Is it mandatory for employers to submit an annual report on sexual harassment cases to the District Officer under the POSH Act, 2013, even if no complaints were received during the year?

Yes, it is mandatory for the employer to submit an annual report to the District Officer under the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
 
Legal Basis
1. Section 21 and Section 22 of the POSH Act, 2013:

• Under Section 21, the Internal Committee (IC) must submit an annual report to the employer and the District Officer.
• Under Section 22, the employer is required to include details about cases of sexual harassment in their organization's annual report. If no organizational annual report is required, the employer must directly intimate the District Officer about:

1. The number of complaints received.
2. Their resolution status.

 
2. Rule 14 of the POSH Rules, 2013: Annual Report Details:

• Rule 14 outlines the specific information that the IC or LC must include in their report, which the employer must forward or incorporate in their communication with the District Officer.

3. Mandatory Submission

• Employers who do not prepare an organizational annual report must submit the required information directly to the District Officer. Failure to do so may result in penalties as per the Act for non-compliance with procedural obligations.

4. Purpose of Submission

• Accountability: Ensures compliance with the Act and provides transparency in addressing sexual harassment cases.
• Monitoring: Enables the District Officer and the State Government to monitor the implementation of the Act.
• Data Collection: Facilitates policy development and corrective measures at the regional and state levels.

 
5. Responsibilities

• Internal/Local Committee: Prepare and submit Annual Report (as per Rule 14) to the Employer and District Officer.
• District Officer: Forward a summary of reports to the State Government.
• Employer: Include details in the organization’s Annual Report or inform the District Officer.

6. Timeline & Submission:

• Employer must submit the report to the District Officer by January 31 of the following calendar year.
• The report may be submitted in a physical or electronic format, as specified by the local authorities.
• Employer should retain a copy of the report for organizational records and compliance audits.

7. Sample Format of Annual Report:

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

Shekhar Ganagaluru
MSW, LLB, Dip. T&D
HR & IR Specialist | Published Author | Storyteller | Mentor |
Trainer | Community Outreach Coordinator |
​Workplace Safety & Motivation Strategist

Annual Report under POSH Act, 2013
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