: 5 years from inquiry completion date to monitor potential victimization as per OM No. 11013/7/2016-Estt.A-III, dated 22.12.2016.

Pro Tip:

Maintain both physical records and secure digital backups with access controls. ICC documentation often becomes crucial evidence during legal proceedings, compliance audits, or regulatory inspections.

How Keka Simplifies POSH Compliance Management?

Managing POSH compliance is often more about coordination and follow-ups and less about just the admin workload. From setting up the Internal Complaints Committee (ICC) to running awareness sessions and filing annual reports, the process can become overwhelming if handled manually.

Keka’s Compliance Module brings everything from automation, visibility, compliance requirements, to peace of mind all under one roof. Here’s how Keka simplifies your compliance management:

Automated Form Generation

Manual form filing is where the majority of the mistakes happen. With Keka:

• Pre-built templates: ICC Constitution forms are ready to use, with legal validation checks built in.

• Smart data integration: Employee details flow directly from your HRMS, so you don’t have to type the same information twice.

• Automatic compliance checks: The system ensures your ICC composition, tenure, and other regulatory requirements are always met.

Employee Communication Tools

POSH compliance is about making the policies and procedures visible and understood. Keka helps with:

• Digital display management: Automatically publish ICC details across intranet, notice boards, and employee portals.

• Training integration: Run POSH awareness programs with progress tracking and certificate management.

• Confidential reporting: Employees can file complaints securely with clear workflows and privacy safeguards.

Document Management

With Keka, you don’t have to dig through old files or folders during inspections. It offers:

• Encrypted digital storage: All POSH documents stored securely with role-based access.

• Audit trails: Every amendment, submission, or member change is tracked and timestamped.

• Deadline reminders: Automatic alerts for renewals, annual reporting, and compliance milestones.

Compliance Dashboard

Keka offers a single dashboard that assists in:

• Live status tracking: See your POSH compliance status in real time.

• Instant reporting: Generate Section 21 annual reports and MCA disclosures at the click of a button.

• ICC member management: Track member tenure, qualifications, and renewal scheduled automatically.