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The penalty for contravention of an act by an employer
The section 21 of the Act, the penalty for contravention of act by employer. If a woman having the entitlement to maternity benefits don’t receive it. Or if the employer fails to pay her the maternity benefit amount. Also, if s/ he under this act, discharges or dismisses such woman during or on account of her absence from work. In accordance with the provisions of the Act
Then he shall be punishable with imprisonment which shall not be less than three months. Therefore, the imprisonment extends to one year or fined not less than 2000 INR that also may extend or both. However, 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.
It also, states if contravention to provisions of the Act or the rules made thereunder is done by the employer. Then, he shall be liable to punishment under the Indian penal court. Elsewhere provided by or under the Act for such contravention. There can be imprisonment for extending to one year, or fine extending to five thousand or both. Where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or has not recovered the amount already. Thus, 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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