Section 21 — Penalty for contravention of Act by employer.

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[21. Penalty for contravention of Act by employer.—(1) If any employer fails to pay any amount 

of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or 

on account of her absence from work in accordance with the provisions of this Act, he shall be punishable 

with imprisonment which shall not be less than three months but which may extend to one year and with 

fine which shall not be less than two thousand rupees but which may extend to five thousand rupees: 

Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of 

imprisonment for a lesser term or fine only in lieu of imprisonment. 

                                                           
1. Subs. by Act 61 of 1988, s. 8, for sub-sections (1) and (2) (w.e.f. 10-1-1989).  

2. Subs. by s. 8, ibid., for sub-section (5) (w.e.f. 10-1-1989).   
3. Subs. by s. 9, ibid for section 21 (w.e.f. 10-1-1989).  



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(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no 

other penalty is elsewhere provided by or under this Act for such contravention, be punishable with 

imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or 

with both: 

Provided that where the contravention is of any provision regarding maternity benefit or regarding 

payment of any other amount and such maternity benefit or amount has not already been recovered, the 

court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to 

the person entitled thereto.]