17. The Mines Maternity Benefit (Amendment) Bill - Page 104

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* The Mines Maternity Benefit (Amendment) Bill

The Honourable Dr. B. R. Ambedkar (Labour Member): Sir, I move :

“That the Bill to amend the Mines Maternity Benefit Act,

1941, be taken into consideration.”

It might be desirable if I explain to the House why this amendment has become necessary. Under the Mines Maternity Benefit Act, a woman working in the mine is entitled to maternity benefit for a period of 8 weeks, at the rate of 8 annas per day. This period of 8 weeks is divided into two parts of four weeks each, one part preceding delivery and another part succeeding delivery. The four weeks before delivery is a period of optional rest during which a woman may work and get full wages or absent herself and gel the maternity benefit. With regard to the four weeks succeeding delivery, it is a period of compulsory rest during which the woman must not work. In fact it is unlawful and criminal for her to work, and be content only with the maternity benefit. Section 5 of the Maternity Benefit Act provides for the payment of maternity benefit and if Honourable members will refer to the works as they stand in line 9 of that section, they will find that the words as they stand are ‘absent from work’. Now, it has been suggested that these words, particularly ‘absent from work’ or rather ‘from work’ are words which are ambiguous and I will briefly explain to the House why it is suggested that these words ‘from work’ introduce a certain amount of ambiguity.

It is said, suppose the mine was closed by the owner on a particular day, would the woman be entitled to maternity benefit ? It is suggested that she would not be, because the implications of the words ‘absent