Rules 34-35 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 34 says who the competent authority is for the gratuity and maternity chapters. Rule 35 tells a woman how to prove her entitlement (the Form X certificate), how to claim (the Form XI notice), and how quickly the employer must pay, including when the woman dies before receiving the amount.
The competent authority is appointed by the Central Government, by notification, from its gazetted officers having experience in labour matters (rule 34). A woman proves pregnancy, delivery, miscarriage, MTP, tubectomy or related illness by a Form X certificate from a registered medical practitioner, an ASHA or a qualified ANM, and claims by giving notice in Form XI (rule 35). The medical bonus is paid with maternity benefit, and wages for leave under section 65 must be paid within forty-eight hours of the Form X certificate being produced.
Rule 34: the competent authority
Rule 34 is one sentence: the competent authority is appointed by the Central Government by notification, from its gazetted officers having experience in labour matters. It appears in Chapter V (Gratuity) but the competent authority also decides matters in Chapter VI. Section 58 of the Code is the parent provision; see our article on sections 57 and 58. Where the State Government is the appropriate Government, its own rules decide who performs this role.
Rule 35(1): proving the facts (Form X)
The law asks for a prescribed form of proof because the benefit depends on medical facts. Under rule 35(1) the following are proved as shown:
| Fact | Accepted proof |
|---|---|
| Pregnancy, delivery, miscarriage, medical termination of pregnancy, tubectomy, or illness arising out of pregnancy, delivery, premature birth, miscarriage, MTP or tubectomy | A certificate in Form X from a registered medical practitioner, an Accredited Social Health Activist, or a qualified Auxiliary Nurse and Midwife |
| Confinement (alternative proof) | Birth certificate from the municipality or gram panchayat; extract from a birth register; or a certificate signed by an ASHA, a qualified ANM, Gram Pradhan, Village Administrative Officer or an authorised municipal officer |
| Miscarriage (alternative proof) | A certificate signed by a qualified ANM |
| Death of a woman or child | A Form X certificate from any of the authorities above, from the Gram Pradhan, Village Administrative Officer or authorised municipal officer, or a certified extract from a death register |
Employers should accept these alternatives rather than insist on a hospital certificate alone, which helps women in rural areas and smaller towns. For the right to the benefit itself, see our article on sections 59 and 60. Employers who want their maternity policy and claim process reviewed can talk to our employment and labour law advisory team.
Rule 35(2): notice and payment (Form XI)
- A woman employed in an establishment and entitled to maternity benefit gives notice to her employer in Form XI.
- The employer pays the maternity benefit and any other amount due under the Code to her; if she has died before receiving it, or where the employer is liable under the second proviso to section 60(3), to the person she nominated in Form XI, and if there is no nominee, to her legal representative.
- The employer may accept an application on plain paper or electronically with relevant particulars instead of Form XI, and no claim is invalid merely because the woman did not use the specified form.
- The Aadhaar details of the nominee must be provided by the woman at the time of filling in the nomination.
Doubt about who is entitled
In case of doubt, the amount due to a woman who has died is deposited by the employer with the competent authority within two months of her death. The competent authority makes such enquiries as he thinks fit and pays it to the person he considers entitled. The proviso says the enquiry must be completed within three months of the deposit, extendable for reasons recorded in writing by not more than three months. The competent authority gives the employer a receipt; when the employer pays directly, the employer obtains a receipt in Form XI from the payee.
Time limits for payment
| Payment | Deadline |
|---|---|
| Maternity benefit or other amount under section 63 where the woman has died | Within two months of her death (rule 35(2)(e)) |
| Wages under section 65 (leave for miscarriage etc.) | Within forty-eight hours of the woman producing the Form X certificate (rule 35(2)(f)) |
| Medical bonus | Paid along with the maternity benefit (rule 35(2)(d)) |
Section 65 is covered in our article on sections 65 and 66, and sections 61 to 64 (notice, claim and medical bonus) in this article.
Example
Sunita, an employee, delivers a child. Her doctor gives a Form X certificate and she gives notice in Form XI, naming her sister as nominee. The employer pays the maternity benefit and the medical bonus together. Had Sunita died before receiving the benefit, the employer would pay her sister within two months of the death. If there were a doubt about who should receive it, the employer would deposit the amount with the competent authority within those two months, who would hold an enquiry. (Illustrative.)
Practical checklist
- Keep Form X and Form XI templates ready, and supply them to any woman who asks. Rule 40(2) requires this without charge.
- Record the date the certificate is produced; the forty-eight-hour clock for leave wages starts then.
- Do not reject a claim because it came on plain paper or by email.
- Note the nominee's Aadhaar details on the form.
Need help with maternity benefit claims?
A clear process for certificates, notices and payment timelines avoids disputes and complaints. Our employment and labour law advisory practice can help you set up policies and forms consistent with these rules.
Key takeaways
- The competent authority is a gazetted officer with labour experience, appointed by the Central Government (rule 34).
- Proof is by Form X, from a registered medical practitioner, ASHA or qualified ANM; alternatives exist for birth, miscarriage and death.
- The woman notifies in Form XI; plain paper or electronic applications may be accepted and no claim is invalid for wrong form.
- Medical bonus is paid with the benefit; section 65 wages within forty-eight hours of Form X.
- If the woman dies, payment goes to the nominee or legal representative within two months; in doubt, deposit with the competent authority.
Read next
- Sections 59 and 60: Employment of women and right to maternity benefit
- Sections 61 to 64: Notice, claim and medical bonus
- Rules 36 and 37: Nursing breaks and crèche
- Employer obligations under maternity benefit law
Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.