# The POSH Act for Gyms: What Owners Must Do in India

> Does the POSH Act apply to your gym? What Indian gym owners must do: an Internal Committee at 10+ workers, a policy, notices, training and a yearly report.

- URL: https://www.mygymgate.com/blog/posh-act-gym/
- Category: Business
- Published: 2026-10-06
- Publisher: MyGymGate (https://www.mygymgate.com)

Yes, the POSH Act applies to your gym. A commercial gym is a "workplace" under the Sexual Harassment of Women at Workplace Act, 2013, so if you have 10 or more workers (trainers, front desk, housekeeping, contract and part-time staff included) you must set up an Internal Committee with an outside member, have a written policy, display it, train your team and file a yearly report. Under 10 workers, complaints go to your district's Local Committee, but your duty to keep the place safe stays.

This reflects the law as of October 2026. It is a summary for owners, not legal advice, so please confirm the details for your gym with a lawyer.

## Does the POSH Act cover a gym?

It does, and there is not much room for argument. Section 2(o) of the [Act on India Code](https://www.indiacode.nic.in/handle/123456789/2104) says "workplace" includes:

- "any private sector organisation or a private venture... or service provider carrying on commercial... activities including... service"
- "any sports institute, stadium, sports complex or competition or games venue... used for training, sports or other activities relating thereto"
- "any place visited by the employee arising out of or during the course of employment", including transport the employer provides

A gym selling memberships and PT is a private service provider, so clause (ii) covers it on its own, and clause (iv) names sports complexes too. The third point matters for trainers doing home PT: the client's home is a place visited during work.

## Who counts as an "employee" at a gym?

Wider than most owners assume. Section 2(f) covers anyone working "on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor", paid or unpaid, including "a contract worker, probationer, trainee, apprentice". Your revenue-share PT coach, agency housekeeping staff, weekend Zumba instructor and intern are all in.

When you count towards the 10-worker mark, include everyone who works there regularly in any of these forms. It's the safer reading. Hypothetically, say you have 4 floor trainers, 2 front desk staff, 2 agency cleaners, 1 manager and 1 part-time yoga teacher. That's 4 + 2 + 2 + 1 + 1 = 10, so you need an Internal Committee, even though only 7 are on your payroll.

## What the Act asks of a gym owner

| What | Section | What it means for a gym |
|---|---|---|
| Internal Committee (IC) | 4 | Set up by written order if you have 10+ workers. Every branch needs its own |
| Local Committee (LC) | 6 | District committee that hears complaints where there's no IC (under 10 workers) or the complaint is against the owner |
| Safe workplace | 19(a) | Includes safety from "persons coming into contact at the workplace", which means members and visitors too |
| Display | 19(b) | Put up the penal consequences of sexual harassment and the order forming the IC somewhere visible |
| Training | 19(c) | Regular workshops for staff and orientation for IC members |
| Help with police complaints | 19(g)–(h) | Help the woman file a criminal complaint if she chooses, including against a non-employee |
| Annual report | 21, 22 | IC reports every calendar year; you send the case numbers to the District Officer |
| Confidentiality | 16 | Names, complaint details and outcomes must not be made public |

## How do you set up an Internal Committee in a gym?

Section 4 fixes the composition:

1. **Presiding Officer:** a woman employed at a senior level. If your gym has none, the Act lets you nominate one from another branch of yours, and failing that from "any other workplace of the same employer or other department or organisation".
2. **At least two members from your employees**, preferably people committed to the cause of women or with social work or legal experience.
3. **One external member** from an NGO or association working for women, or a person familiar with sexual harassment issues. The [POSH Rules, 2013](https://delhipolice.gov.in/doc/POSH/POSH_ActRulesSO.pdf) say this can be a social worker with five years' relevant experience or someone familiar with labour, service, civil or criminal law. You pay their allowance and travel.

At least half the members must be women, and each serves up to three years. Issue a written order naming them, and display it.

For the external member, try a local women's NGO or a lawyer who does POSH work. Don't pick a relative just to fill the seat.

## What if your gym has fewer than 10 workers?

You don't form an IC. Under section 6, the District Officer (usually the DM or Collector) sets up a Local Committee for establishments that have none "due to having less than ten workers", and also for complaints against the employer. A nodal officer at block or ward level receives complaints and forwards them within seven days.

The Supreme Court's [December 2024 order](https://api.sci.gov.in/supremecourt/2023/22553/22553_2023_8_6_57605_Order_03-Dec-2024.pdf) directed states to notify District Officers, constitute Local Committees and publish nodal officer names on district websites. Look up your district's LC and nodal officer, and put those contacts on your notice board. It isn't a written duty, but it's the decent thing to do.

## How does a complaint work, and how long does it take?

From the Act and the 2013 Rules:

- **Filing:** in writing, within **three months** of the incident (or the last in a series), extendable by three more months for good reason (section 9).
- **Respondent's copy:** within 7 working days, reply within 10 working days (Rule 7).
- **Inquiry:** must finish within **90 days** (section 11(4)). At least three members, including the Presiding Officer, must sit, and no lawyers represent either side (Rule 7).
- **Report:** to you within 10 days of the inquiry ending (section 13). You must act on it within **60 days**.
- **Interim relief:** during the inquiry, the committee can recommend transferring either person or up to three months' extra leave for her (section 12).

Outcomes under Rule 9 range from a written apology or warning to termination.

## What happens if you ignore it?

Section 26: if an employer fails to constitute an IC, act on its findings, or report case numbers, or otherwise breaks the Act, the fine can extend to **₹50,000**. A second conviction for the same offence can mean double the punishment and "cancellation... or non-renewal" of the licence or registration you need to run the business. For a gym, that could include your trade licence or Shops and Establishments registration.

In *Aureliano Fernandes v. State of Goa* (12 May 2023), the Supreme Court issued directions for strict compliance with the Act, and its [April 2024 order](https://api.sci.gov.in/supremecourt/2023/22553/22553_2023_11_3_52112_Order_09-Apr-2024.pdf) noted that governments were still slow to respond. The December 2024 order went further: District Officers must survey public and private organisations in their district to check which ones have an IC, and send advisories to those that don't, "having regard to Section 26".

## Does POSH protect members, or only staff?

Section 2(a) defines an "aggrieved woman", in relation to a workplace, as "a woman, of any age whether employed or not". So:

- **A woman member harassed by a trainer or staff member** can complain to your IC (or the LC). The trainer is your employee, so the IC's findings lead to action under your service rules.
- **A woman member harassed by another member** can also complain. You can't discipline a member under service rules, but section 19(a) still covers safety from people who come to your workplace, and 19(h) asks you to help her take criminal action if she wants. Practically, your [membership agreement](/blog/gym-membership-agreement-india/) should let you suspend or end a membership for harassment. How far a committee can go against a non-employee is a grey area, so get advice on that specific case.
- **Men are not covered** by the POSH Act. Your gym policy can and should protect everyone anyway.

Some conduct is also a crime under the [Bharatiya Nyaya Sanhita, 2023](https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf), which replaced the IPC from July 2024. Section 75 (sexual harassment) covers unwelcome physical advances, demands for sexual favours, showing pornography against her will and sexually coloured remarks, with up to three years' rigorous imprisonment (one year for remarks). Section 74 covers assault intended to outrage modesty, and section 77 covers voyeurism. An IC inquiry doesn't replace a police complaint. She can do both.

## Gym-specific practice: touch, cameras and batches

The Act doesn't mention spotting, but unwelcome "physical contact and advances" is the first item in its definition of sexual harassment.

**Touch and spotting.** Train every coach to cue verbally first, ask before any hands-on correction ("Can I adjust your hip position?"), touch only the joint or bar involved, and accept a "no" without fuss. Offer a no-touch option on the joining form.

**CCTV.** Cameras on the gym floor, entrance and reception are normal and help in an inquiry. Never in changing rooms, showers or toilets: capturing a woman's image where she'd expect privacy, such as while undressed or using a lavatory, is voyeurism under section 77 of the BNS. Put up a camera notice and limit who can view footage. Footage is personal data too; see the [data privacy guide](/blog/gym-member-data-privacy-india/).

**Women-only batches and female trainers.** Not required by law, but a women-only slot and the option of a female PT help. Budget for one; the [trainer salary guide](/blog/gym-trainer-salary-india/) has current pay ranges.

**WhatsApp and DMs.** Harassment doesn't stop at the gym door; late-night messages from a trainer count too. Your policy should say trainers contact members only for training and scheduling, through the gym's number where possible.

## A POSH policy outline for a gym

Rule 13 of the 2013 Rules asks employers to "formulate and widely disseminate an internal policy". A workable gym policy, one or two pages, covers:

1. Scope: staff, contract trainers, interns, members, visitors, the gym, client homes and gym events
2. What counts as harassment, with gym examples: unnecessary touching, body comments, unsolicited messages
3. Touch and consent rules for trainers
4. CCTV, phone and photography rules, including a ban on filming other members
5. How to complain: IC names and numbers (or LC and nodal officer), [SHe-Box](https://shebox.wcd.gov.in/), and the NALSA legal helpline 15100 noted in the Supreme Court's December 2024 order
6. Timelines, confidentiality and no retaliation
7. Consequences for staff and for members
8. Training schedule and who to ask

Hand it to staff when they join (add it to your [staff management](/blog/gym-staff-management/) routine) and pin a short version near reception.

## What is SHe-Box?

SHe-Box is the Ministry of Women and Child Development's online portal at [shebox.wcd.gov.in](https://shebox.wcd.gov.in/). The [new version, launched 29 August 2024,](https://static.pib.gov.in/WriteReadData/specificdocs/documents/2024/sep/doc202492384301.pdf) is a central record of Internal and Local Committees across government and private sectors, and lets a woman file a complaint that reaches the relevant committee. It's open to women in organised and unorganised work, public or private.

## Quick checklist

- Count every worker, including contract, part-time and agency staff
- 10 or more: issue a written order forming an IC with a senior woman Presiding Officer, two staff members and one external member, at least half women
- Under 10: note your district's Local Committee and nodal officer
- Display the penal consequences and the IC order (or LC contacts)
- Write and circulate a one-page policy that covers members too
- Run staff awareness sessions and keep attendance records
- Add a harassment clause to appointment letters and membership terms
- Train trainers on asking before hands-on cues; offer a no-touch option
- No cameras in changing rooms, showers or toilets
- Every calendar year, get the IC's annual report and send case numbers to the District Officer

## Useful links

- [POSH Act, 2013 on India Code](https://www.indiacode.nic.in/handle/123456789/2104)
- [POSH Act and Rules, 2013 (Delhi Police compilation)](https://delhipolice.gov.in/doc/POSH/POSH_ActRulesSO.pdf)
- [Bharatiya Nyaya Sanhita, 2023, Ministry of Home Affairs](https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf)
- [SHe-Box portal, Ministry of Women and Child Development](https://shebox.wcd.gov.in/)
- [PIB: Union Minister launches new SHe-Box portal (September 2024)](https://static.pib.gov.in/WriteReadData/specificdocs/documents/2024/sep/doc202492384301.pdf)
- [Supreme Court order of 9 April 2024 in Aureliano Fernandes v. State of Goa](https://api.sci.gov.in/supremecourt/2023/22553/22553_2023_11_3_52112_Order_09-Apr-2024.pdf)
- [Supreme Court order of 3 December 2024 (District Officers, Local Committees, survey)](https://api.sci.gov.in/supremecourt/2023/22553/22553_2023_8_6_57605_Order_03-Dec-2024.pdf)

*Cover photo: [Business People](https://stocksnap.io/photo/business-people-IS1XRUWYW4) by [Direct Media](https://stocksnap.io/author/145556), CC0, via stocksnap.*

## Frequently asked questions

### Does a small gym with fewer than 10 staff need an Internal Committee?

No. Under section 6 of the POSH Act, complaints from establishments that have no Internal Committee because they have fewer than ten workers go to the Local Committee set up by the District Officer. The gym still has to provide a safe workplace and cooperate with that committee.

### Can a woman gym member complain under the POSH Act?

The Act defines an aggrieved woman, in relation to a workplace, as a woman of any age whether employed or not. So a member harassed at the gym, for example by a trainer, can complain to the gym's Internal Committee, or to the Local Committee if the gym has none. Criminal acts can also be reported to the police under the Bharatiya Nyaya Sanhita.

### What is the fine for not following the POSH Act?

Section 26 provides a fine of up to ₹50,000 for an employer who fails to constitute an Internal Committee, act on its reports or follow the Act's other provisions. A repeat conviction can bring double the punishment and cancellation or non-renewal of the business licence or registration.

### Who can be the external member of a gym's Internal Committee?

Someone from an NGO or association committed to the cause of women, or a person familiar with sexual harassment issues. The 2013 Rules say this can include a social worker with at least five years' relevant experience or a person familiar with labour, service, civil or criminal law.

### Can a gym put CCTV cameras in the changing room?

No. Watching or recording a woman in a place where she would expect privacy, such as while changing or using a toilet, is voyeurism under section 77 of the Bharatiya Nyaya Sanhita. Keep cameras to the gym floor, entrance and reception, and put up a notice.