1
ICC Constitution (Internal Complaints Committee)
Critical
ICC constituted with correct composition under Section 4
Must have: Presiding Officer (senior woman employee), min. 2 internal members, and 1 external NGO/legal member.
⚠ Missing ICC — penalty up to ₹50,000 + licence cancellation risk
External ICC member is a valid NGO / legal professional — not an employee
The external member cannot be on your payroll. This is one of the most common ICC errors across Indian companies.
Formal ICC appointment letters issued to all members on company letterhead
Each ICC member must hold a signed appointment order.
ICC reconstituted every 3 years — terms not expired
ICC member terms last 3 years. Expired ICC = invalid ICC. Check your original constitution date.
⚠ Expired ICC members = compliance violation
2
POSH Policy
Critical
Written Sexual Harassment Prevention Policy in place
Must be organisation-specific, in writing, and communicated to all employees. Generic templates do not qualify.
⚠ No policy = direct POSH Act violation
Policy includes grievance redressal procedure and ICC contact details
Employees must know how to file a complaint. ICC names and contact must be in the policy.
Policy displayed at visible locations in the workplace
Policy and ICC details must be on notice boards, intranet, and in onboarding materials.
3
Employee Training & Awareness
Important
All employees trained on POSH rights and redressal process
Training must cover what constitutes harassment, how to file a complaint, and employee rights.
Training delivered in the regional language employees understand
English-only training leaves non-English-speaking staff unable to understand their rights — weakening your compliance defence in any inquiry.
Annual refresher training conducted — not just one-time
The POSH Act requires ongoing awareness. A training done 2+ years ago does not satisfy current compliance.
⚠ One-time training is a common audit failure point
Contract workers, interns and temp staff included in training
POSH covers all workers at your premises — not just permanent employees.
ICC members trained separately on investigation procedures
ICC members need specialised training on inquiry, evidence handling, confidentiality, and annual reporting.
4
Annual Reporting & Ongoing Compliance
Annual
ICC Annual Report submitted to District Officer by January 31
Report must include: complaints received, disposed, and pending over 90 days. Submitted to your local District Officer / District Collector's office.
⚠ Missing deadline = automatic non-compliance under POSH Act
ICC meetings held at least once per quarter (4 meetings/year)
Quarterly ICC meetings are mandatory. Minutes must be documented and retained for inspection.
Complaint register maintained — even with zero complaints
The register must exist year-round. Absence of complaints does not remove the obligation.
5
MCA 2025 Board Report Disclosure — Effective July 14, 2025
Critical · New
Board Report (Form AOC-4) includes POSH compliance statement
MCA G.S.R. 357(E) — all companies except OPCs and small companies must confirm ICC constitution in their Board Report.
⚠ Penalty: ₹3 lakh on company + ₹50,000 per officer in default
Board Report discloses complaints received, disposed, and pending (>90 days)
All three figures are mandatory. "Nil" must be explicitly stated if no complaints were received.
Directors briefed on personal liability under MCA 2025 amendment
Each officer in default faces a ₹50,000 personal penalty. Board members must be individually briefed.
6
Documentation Readiness
Important
Employee training attendance records & completion certificates retained
Must be producible on inspection. Digital or physical. Retain for minimum 3 years.
ICC constitution order and appointment letters on file
Original signed ICC constitution order must be retained — first document a DO inspector will ask for.
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