Rule 63. Authority to whom a complaint may be filed under sub-section(1) and an appeal may be preferred under sub-section (3) of Section 72

(1) Complaint under Section 72 :

(a) A complaint under Section 72 shall be made in writing in Form – XXIV .

(b) When a complaint referred to in Section 72 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 the amount has been improperly withheld, he shall direct the employer to make the payment to the woman or to the person claiming the payment under Section 63, as the case may be, immediately or within a specified period.

(2) Appeal under Section 72 :

(a) An appeal against the decision of the Inspector-cum-Facilitator under Section 72 shall lie to the Competent Authority.

(b) The aggrieved person shall prefer an appeal in writing to the Competent Authority in Form-XXV and file other supporting documents within stipulated period.

(c) When an appeal is received, the Competent Authority shall call from the Inspector-cum-Facilitator before a fixed date, the record of the case. 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 documents, the evidence produced before him and the facts presented to him or ascertained by him, the prescribed Authority shall give his decision.