Section 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.

(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.]

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Page 2

1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
2. 1st November, 1963, vide notification No. S.O. 2920 (E), dated 5th October, 1963, see Gazette of India, Extraordinary,Part II, sec. 3 (ii).
3. Subs. by Act 52 of 1973, s. 2, for clause (a) (w.e.f. 1-3-1975).
4. Subs. by Act 61 of 1988, s. 2, for the opening paragraph (w.e.f. 10-1-1989).
5. Subs. by Act 21 of 1972, s. 2, for “Nothing contained in this Act” (w.e.f. 1-6-1972).
6. Subs. by Act 53 of 1976, s. 2, for “section 5A” (w.e.f. 1-5-1976).
7. Ins. by Act 52 of 1973, s. 4 (w.e.f. 1-3-1975).

Page 3

1. Ins. by Act 6 of 2017, s. 2 (w.e.f. 1-4-2017).
2. Subs. by Act 52 of 1973, s. 4, for clause (e) (w.e.f. 1-3-1975).
3. The word “or” omitted by Act 61 of 1988, s. 3 (w.e.f. 10-1-1988).
4. Ins. by s. 3, ibid. (w.e.f. 10-1-1988).
5. Ins. by Act 29 of 1995, s. 2 (w.e.f. 1-2-1996).

Page 4

1. Subs. by Act 29 of 1995, s. 3, for “or her miscarriage” (w.e.f. 1-2-1996).
2. Subs. by Act 61 of 1988, s. 4, for the opening paragraph (w.e.f. 10-1-1989).
3. Subs. by s. 4, ibid., for “or one rupee a day, whichever is higher.” (w.e.f. 10-1-1989).
4. Subs. by s. 4, ibid., for “one hundred and sixty days” (w.e.f. 10-1-1989).

Page 5

1. Subs. by Act 61 of 1988, s. 4, for “one hundred and sixty days” (w.e.f. 10-1-1989).
2. Subs. by, s. 4, ibid., for the days for which she has been laid off” (w.e.f. 10-1-1989).
3. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 10-1-1989).
4. Subs. by Act 6 of 2017, s. 3 for ‘‘twelve weeks of which not more than six weeks’’ (w.e.f. 1-4-2017).
5. Ins. by s. 3, ibid (w.e.f. 1-4-2017).
6. Subs. by s. 3, ibid., for “Provided that” (w.e.f. 1-4-2017)
7. Subs. by Act 61 of 1988, s. 4, for the second proviso (w.e.f. 10-1-1989).
8. Subs. by Act 6 of 2017, s. 3 for “Provided further that” (w.e.f. 1-4-2017).
9. Ins. by, s. 3, ibid (w.e.f. 1-4-2017).10. Ins. by Act 21 of 1972, s. 3 (w.e.f. 1-6-1972).11. Ins. by Act 53 of 1976, s. 3 (w.e.f. 1-5-1976).

Page 6

1. Subs. by Act 61 of 1988, s. 5, for sub-section (4) (w.e.f. 10-1-1989).
2. Subs. by Act 15 of 2008, s. 2, for section 8 (w.e.f. 15-4-2008).
3. Subs. by Act 29 of 1995, s. 4, for section 9 (w.e.f. 1-2-1996).
4. Ins. by s. 5, ibid. (w.e.f. 1-2-1996).

Page 7

1. Subs. by Act 29 of 1995, s. 6, for “or miscarriage” (w.e.f. 1-2-1996).
2. Ins. by Act 6 of 2017, s. 4 (w.e.f. 1-7-2017).
3. Subs. by Act 61 of 1988, s. 7, for clause (b) (w.e.f. 10-1-1989).

Page 8

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).

Page 9

1. Subs. by Act 61 of 1988, s. 9, for section 21 (w.e.f. 10-1-1989).
2. Subs. by s. 10, ibid., for “which may extend to three months, or with fine which may extend to five hundred rupees”(w.e.f. 10-1-1989).
3. Subs. by s. 11, ibid., for section 23 (w.e.f. 10-1-1989).

Page 10

1. Subs. by Act 52 of 1973, s. 5, for certain words (w.e.f. 1-3-1975).