Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every employer with 10 or more workers must constitute an ICC at each office or branch. If the organization has multiple offices, each office with 10+ employees must have its own ICC.

The ICC must be headed by a woman employed at a senior level. If no senior woman is available internally, the Presiding Officer may be nominated from another office or administrative unit of the same employer. The Presiding Officer should preferably be committed to the cause of women's rights.

Under Section 4(2), the ICC must have at least 2 members from among employees preferably committed to the cause of women or having experience in social work/legal knowledge, and 1 external member from an NGO or association committed to the cause of women, or familiar with issues relating to sexual harassment.

The Act mandates that at least one-half of the total ICC members nominated shall be women. This ensures balanced representation and creates a more comfortable environment for aggrieved women to file complaints and depose.

Under Section 4(3), each ICC member is appointed for a period not exceeding 3 years from the date of nomination. Plan for staggered renewals so the committee is never left without experienced members.

Notify the District Officer (usually the District Magistrate or Collector) about the constitution of the ICC, providing names, designations, and contact details of all members. Update the filing whenever the composition changes.

Frame a detailed anti-sexual harassment policy covering the definition of sexual harassment (as per Section 2(n)), the complaint mechanism, inquiry procedure, timelines, confidentiality obligations, interim relief provisions, and the consequences of substantiated complaints. The policy should be approved by the Board or senior management.

Ensure every new employee receives a copy of the POSH policy as part of their induction. Existing employees should be re-circulated the policy annually via email or the company intranet. Obtain an acknowledgement signature from each employee.

Under Section 19(c), the employer must display notices informing employees about the provisions of the Act, the penal consequences of sexual harassment, and the composition of the ICC. Notices must be in English and the local language.

Under Section 19(b), the employer must organise workshops and awareness programs at regular intervals for sensitising employees about the provisions of the Act. Document training attendance, content covered, and feedback for compliance records.

ICC members must be trained on conducting inquiries following principles of natural justice, recording witness statements, maintaining confidentiality, completing inquiries within 90 days, and preparing the inquiry report under Section 13. Engage external POSH consultants for specialised training.

Under Section 9(1), the aggrieved woman must file a written complaint to the ICC within 3 months of the date of the incident. The ICC may extend this by a further 3 months if satisfied that the circumstances were such that prevented the filing. The complaint may also be filed by a legal heir or a person authorised by the ICC in specified circumstances.

Under Section 10, the ICC may, at the request of the aggrieved woman, take steps to settle the matter through conciliation before initiating an inquiry. No monetary settlement is allowed during conciliation. If a settlement is reached, record it and forward it to the employer for implementation.

Under Section 11, the ICC must complete the inquiry within 90 days. The inquiry report with findings and recommendations must be provided to the employer and the parties within 10 days of completion. The employer must act on the recommendations within 60 days under Section 13.

Under Section 12, the ICC may recommend to the employer interim measures such as transfer of the aggrieved woman or the respondent, granting leave to the aggrieved woman (up to 3 months in addition to regular leave), or restraining the respondent from reporting on or evaluating the aggrieved woman's work.

Under Section 16, the identity of the aggrieved woman, respondent, witnesses, inquiry content, and recommendations shall not be published, communicated, or made known to the public or media. Breach of confidentiality is punishable with a penalty as prescribed in the service rules.

If the ICC concludes that a complaint was made with malicious intent or is false, it may recommend action against the complainant as per the employer's service rules. However, the mere inability to substantiate a complaint does not attract action unless the ICC finds a malicious intent.

Under Section 21, the ICC must prepare an annual report for each calendar year and submit it to the employer and the District Officer. The report must include the number of complaints received, disposed, pending, and the nature of actions taken. Most states require filing by 31 January of the following year.

Under Section 22, every employer is required to include in the annual (Directors') report the number of cases filed and their disposal under the Act. For listed companies, this is also a requirement under the Companies Act, 2013 and SEBI LODR regulations.

Preserve all records of complaints received, inquiry proceedings, evidence collected, ICC meeting minutes, recommendations, and actions taken for a minimum of 5 years. These records may be required by the District Officer, courts, or during statutory audits.

Review the POSH policy annually to assess its effectiveness, identify gaps, and incorporate changes in law or best practices. Solicit anonymous feedback from employees on the awareness level and comfort in using the complaint mechanism. Update the policy based on findings.

Under Section 26, failure to constitute an ICC or non-compliance with provisions of the Act is punishable with a fine up to INR 50,000. Repeated non-compliance may result in a higher penalty and cancellation of the business licence or registration under Section 26(2).

The employer must take steps to prevent sexual harassment by third parties (clients, customers, vendors) against employees. Include a clause in vendor and client agreements requiring adherence to anti-sexual harassment standards at the workplace.

The Act covers regular employees, contractual workers, interns, apprentices, and even women visiting the workplace in connection with work. Ensure the policy explicitly extends to all such categories and that the ICC accepts complaints from any aggrieved woman.

For organizations with employees working remotely, at client sites, or at satellite offices, provide multiple complaint channels (email, online portal, postal address) so that distance is not a barrier to filing a complaint. Ensure virtual hearing procedures are available for the ICC.