S compensation 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.
Chapters III, V and VI of the Social Security (Bihar) Rules, 2026 (rules 5, 6 and 11 to 21) cover three things an employer may meet after a workplace event: a woman's complaint about withheld maternity benefit, a compensation claim after an injury or death, and proceedings before the Employees Insurance Court. This article sets out the forms, periods and deposit as printed.
The rules are the Social Security (Bihar) Rules, 2026, as notified on 30 June 2026 and published in the Bihar Gazette (Extraordinary) No. Patna 697 of 1 July 2026. Rule 1(3) says they come into force from the date of its publication in official gazette. A maternity complaint to the Inspector-cum-Facilitator is disposed of within 90 days (rule 11). On a fatal injury, the employer deposits, in addition to compensation, "a sum of Fifteen thousands rupees or such amount as may be prescribed by the State Government through Gazette notification" for funeral expenses (rule 12).
Later amendments and State notifications under these rules should be checked in the State Gazette. If a claim or complaint reaches your establishment, a legal dispute resolution review can set out the dates to be met.
Maternity benefit: complaint and appeal (rule 11)
The chapter on maternity benefit prints one rule, on complaints and appeals under section 72 of the Code. It does not print the leave, rate or period of the benefit; those come from the Code.
| Step | Rule 11 |
|---|---|
| Complaint | In writing in Form XIV to the Inspector-cum-Facilitator |
| Inquiry | The Inspector-cum-Facilitator examines the records the employer keeps, examines persons employed, takes statements, and if satisfied that the benefit was improperly withheld, directs the employer to pay immediately or within a specified period |
| Time to dispose | Not more than 90 days from filing; a maximum of three opportunities if a party does not appear |
| Appeal | In writing in Form XV to the Competent Authority, with supporting documents; the Competent Authority calls for the record and decides within 90 days of filing |
| Competent authority | The Deputy Labour Commissioner within his area of jurisdiction (rule 11(3)) |
An employer should therefore keep the records the Inspector examines in good order and attend each hearing: three opportunities is the maximum for a non-appearing party. The Central rules on maternity benefit claims and facilities are explained in our posts on rules 34 and 35 of the Central Rules, competent authority and maternity benefit claims and rules 36 and 37, nursing breaks and creche.
Employee's compensation: duties of the employer (rules 12 to 17)
| Obligation | Rule | As printed |
|---|---|---|
| Funeral expenses | 12 | If the injury results in death, the employer deposits with the competent authority, in addition to compensation, a sum of Fifteen thousands rupees or such amount as may be prescribed by the State Government through Gazette notification, for payment to the eldest surviving dependent towards funeral expenses, or to the person who actually incurred the expenditure where there was no dependent or the employee was not living with a dependent |
| Automatic increase | 12 proviso | If the Central Government by notification enhances the amount in section 76(7), the amount under this rule is automatically enhanced |
| Notice book | 14 | Every employer to which the Code applies maintains a notice book under section 82(4) in Form XVI |
| Medical examination | 15 | An employee in receipt of a half monthly payment need not be examined elsewhere than where he is residing more than twice in the first month after the accident, or more than once in any later month |
| Fatal accident statement | 16 | Statement under section 88(1) in Form XVII |
| Memorandum of agreement | 17 | In duplicate, in close conformity with Form XVIII, XVIII-A or XVIII-B; competent authority issues notice in Form XIX; recorded agreements entered in a register in Form XX |
Rule 13 lists the grounds on which a review of a half-monthly payment may be sought without a medical practitioner's certificate: the employer, because wages have increased since compensation was determined; the employee, because wages have diminished or because the employer stopped paying without a change in the employee's condition; either side, because the rate was obtained by fraud, undue influence or other improper means; and either side, for a mistake or error apparent on the face of the record.
The Central rules on compensation claims are explained in our post on rules 57, 58 and 59 of the Central Rules, interest, notice and claim for compensation. The amount for the funeral deposit has a Bihar-specific form: the figure above is printed in rule 12 together with the words allowing the State to prescribe another amount.
The competent authority and its procedure (rules 18 to 21)
The competent authority under section 91(1) is the Deputy Labour Commissioner with at least one year of work experience as Assistant Labour Commissioner, within his jurisdiction (rule 18). On receiving an application, the authority verifies jurisdiction under section 92(1) and, if it belongs elsewhere, returns it with the date of presentation, the reason and the designation of the right authority (rule 19). The authority disposes of an application within six months from receipt (rule 20(1)). For copies, the cost is as notified by the State Government from time to time; the cost of service, summons or witness expenses is as specified by the Court in each case; and the Court may exempt an applicant unable to pay (rule 20(2)). The rules print no rupee copy fee for this chapter.
Evidence is by affidavit after issues are framed, with a right of cross-examination; the authority may summon a witness on deposit of fees and expenses; and listed Orders of the First Schedule to the Code of Civil Procedure, 1908 apply, with adaptation (rule 21).
The Employees Insurance Court (rules 5 and 6)
| Item | Rule | As printed |
|---|---|---|
| Second appeal | 5(1) | By the Insured Person or the Corporation, by application within ninety days of the date of communication of the decision of the Medical Board or the Medical Appeal Tribunal; the Court may entertain a later application if there were sufficient reasons |
| Form | 5(2) | Form I |
| Constitution | 6(1) | The State Government by notification constitutes the Court for the local area specified |
| Application | 6(2) | Under section 49, in triplicate or electronically, in Form II; verified as a pleading in a Civil Court; documents listed and appended; entered in a register in Form III |
| Limitation | 6(3)(i) | Within 3 years from when the cause of action arose or the claim became due |
| Procedure | 6(3)(iii) | The Court follows the Code of Civil Procedure for summoning, service, hearing, issues and evidence |
| Fee | 6(4) | Rs. 100/- on an application in respect of a matter under section 49; other fees and costs as prescribed by the relevant laws; all collected by court fee stamps |
The Central rules on the Court are explained in our post on rules 29 and 30 of the Central Rules, Employees Insurance Court proceedings and administration of fund.
A worked example
Anand Furnishing Works of Bhagalpur loses a carpenter after a fatal accident on the shop floor. Along with the compensation it must deposit with the competent authority the funeral sum printed in rule 12, and send the statement of fatal accident in Form XVII. The firm checks whether the State has notified a different amount by Gazette notification, and whether the Central Government has enhanced the amount in section 76(7), which would raise the rule 12 amount automatically. It also confirms that its notice book, in Form XVI, is current.
Need help with a compensation or maternity claim in Bihar?
Short periods run in these matters: ninety days for a maternity complaint, six months for the competent authority, three years for an Insurance Court application. Our legal dispute resolution team can read the claim, check the Forms and set the dates in a calendar.
Key takeaways
- A maternity complaint is in Form XIV, disposed of within 90 days; appeal in Form XV to the Deputy Labour Commissioner as Competent Authority (rule 11).
- On a fatal injury the employer deposits the funeral sum printed in rule 12, in addition to compensation.
- The notice book is in Form XVI and the fatal accident statement in Form XVII (rules 14 and 16).
- The competent authority disposes of applications within six months (rule 20).
- An Employees Insurance Court application lies within 3 years; the fee is Rs. 100/- (rule 6).
Read next
- Social Security (Bihar) Rules, 2026: gratuity nomination, application and appeal
- Social Security (Bihar) Rules, 2026: welfare cess, authorities, records, returns and compounding
- Rules 57, 58 and 59 of the Central Rules: interest, notice and claim for compensation
Disclaimer: Based on the State or Union territory rules named above, as notified under the Labour Codes and consulted on 4 October 2026. Later amendments, State notifications, fees and forms should be checked in the State Gazette and on the State labour department website. This article is general information, not legal advice; check the official text before acting.