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Rule 39 of the Social Security (Central) Rules, 2026 - Complaint before Inspector-cum-Facilitator and appeal

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Last Updated: 08-05-2026

CHAPTER VI

MATERNITY BENEFIT

 

39. Complaint before Inspector-cum-Facilitator and appeal.[i]

(1)

(a) A complaint under subsection (1) of section 72 shall be made in writing in Form-XIII-Ato the Inspector-cum-Facilitator having jurisdiction.

(b) When a complaint referred to in sub-rule (1) is received by an Inspector-cum-Facilitator, he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in the establishment and take down necessary statement for the purpose of the enquiry and if he is satisfied that the maternity benefit or any amount has been improperly withheld or the woman employee is discharged or dismissed, he shall direct the employer to make the payment to the complainant or to the person claiming the payment under section 63, and pass such order as he deems fit, immediately but not exceeding period of 45 days.

(2)

(a) An appeal against the decision of the Inspector-cum-Facilitator, shall lie to the competent authority.

(b) The aggrieved person shall prefer an appeal in writing to the competent authority in Form-XIII-B and file other supporting documents.

(c) When an appeal is received, the competent authority shall call record of the case from the Inspector-cum-Facilitator before fixing the date of hearing. The competent authority shall, if necessary, also record the statements of the aggrieved person, and of the Inspector-cum-Facilitator and seek clarification, if any is required.

(d) Taking into account the document(s), the evidence produced before him and the facts presented to him or ascertained by him, the competent authority shall give his decision.

Provided that the Competent Authority shall dispose off the appeal within three months from the date of receipt of the appeal.

Provided further that the Competent Authority may for reasons to be recorded in writing, extend the said period for a further period not exceeding three months.

 

[i] Inserted by Notification No. G.S.R. 344(E) dated 08-05-2026