Maternity Benefit Act,1961
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.]