Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

POSH Act Complaint and Inquiry Procedure Explained

Updated 11 October 2026 · Fact-checked

Under the POSH Act, 2013, an aggrieved woman files a written complaint with the Internal Committee (or Local Committee) within three months of the incident, extendable by up to three more months. The committee may conciliate, then inquire within ninety days, and report to the employer within ten days of completing the inquiry.

Understand Complaint and Inquiry Procedure

The POSH Act gives a woman a clear route to complain about sexual harassment at work. The route runs in a fixed order: complaint, optional conciliation, inquiry, report, and action by the employer. In the exam you must follow this order and give the time limit at each stage.

The complaint goes to the Internal Committee if one has been constituted. If it has not, it goes to the Local Committee. It must be in writing. If the woman cannot write it, the Presiding Officer or any member of the committee (or the Chairperson or any member of the Local Committee) must give all reasonable help to put it in writing. If she cannot complain because of physical or mental incapacity, death or otherwise, her legal heir or another prescribed person can complain for her.

Before the inquiry starts, and only at the woman's request, the committee may try conciliation. No monetary settlement can be the basis of conciliation. If a settlement is reached, it is recorded, sent to the employer or District Officer for action, and copies go to both parties. No further inquiry is then held. If the respondent breaks the settlement terms, the woman can tell the committee, and it must inquire or forward the complaint to the police.

If there is no settlement, the committee inquires. Where the respondent is an employee, it follows the service rules that apply to him, or the prescribed manner if there are none. The committee has civil court powers for summoning and examining on oath, and for discovery and production of documents. Both parties, if employees, must be heard and must get a copy of the findings so they can respond.

While the inquiry is pending, the woman can make a written request for interim relief. The committee may then recommend transfer, leave or other prescribed relief, and the employer must implement it.

Key rules to remember

Time limit for complaint (Section 9): 3 months from the date of incident (or from the last incident in a series); The committee may extend by not more than 3 months, for reasons recorded in writing, if circumstances prevented the woman from filing in time.
Who can complain (Section 9): Aggrieved woman; or legal heir / prescribed person if she is incapacitated, dead or otherwise unable; Complaint must be in writing. The committee must help if she cannot write it.
Conciliation (Section 10): Only before inquiry + only at the woman's request + no monetary settlement as basis; After a recorded settlement, no further inquiry is held. Non-compliance revives inquiry or police referral (Section 11).
Inquiry period (Section 11): Inquiry to be completed within 90 days; Civil court powers: summoning, examining on oath, discovery and production of documents.
Interim relief (Section 12): Written request by woman → committee recommends → employer implements and reports; Transfer of woman or respondent; leave up to 3 months (in addition to her normal leave); other prescribed relief.
Report (Section 13): Report to employer within 10 days of completing inquiry; employer acts within 60 days of receipt; Report is made available to both parties.
Outcome of report (Section 13): Not proved → no action. Proved → action as misconduct under service rules + deduction from salary or wages as per Section 15; If deduction is not possible, the respondent may be directed to pay. Non-payment: recovery as arrear of land revenue.

How to solve Complaint and Inquiry Procedure questions

Use the same sequence for every question. Pick out the stage the facts have reached, then apply the matching section.

1Identify the forum: Internal Committee if constituted, otherwise Local Committee.
2Check the complaint: is it in writing, by the right person, and within three months of the incident or last incident? Check whether an extension of up to three months is possible.
3Check whether the woman has asked for conciliation before inquiry. Note that no monetary settlement is allowed.
4If there is no settlement, apply Section 11: inquiry under the service rules, civil court powers, hearing of both parties, completion within 90 days.
5If interim relief is asked, confirm the written request by the woman and list the options: transfer, leave up to three months, other relief.
6Apply Section 13: report within 10 days, then the recommendation (no action, or misconduct action plus deduction), and the employer's 60-day duty to act.
7End with a clear conclusion that answers the exact question asked.

Quickest way: Stage and number check

When to use it: Use this for short-answer or case-based questions where facts give dates or periods.

Write the stage: complaint, conciliation, inquiry, interim relief, report or action.
Write the number tied to it: 3 months (plus up to 3), 90 days, 10 days, 60 days, leave up to 3 months.
Match each given date to the number and state whether the limit is met.
Add the section number and a one-line conclusion.

Common mistakes in Complaint and Inquiry Procedure

Saying the complaint time limit is three months from the date the woman decides to complain.
Students remember 'three months' but not the starting point.
Fix: Count from the date of the incident, or from the last incident in a series of incidents.
Saying the extension can be any period the committee thinks fit.
The proviso is read loosely.
Fix: The extension cannot exceed three months, needs reasons recorded in writing, and requires circumstances that prevented the woman from filing.
Allowing a monetary settlement in conciliation.
Students think settlement means money.
Fix: Section 10 says no monetary settlement can be the basis of conciliation. Conciliation also needs the woman's request and must come before the inquiry.
Continuing the inquiry after a settlement.
Students forget the effect of Section 10(4).
Fix: Once a settlement is reached, no further inquiry is conducted. Inquiry or police referral revives only if the respondent breaks the settlement terms.
Treating interim relief as automatic or ordering it without a request.
Students overlook the 'written request' condition and the word 'recommend'.
Fix: The woman must request in writing. The committee recommends. The employer must then implement and report back.
Mixing up the 90-day, 10-day and 60-day periods.
Three periods sit close together.
Fix: Link each to its actor: committee inquires in 90 days, committee reports in 10 days, employer acts in 60 days.

Worked examples

Example 1

Meera, an employee of Bharat Textiles Ltd, was harassed by a colleague on 5 March. The company has an Internal Committee. She wants to complain on 20 June because she was ill. Can the committee accept the complaint?

Show the solution

Forum: the Internal Committee, as it is constituted (Section 9).
Time limit: three months from 5 March ends on 5 June. Her complaint on 20 June is late.
Extension: the committee may extend by not more than three months, with reasons recorded in writing, if circumstances prevented her from filing in time. Extended limit would run to 5 September.
Application: illness may be such a circumstance. The committee must be satisfied and record reasons.
Condition: the complaint must be in writing, and if she cannot write it, the committee must help.

Answer: The complaint is out of time on 20 June, but the Internal Committee may accept it by extending the period (not beyond three more months) if it is satisfied that her illness prevented her from filing, and it records its reasons in writing.

Example 2

During an inquiry under the POSH Act at Sundaram Pharma Ltd, the complainant asks for a settlement of ₹2,00,000 from the respondent in exchange for withdrawing the complaint. The inquiry is already under way. She also asks for leave. Advise.

Show the solution

Conciliation (Section 10) can be tried only before initiating the inquiry and at the woman's request.
No monetary settlement can be the basis of conciliation. A settlement of ₹2,00,000 cannot be used.
Since the inquiry has already started, conciliation is no longer available under Section 10.
Leave is interim relief under Section 12: it needs the woman's written request during the inquiry.
The committee may recommend leave up to three months, in addition to her normal leave. The employer must implement the recommendation and report back.
The inquiry must be completed within 90 days (Section 11).

Answer: The money settlement is not permitted, and conciliation is not available once the inquiry has begun. On her written request, the committee may recommend leave up to three months, which the employer must implement. The inquiry continues and must finish within 90 days.

Exam tips

Learn the numbers as a set: 3 months, 3 months extension, 90 days, 10 days, 60 days, 3 months leave.
In case questions, always name the committee (Internal or Local) and cite the section for each step.
Write the conditions of conciliation fully: before inquiry, at the woman's request, no monetary settlement.
Do not confuse interim relief (Section 12) with the final recommendation (Section 13); keep them in separate paragraphs.
End every answer with a one-line conclusion that answers the exact question.

Practice questions from Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Complaint and Inquiry Procedure: frequently asked questions

What is the time limit to file a complaint under the POSH Act?

Section 9 gives three months from the date of the incident, or from the last incident in a series. The committee can extend this by up to three months if it records reasons showing the woman was prevented from filing in time.

Can a complaint be made orally?

No. The complaint must be in writing. If the woman cannot write it, the Presiding Officer or a member of the Internal Committee, or the Chairperson or a member of the Local Committee, must give reasonable help to put it in writing.

Is conciliation compulsory before an inquiry?

No. It happens only if the woman requests it, and only before the inquiry starts. No monetary settlement can be the basis. If settlement is reached, no further inquiry is held.

What interim relief can be given during the inquiry?

On the woman's written request, the committee may recommend transfer of the woman or the respondent, leave up to three months in addition to her normal leave, or other prescribed relief. The employer must implement it and report back to the committee.

How long does the committee have to complete the inquiry and give its report?

The inquiry must be completed within ninety days. The report goes to the employer or District Officer within ten days of completing the inquiry, and is made available to both parties.