District Officer under the POSH Act: Section 20 and Role

The District Officer is the POSH Act's link to the district administration. Section 20 gives the office only two express duties: monitoring the Local Committee's reports and engaging NGOs to raise awareness. Its real importance comes from the functions spread across the Act, from constituting the Local Committee to recovering unpaid compensation. This note covers section 20 and the District Officer's role across the Act.

1. Who Is the District Officer

• Section 5. The appropriate Government may notify a District Magistrate, Additional District Magistrate, Collector or Deputy Collector as the District Officer for every district.
• Function. The District Officer exercises the powers and discharges the functions conferred under the Act.
• Why it matters. Workplaces with fewer than ten workers, domestic workers and women complaining against the employer depend on the Local Committee, which only the District Officer can constitute.

2. The Duties under Section 20

Figure 1: Section 20

• Section 20(a). Monitor the timely submission of reports furnished by the Local Committee.
• Section 20(b). Take measures to engage non-governmental organisations to create awareness on sexual harassment and the rights of women.
• Parallel with employer. Section 20(a) mirrors s.19(j), under which the employer monitors the Internal Committee's reports.

3. The District Officer across the Act

Figure 2: Functions spread across the Act

• Local Committee, s.6. Constitutes the Local Committee in the district and designates nodal officers who forward complaints to it within seven days (Topic 7)
• Recommendations, ss.10 and 13. Receives settlements and inquiry reports where the Local Committee acts, and must act on recommendations within sixty days.
• Recovery, s.13(3). Recovers unpaid compensation as an arrear of land revenue on an order forwarded by either committee.
• Reports, ss.21 and 22. Receives annual reports of the committees, forwards a brief report to the State Government, and receives case numbers from employers who publish no annual report (Topic 21)
• Inspection, s.25. Can be required by the appropriate Government to furnish information and must produce records on demand.

4. Supreme Court Directions

Many districts had not notified District Officers or constituted Local Committees years after the Act came into force. In continuing proceedings after Aureliano Fernandes, the Supreme Court on 3 December 2024 directed that District Officers be notified by 31 December 2024 and Local Committees constituted by 31 January 2025, along with nodal officers (Topic 8).

5. Frequently Asked Questions

Who can be appointed as District Officer under the POSH Act?

Under s.5, the appropriate Government may notify a District Magistrate, Additional District Magistrate, Collector or Deputy Collector as the District Officer for every district.

What are the duties of the District Officer under section 20?

Two: to monitor the timely submission of reports furnished by the Local Committee, and to take measures to engage non-governmental organisations to create awareness on sexual harassment and the rights of women.

Does the District Officer inquire into complaints?

No. Inquiry is the Local Committee's function. The District Officer constitutes that committee, receives its reports and acts on its recommendations.

6. Related Topics

• Topic 7: District Officer and Local Committee. Sections 5 to 8.
• Topic 8: POSH Committees in Practice. The Supreme Court's directions.
• Topic 21: Annual Reports and Monitoring. Sections 21 to 25.