What to do now
- Check the notice is genuine. It should come from the District Officer's office (the District Magistrate, Additional District Magistrate, Collector or Deputy Collector notified under s.5) or the Labour Department, on letterhead or an official email address. A genuine notice asks for information. It doesn't ask for payment, and it doesn't come from a private "compliance agency".
- Note the reply date. The Act sets no fixed reply period for a survey. The notice sets its own, and that's the date that counts. If there's no date, reply promptly: within days, not weeks.
- Pull the documents listed below for every office or administrative unit, because each has its own Committee under s.4(1).
- Check the Committee is valid today: a written order, a woman Presiding Officer, at least two employee members, an external member, at least half the members women, and no member past the three-year term in s.4(3).
- If anything is missing, put it right first, then reply with the correct current position and dates. See below.
- Keep a copy of the notice, your reply and proof of delivery.
Why these surveys are happening
In its judgment of 12 May 2023 in Aureliano Fernandes, the Supreme Court recorded "serious lapses in the enforcement of the Act", including committees that lacked the mandatory external member. The Court has kept the case open since, issuing further orders. Two of them matter to a private employer:
- 22 October 2024: the Union Ministry of Labour and the State Labour Departments, with the Women and Child Development departments, were asked to issue directions for Internal Committees to be constituted where they haven't been.
- 3 December 2024: Chief Secretaries were directed to have District Officers survey "the number of organisations, both public sector as well as private, within the district, which have already constituted the Internal Complaints Committee". Where a Committee hasn't been constituted, the District Officer is to send advisories or directions, and the order refers to the penalty in s.26. The survey reports were due to the Court by 31 March 2025.
The Court was still monitoring compliance at its hearing of 10 February 2026, the most recent order we have reviewed. It recorded that several States, Uttar Pradesh among them, had yet to file their compliance affidavits, and it expected States to report on Internal Committees in private establishments as well as government ones. Employers in Noida and elsewhere in Gautam Buddh Nagar should expect the district's requests to continue until the State's affidavit is in.
What a survey typically asks for, and the documents to have ready
Notices vary by district, so we don't reproduce a "standard" one. They are built around what the Act requires an employer to have, so you can prepare from the Act:
| Document | Why it's asked for |
|---|---|
| Written order constituting the Internal Committee, with date | s.4(1): the Committee exists only by written order |
| Members' names, roles, nomination dates; the external member's details | s.4(2) composition; s.4(3) three-year term |
| Headcount at the unit | 10 or more workers means an Internal Committee; fewer means the Local Committee (s.6(1)) |
| Photo of the displayed notice | s.19(b): the penal consequences and the order constituting the Committee must be displayed at a conspicuous place |
| Anti-harassment policy | POSH Rules, rule 13(a): formulate and widely disseminate an internal policy |
| Record of awareness workshops and Committee orientation | s.19(c) |
| The Committee's annual reports, with proof of submission | s.21, POSH Rules rule 14 |
| SHe-Box registration reference, if registered | Depends on your State or district. See SHe-Box registration |
Share numbers of complaints if asked, never their contents. s.16 bars disclosing the complaint, the identities of the people involved and the inquiry proceedings.
If your Committee doesn't exist, has lapsed, or isn't registered
| Where you are | What to do before replying |
|---|---|
| No Internal Committee at all | Constitute one now, by written order dated today, at every office with 10 or more workers. Report the real date. Never backdate an order. |
| Committee exists, but a member's term is past three years | Renominate or replace members by a fresh written order (s.4(3)). Update the displayed notice and policy. |
| No external member, or the seat is vacant | The Committee isn't validly constituted without one. Appoint one before you reply: see external member appointment. |
| Head office has a Committee; branches don't | Each office or administrative unit needs its own (s.4(1)). |
| Fewer than 10 workers | Say so. Complaints from your workplace go to the district's Local Committee (s.6(1)). |
| Not registered on SHe-Box | Check whether your State or district has directed registration, and register if it has. |
An honest reply that shows a Committee constituted last week is a far better position than a missing one, or a reply the records later contradict. Failing to constitute a Committee is punishable with a fine of up to ₹50,000 (s.26(1)), and a repeat conviction with twice that and possible cancellation of a licence or registration (s.26(2)).
Common mistakes
- Replying for the head office only.
- Sending a Committee order whose members have left the company.
- Attaching complaint files or inquiry reports. Numbers only (s.16).
- Ignoring the notice because "we have no complaints". The survey is about whether a Committee exists, not whether it has been used.
- For a Board's Report, stating Committee compliance that the survey reply contradicts. See POSH disclosure in the Board's Report.
Where we come in
Received a notice? We do a same-week compliance check against the list above, constitute or reconstitute the Committee where needed, including the external member, and help you assemble the reply. We work onsite in Noida, Gautam Buddh Nagar and Delhi NCR, in cities within about 300 km of Noida, and anywhere else in India as required, as well as online. The reply itself goes from you, as the employer.
Frequently asked
Do private companies have to respond to a District Officer's POSH survey?
The Supreme Court's order of 3 December 2024 expressly covers private as well as public organisations, and s.25 of the POSH Act lets the government require an employer to furnish information in writing. Treat it as a request you must answer.
How long do we have to reply?
The Act sets no fixed period for a survey reply. Use the date in the notice; if there isn't one, reply promptly.
We don't have an Internal Committee. What should we say?
Constitute one by written order before replying, then report the actual date it was constituted. Do not backdate the order.
We have fewer than 10 employees. Does this apply to us?
An Internal Committee is needed where there are 10 or more workers. Below that, complaints go to the district's Local Committee, and your reply should say so.
Can we be fined?
Failing to constitute an Internal Committee is punishable with a fine of up to ₹50,000 under s.26(1), with enhanced penalties for a repeat conviction under s.26(2).