In order to strengthen the compliance, the POSH provides for filing of Annual Report every year.. It does not, however, specify a deadline for submission. Organizations have been submitting submitting  Annual Reports by 31^st January or as soon as LCCs/District Officers/State Authorities or any other concerned official of the respective state/district notify them.

As per  Letter nos.  121 and 122 dated 8^th Dec, 2021 issued by Adl Deputy Commission Cum District Officer, Gurugram every Organization to which POSH Act applies, shall file annual reporting for the calendar year  by 30^th April every year.

Purpose of Annual Report

The submission of an annual report is a method used by the government to keep track of how well organizations follow the law. The following information must be included in the annual report prepared by the Complaints Committee under Section 21:

• the number of sexual harassment complaints received during the year;
• the number of complaints resolved during the year;
• the number of cases pending for more than ninety days;
• the number of workshops or awareness program against sexual harassment; and
• the nature of the employer’s or District Officer’s response.

Consequences of Non Compliance

Employers that fail to comply would be subject to a punishment of up to Rs. 50,000. If an employer who has previously been convicted of an offence commits the same offence again, he will be subject to twice the punishment imposed on the first conviction. Furthermore, his licence to operate a business could be revoked.

Disclaimer : This is an effort by Lexcomply.com to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.

LLM, BA LLB Meghna Anand