Rule 35: Certificate and notice of claim for maternity benefit

Finin2min analysis — operative rule mechanics

Full notified text — Rule 35

35. Certificate and notice of claim for maternity benefit.–(1) (a) The fact that a woman is
pregnant or has been delivered of a child or has undergone miscarriage or medical termination of
pregnancy or tubectomy operation or is suffering from illness arising out of pregnancy, delivery,
premature birth of a child or miscarriage or medical termination of pregnancy or tubectomy operation
shall be proved by the production of a certificate in Form-X, from-

      (i)        a registered medical practitioner; or

      (ii)       an Accredited Social Health Activist; or

      (iii)      a qualified Auxiliary Nurse and Midwife.

(b) The fact that a woman has been confined may also be proved by the production of a certificate of
birth from the municipality or the gram panchayat, extract from a birth register maintained under the
provisions of any law for the time being in force or a certificate signed by an Accredited Social Health
Activist or qualified Auxiliary Nurse and Midwife or Gram Pradhan or Village Administrative Officer
or Authorised Officer of the Municipality, as the case may be.

(c) The fact that a woman has undergone miscarriage may also be proved by the production of a
certificate signed by a qualified Auxiliary Nurse and Midwife.

(d) The fact of death of a woman or a child may be proved by the production of a certificate to that
effect in Form-X from any of the authorities referred to in clause (a) that is to say from the Gram
Pradhan or the Village Administrative Officer or Authorised Officer of the Municipality, as the case
may be, or by the production of a certified extract from a death register maintained under the
provisions of any law for the time being in force.

(2) (a) A woman employed in an establishment and entitled to maternity benefit shall give notice to
her employer in Form-XI and the employer shall make payment of the maternity benefit and any other
amount due under the Code to the woman concerned, or, in case of her death before receiving such
maternity benefit or amount, or where the employer is liable for maternity benefit under the second
proviso to sub-section (3) of section 60, to the person nominated by the woman in her notice in Form-
XI and in case there is no such nominee to her legal representative:

        Provided that an application in plain paper or electronically with relevant particulars may be
accepted by an employer at his discretion instead of Form-XI:

       Provided further that no claim shall be invalid merely because the claimant failed to present
her application in specified form.

       Provided that the details of Aadhaar of the nominee shall be provided by the women
employee at the time of filling the nomination form.

(b) In case of doubt, the maternity benefit or other amount due to a woman employed in an
establishment shall be deposited by the employer, within two months from the date of death of the
woman concerned with the competent authority, who shall, after making necessary enquiries as he
may think fit, pay it to the person who, in his opinion, is entitled to receive it.

 Provided that the enquiry by the Competent Authority shall be completed within three months from
the date of deposit of the maternity benefit by the employer and may, for reasons to be recorded in
writing, be extended for a further period not exceeding three months.

(c) Whenever the payment referred to in clause (a) is made, a receipt shall be obtained by the
employer in Form-XI from the person to whom the payment is made and in cases falling under clause
(b), a receipt shall be given to the employer by the competent authority.

(d) The medical bonus shall be paid along with maternity benefit.

(e) The maternity benefit or any other amount payable under section 63 shall be paid within two
months of the date of death of the woman entitled to receive such benefit or amount.

(f) The wages payable under section 65 shall be paid to the woman entitled to receive such wages
within forty-eight hours of production of the certificate in Form-X by her.

Application and evidence

1. Primary statutory test — (1) (a) The fact that a woman is pregnant or has been delivered of a child or has undergone miscarriage or medical termination of pregnancy or tubectomy operation or is suffering from illness arising out of pregnancy, delivery, premature birth of a child or miscarriage or medical termination of pregnancy or tubectomy operation shall be proved by the production of a certificate in Form-X, from- (i) a registered…
2. Additional operative limb — (b) The fact that a woman has been confined may also be proved by the production of a certificate of birth from the municipality or the gram panchayat, extract from a birth register maintained under the provisions of any law for the time being in force or a certificate signed by an Accredited Social Health Activist or qualified Auxiliary Nurse and Midwife or Gram Pradhan or Village Administrative Officer or…
3. Qualification / exception to test — Provided that an application in plain paper or electronically with relevant particulars may be accepted by an employer at his discretion instead of Form-XI:
4. Numerical or timing control — (b) In case of doubt, the maternity benefit or other amount due to a woman employed in an establishment shall be deposited by the employer, within two months from the date of death of the woman concerned with the competent authority, who shall, after making necessary enquiries as he may think fit, pay it to the person who, in his opinion, is entitled to…
5. Code Section mapping — 62, 65. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Prescribed-form link recorded in the corpus — X, XI. Confirm the current notified form/version before filing.

Cross-references & prescribed forms

Worked example

Q&A — Rule 35

Primary sources