PoSH

Can the external member of the Internal Committee (IC) under the POSH Act, 2013 continue to serve in the committee for more than 3 years?

3/13/2025

The external member of the Internal Committee (IC) constituted under the POSH Act, 2013, can continue to serve on the committee for more than 3 years, but not continuously without reappointment. Let's break down the answer in detail:

Legal Provision (Section 4(3) of the POSH Act, 2013):
Section 4(3) of the POSH Act states that the Presiding Officer and every member of the Internal Committee, including the external member, shall hold office for a term not exceeding three years from the date of their nomination. This tenure limit applies equally to all members, whether internal employees or the external member from a non-governmental organization (NGO) or someone experienced in issues related to sexual harassment.

Tenure Limit:

The external member can serve on the IC for a maximum of three years per appointment.
However, the act does not prohibit the reappointment of the same member after the completion of their initial three-year term. This means that the external member can be reengaged for another term of three years or for shorter durations as specified by the employer, provided they are re-nominated after their first tenure ends.

Reappointment:

While the act limits continuous service to three years per term, it is entirely within the employer's discretion to reappoint the same external member for another term.
There is no upper limit on the number of times the same external member can be reappointed, provided they fulfil the necessary criteria.

Objective Behind the 3-Year Tenure Limit:
The three-year tenure cap is likely designed to:

Ensure periodic renewal of committee members to bring in fresh perspectives and prevent stagnation.
Maintain the independence and neutrality of the IC by avoiding long-term entrenchment of any single individual.
Encourage rotation of external members to incorporate diverse experiences and insights from different organizations.
Allow evaluation of each member’s suitability and re-nomination based on their contribution to the committee.

By enabling reappointment but limiting each term to a maximum of three years, the law balances the need for continuity with the need for new inputs and accountability. This system ensures that while experienced members can continue to serve, there is also an opportunity for review and change if needed.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.