Maharashtra authorises inspection officers and prescribes detailed POSH compliance inspection requirements

Department of Women and Child Development, Government of Maharashtra has issued a circular, authorising designated officers to conduct inspections of establishments and prescribing a compliance checklist for verification of obligations under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). The Circular operationalises the inspection powers available under Section 25 of the POSH Act and applies to government, semi-government and private establishments across Maharashtra. The Circular does not introduce new substantive compliance requirements under the POSH Act. Instead, it provides for an inspection and compliance verification process for obligations already prescribed under the POSH Act and the rules framed thereunder.

Key Highlights:

1. The State Government has authorised various officers, including District Officers and officers of the Women and Child Development Department, to conduct inspections for verification of compliance under the POSH Act.
2. While the POSH Act already empowered the appropriate government to call for information and inspect records, the Circular now introduces a structured inspection and monitoring process across the State.
3. The Circular clarifies that establishments are expected to maintain ongoing compliance with obligations already prescribed under the POSH Act and the POSH Rules, including constitution of Internal Committee, policy dissemination, awareness programmes, complaint handling procedures, maintenance of records and annual reporting requirements.
4. The Circular also introduces a standardised compliance checklist to be used by inspection authorities for verification of POSH compliance during inspections.
5. The compliance checklist additionally covers aspects relating to remote and virtual work environments, SHE-Box portal related particulars and availability of compliance records and supporting documents during inspections.
6. The Circular further provides that where deficiencies are identified during inspection, monetary penalties and other action prescribed under the POSH Act may be initiated against the concerned establishment.

Please note that this Notification has been made available in vernacular, and we have translated the same to the best of our understanding. Once an official translation is available, we will update in case there is a requirement.
Source: Department of Women and Child Development, Government of Maharashtra