Rule 39: Complaint before Inspector-cum-Facilitator and appeal

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Rule 39 — Governs complaint before inspector-cum-facilitator and appeal and the rights, duties, powers or procedure expressly stated in this rule. Key operative text: (1) (a) A complaint under sub- section (1) of section 72 shall be made in writing in Form-XIII-Ato the Inspector-cum-Facilitator having jurisdiction.

Full notified rule textG.S.R. 344(E), 8 May 2026Source checked: 20 August 2026

Rule status

Social Security (Central) Rules, 2026 were finally notified under G.S.R. 344(E), 8 May 2026. The Central Rules must be read with the Code and any later amendment/corrigendum.

Official Gazette

Open the notified Rules ↗

Finin2min analysis — operative rule mechanics

Operative clauses

(1) (a) A complaint under sub- section (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…
(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.

Provisos / explanations

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

Thresholds & timelines

(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…
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.

Mapped Code sections

Section 72

Full notified text — Rule 39

English rule text transcribed from the final official 2026 Gazette PDF; layout is normalised for web reading. The Gazette controls.

39. Complaint before Inspector-cum-Facilitator and appeal.–(1) (a) A complaint under sub-
section (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.

Application and evidence

Primary statutory test — (1) (a) A complaint under sub- section (1) of section 72 shall be made in writing in Form-XIII-Ato the Inspector-cum-Facilitator having jurisdiction.
Additional operative limb — (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…
Qualification / exception to test — Provided that the Competent Authority shall dispose off the appeal within three months from the date of receipt of the appeal.
Numerical or timing control — (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…
Code Section mapping — 72. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Prescribed-form link recorded in the corpus — XIII-A, XIII-B. Confirm the current notified form/version before filing.

Cross-references & prescribed forms

Sections cited/mapped

Section 72 Section 63

Forms

XIII-A, XIII-B

Worked example

When an event triggers complaint before inspector-cum-facilitator and appeal, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “(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” Also test the express qualification/proviso before concluding the result. Reconcile the mapped Code Section(s) 72. Use the current notified XIII-A, XIII-B where the process requires it.

Illustrative only. Use the exact notified rule, prescribed form and competent authority.

Q&A — Rule 39

What is Rule 39 of the Social Security (Central) Rules, 2026?

What does Rule 39 require or permit?

A principal operative clause extracted from the notified rule is: “(1) (a) A complaint under sub- section (1) of section 72 shall be made in writing in Form-XIII-Ato the Inspector-cum-Facilitator having jurisdiction.” Read it with all sub-rules and provisos below.

Does Rule 39 contain a proviso or explanation?

Yes. One extracted qualification is: “Provided that the Competent Authority shall dispose off the appeal within three months from the date of receipt of the appeal.”

What deadline, period, percentage or amount appears in Rule 39?

The rule contains this numerical/time expression: “(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…” Apply it only in its notified context.

Which Code sections are linked to Rule 39?

The current concordance maps Rule 39 to Section(s) 72.

Which form is connected with Rule 39?

The current corpus records: XIII-A, XIII-B. Confirm the current notified version before use.

When did Rule 39 come into force?

The final Central Rules were notified as G.S.R. 344(E), 8 May 2026; Rule 1 states that the Rules come into force on publication. Check any later amendment or corrigendum before reliance.

Primary sources

Social Security (Central) Rules, 2026 — official Gazette PDF ↗

Code on Social Security, 2020 — India Code ↗

Source check: 20 August 2026.

Jurisdiction note: This is the Central Rule corpus. Check State rules/notifications where the State Government is the appropriate Government and check later Gazette amendments before acting.