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Uttar Pradesh Code on Social Security Rules, 2026: maternity benefit, and employee's compensation from notice of accident and deposit to procedure before the competent authority

A maternity benefit complaint goes to the Inspector-cum-Facilitator in Form-XVIII, who can direct payment within 45 days; appeals go to the Regional Additional/Deputy Labour...

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Published
October 4, 2026
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Oct 4, 2026
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Last updated: October 2026Verified against: Government sources

Chapter V (rules 59 and 60) and Chapter VI (rules 61 to 78) of the Uttar Pradesh Code on Social Security Rules, 2026 cover two things an employer in Uttar Pradesh must be ready for: a complaint that maternity benefit has been withheld, and a claim for compensation after a workplace injury or death, from funeral expenses and medical examination to agreements recorded by the competent authority.

The rule set

This article covers the Uttar Pradesh Code on Social Security Rules, 2026, as notified by notification no. 1431/XXXVI-3-2026-1399661 dated 27 August 2026. Later amendments and State notifications under these rules should be checked in the State Gazette. Rule 1(3) says the rules "shall come into force with effect from the date of its publication in the official Gazette". The earlier part of the rules is in our first article.

The Central rules on the same subjects are explained in rules 34 and 35, rules 57 to 59 and the compensation forms. Uttar Pradesh numbers its rules and forms differently. If an injury or maternity claim has come up, our legal dispute resolution team can help with the paperwork and hearings.

Maternity benefit: rules 59 and 60

A complaint under section 72(1) is made in writing in Form-XVIII to the Inspector-cum-Facilitator of the area (rule 59(1)). The Inspector-cum-Facilitator examines the employer's records, examines persons employed in the establishment, takes statements, and, if satisfied that the maternity benefit or amount has been improperly withheld, directs the employer to pay the woman or the person claiming under section 63 immediately, but within a period not exceeding 45 days (rule 59(2)).

A person aggrieved by the order may appeal to the Regional Additional/Deputy Labour Commissioner in writing in Form-XIX with supporting documents; an appeal is not rejected merely because it is not in the prescribed format (rule 60). The appellate authority calls the record, hears both parties, may record the Inspector-cum-Facilitator's statement and decides within three months, extendable for recorded reasons by not more than three months. Related duties on creches and nursing breaks are in the Central rules, which our article on Central rules 36 and 37 explains.

Rule 61: funeral expenses

If an injury to an employee results in death, the employer must, in addition to the compensation deposited with the Competent Authority under the Code, pay twenty five thousand rupees to the eldest surviving dependent for the funeral. Where the employee has no dependents or was not living with a dependent at the time of death, the payment goes to the person who actually incurred the expenditure. A proviso makes the amount rise automatically if the Central Government by notification enhances the amount under section 76(7).

Rules 62 to 64: review, commutation, notice book and medical examination

  • Review without medical certificate (rule 62(1)). An application for review of half-monthly payment may be made without a medical certificate by the employer if wages have increased since the right was determined; by the employee if wages have diminished or the employer has stopped paying without change in conditions; by either on the ground that the rate was obtained by fraud, undue influence or other improper means; or by either for a mistake or error apparent on the face of the record.
  • Withholding pending decision (62(2)). On an employer's review application for reduction or discontinuance, the Competent Authority may, if there are reasonable grounds, after hearing the employee, withhold half-monthly payments in whole or in part.
  • Commutation (62(3)). The Competent Authority estimates the probable duration of disablement; the lump sum equals the half-monthly payments for that period less one-half per cent of the total for each month; fractions of a rupee are disregarded. If no estimate can be formed he may postpone decision for not more than two months at a time.
  • Notice book (rule 63). The State Government may require a class of employers to keep at the premises a notice book in Form-XX, readily accessible at all reasonable times to an injured employee and a person acting bona fide for the employee.
  • Medical examination (rule 64). An employee must submit to examination only as the rule provides. The employer may offer examination by a qualified registered medical practitioner without charge; the offer may not specify a time between 7 p.m. and 6 a.m. without the employee's express consent; an employee receiving half-monthly payment is not required to 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; after suspension of the right to compensation, the examination takes place within seventy-two hours of the employee's offer unless he consents otherwise; and no woman is medically examined by a male practitioner without her consent except in the presence of another woman, or if she deposits a sum sufficient to cover the expenses of examination by a female practitioner.

Rules 65 to 70: notices, statements and agreements

The Competent Authority's notice under section 88(1) of the fatal accident statement is in Form-XXI with a blank Form-XXII, and the employer's statement is in Form-XXII (rule 65). A memorandum of agreement sent under section 89(1) goes in duplicate in Form-XXIII, Form-XXIV or Form-XXV, as the case admits; if the authority refuses to receive it or does not acknowledge it, it is deemed duly served (rule 66). On receiving a memorandum the authority issues a notice in Form-XXVI fixing the date and place of hearing and hears the parties before deciding to record or refuse (rule 67). If he considers there are grounds to refuse, he fixes a hearing and informs the parties, by notice in Form-XXVIII or Form-XXIX where they are absent, the date being not less than seven days after issue (rule 68). A refusal needs brief written reasons, and no order for any sum beyond the agreement is passed without a chance to show cause (rule 69). A recorded memorandum is entered in the register in Form-XXX (rule 70).

Rule 71: who is the Competent Authority

The Competent Authority for this chapter is a Gazetted Officer not below the rank of Assistant Labour Commissioner with the qualification the State Government determines (rule 71(1)), with experience of at least five years of service as Assistant Labour Commissioner, or five years as quasi-judicial authority or conciliation officer as a labour enforcement officer and then promoted (rule 71(2)).

Rules 72 to 78: the claim procedure

StepRuleAs printed
Application72(2)By registered post, in person or electronically, in duplicate in Form-XXXI, Form-XXXII or Form-XXXIII, signed and verified under Order VI, Rule 15 of the Code of Civil Procedure, 1908
Documents72(3)Attached or produced at or before the first hearing
Summary dismissal72(6)For recorded reasons; a fresh application is not barred
Written statement and rejoinder72(8)Opposite party may file; applicant may file rejoinder
Evidence72(10)Affidavits with cross-examination; witnesses summoned on deposit of fees
Local inspection72(14)-(15)Notice to parties unless urgent; within working hours unless the employer permits
Indemnity claims73Notice with fee; Form-XXXIV, or Form-XXXV for a contractor
Connected cases74Common issues heard together
Fees75As determined by the State Government; may be remitted for poverty
Copies76(1)(a)Rs. 2/- per page along with Rs. 10/- for the application
Time limit77Endeavour to conclude within six months of service of notice; day-to-day hearing after six months

Rule 78 applies listed provisions of the First Schedule to the Code of Civil Procedure, 1908 so far as applicable.

A worked example

A contractor's worker at a Gorakhpur sugar mill dies of an injury at work. The principal employer deposits the compensation with the Competent Authority, pays twenty five thousand rupees to the eldest surviving dependent towards funeral expenses, files the statement in Form-XXII when the authority's Form-XXI notice arrives, and serves an indemnity notice on the contractor under rule 73 with the prescribed fee.

Common lapses

  • Treating the maternity complaint as informal: the Inspector-cum-Facilitator can direct payment within 45 days.
  • Paying compensation without the separate funeral sum in rule 61.
  • Scheduling a medical examination between 7 p.m. and 6 a.m. without the employee's consent.
  • Not serving the indemnity notice on the contractor at the time of first reply.

Need help with a compensation or maternity case?

If a claim has been filed or a complaint received, our legal dispute resolution team can map the forms, the periods and the indemnity position for you. The printed periods are short, so early attention matters.

Key takeaways

  • Maternity benefit complaint in Form-XVIII; payment direction within 45 days; appeal in Form-XIX.
  • Twenty five thousand rupees funeral payment on a fatal injury, in addition to the compensation deposit (rule 61).
  • Accident statement in Form-XXII; agreements in Forms XXIII to XXV; register in Form-XXX.
  • Claims in Form-XXXI, XXXII or XXXIII; endeavour to decide within six months.
  • Indemnity against a contractor needs a notice and fee at the first reply.

Read next

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.

Quick recapKey facts & short answers

Key Facts About And employee

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Where is a maternity benefit complaint made?

In writing in Form-XVIII to the Inspector-cum-Facilitator of the area (rule 59).

How long does the employer have to pay if benefit was improperly withheld?

The direction is for immediate payment, within a period not exceeding 45 days (rule 59(2)).

Wage records are the first thing an inspector asks for and the last thing most employers organise.

— TaxClue Labour Law Desk

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 7 questions readers ask most on this topic.

In writing in Form-XVIII to the Inspector-cum-Facilitator of the area (rule 59).

The direction is for immediate payment, within a period not exceeding 45 days (rule 59(2)).

The Regional Additional/Deputy Labour Commissioner, in Form-XIX (rule 60).

Twenty five thousand rupees, to the eldest surviving dependent or the person who actually incurred the expenditure, subject to automatic enhancement if the Central Government notifies a higher amount (rule 61).

Form-XXII, under rule 65.

Rs. 2/- per page along with Rs. 10/- for the application (rule 76).

Rule 77 requires an endeavour to conclude within six months of service of notice, and day-to-day hearing once six months have passed.