1988 : Mah. XXIII] Maharashtra Workmen’s Minimum House-Rent

Allowance Act, 1983

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT NO. XXIII OF 1988

THE  MAHARASHTRA  WORKMEN’S  MINIMUM
HOUSE-RENT  ALLOWANCE  ACT,  1983

(As modified upto the 15th September 2012)

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  CENTRAL  PRESS,  MUMBAI  400 004  AND
PUBLISHED BY  THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS,  MAHARASHTRA STATE,  MUMBAI 400  004

2012

[ Price  :  Rs.  9-00 ]

1988 : Mah. XXIII] Maharashtra Workmen’s Minimum House-Rent

Allowance Act, 1983

(i)

THE  MAHARASHTRA  WORKMAN’S  MINIMUM  HOUSE-RENT
ALLOWANCE  ACT,  1983

——————

CONTENTS

PREAMBLE

SECTIONS

1. Short  title,  extent,  commencement  and  application.

2. Definitions.

3. Appointment  of  Controlling  Authority.

4. Responsibility  for  payment  of  house-rent  allowance.

5. House-rent allowance when not payable.

6. Recovery of house-rent allowance as fine.

7. Reference  of a  dispute  under this  Act.

8. Maintenance of registers,  accounts and records.

9. Appointment  of  Inspectors.

10. Penalties  for  offences.

11. Cognizance of offences.

12.    Protection of action taken under the Act.

13. Power  to  exempt  in  special  cases.

14. Power to make rules.

15. Protection of rights under other laws or agreements.

(G.C.P.)  H  1055  (4,742—9-2012)

1988 : Mah. XXIII] Maharashtra Workmen’s Minimum House-Rent

Allowance Act, 1983

MAHARASHTRA ACT No.  XXIII OF 19881

1

Short  title,
extent,
commence-
ment    and
application.

[THE MAHARASHTRA WORKMEN’S MINIMUM HOUSE-RENT ALLOWANCE ACT, 1983.]

[This  Act  received  the  assent  of  the  President  on  the  5th  October  1988  ;
assent  was  first  published  in  the  Maharashtra  Government  Gazette,  Part  IV,
Extraordinary,  on the  17th October  1988.]

Amended  by  Mah.  14  of  2010  (30-4-2010)

An Act to provide for payment of minimum house-rent allowance to workmen

employed  in  industries  in  Maharashtra.

WHEREAS, it is expedient to provide for payment of minimum house-rent
allowance to workmen employed in industries in Maharashtra and to provide
for matters connected therewith; It is hereby enacted in the Thirty-fourth Year
of  the  Republic  of India  as  follows  :—

1.

(1) This  Act  may  be  called  the  Maharashtra  Workmen’s  Minimum

House-rent  Allowance  Act,  1983.

(2)  It  extends  to  the whole  of  the  State  of  Maharashtra.

(3) It shall come into force on such date2 as the State Government may, by
notification  in  the  Official  Gazette,  appoint,  and  different  dates  may  be
appointed for different areas in the State and for different industries or classes
of  industries.

(4)  It  shall  apply  in  the  area  in  which  it  is  in  force  to  every  factory  or
establishment in an industry, in respect of which a notification is issued under
sub-section  (3),  where,  in  relation  to  any  industrial  dispute  concerning  such
industry,  the  State  Government  is  the  appropriate  Government  under  sub-
clause (ii) of clause (a) of section 2 of the Industrial Disputes 1947, or to which
the  provisions  of  the  Bombay  Industrial  Relations  Act,  1946,  apply,  and  in
which factory or establishment fifty or such higher number of workmen as may
be  specified  by  the  State  Government  by  notification  in  the  Official  Gazette,
are  employed.

XIV
o f
1947.
Bom.
XI  of
1947.

(5) Notwithstanding anything contained in sub-sections (3) and (4), the State
Government may, after giving not less than two months’ notice of its intention
to  do  so,  by  notification  in  the  Official  Gazette,  and  after  considering  any
objections  and suggestions  which may  be  received, by  like notification,  apply
from a specified date the provisions of this Act to any factory or establishment
in  any  industry  or  industries  specified  in  the  notification,  wherein  less  than
fifty workmen, but not less than such number of workmen as may be specified
in the notification,  are employed.

(6)  Once  the  provisions  of  this  Act  apply  or  are  applied  to  any  factory  or
establishment in any industry under this section, they shall continue to apply
to such factory or establishment, notwithstanding that the number of workmen
employed therein falls below fifty or such higher or lesser number of workmen
as  may be  specified  under the  notification  issued  under sub-section  (4)  or  (5)
as  the  case  may  be.

Explanation.—For computing the number of workmen employed in any industry
for  the  purposes  of  this  section,  the  number  of  workmen  employed  in  all  the
branches  and  units  of  the  factories  and  establishment  in  the  industry  in  the

1  For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,

1988,  Part  V,  Extraordinary,  p.  404.

2  1st  day  of  January  1991  (vide  G.N.,  I.E.  &  L.D.,  No.  HRA-1084/9498(i)/Lab.  2,

Ex.(Part  I-L),  P.  474,  dated  26.12.1990.

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Maharashtra Workmen’s Minimum House-Rent
Allowance Act, 1983

[1988 : Mah. XXIII

State  of  Maharashtra  shall  be  taken  into  consideration,  and  if  there  is  any
doubt  or  dispute,  the  matter  shall  be  referred  to,  and  decided  by,  the  State
Government or any officer authorised by it in this behalf, and its or his decision,
as  the  case  may be,  shall  be  final.

Definitions.

2.

In  this Act,  unless the  context otherwise  requires,—

(a) “Controlling Authority” means the Authority appointed by the State

Govenment under section 3 ;

(b) “employer”, in relation to any factory or establishment in any Industry
means the person or authority, who has the ultimate control over this affairs
of the industry, and includes the Manager, Managing Director or any other
person  (by  whatever  name  called)  who  is  responsible  to  the  owner  for  the
supervision and control of the workmen employed therein ;

(c) “establishment”  means  an  establishment  as  defined  in  the  Bombay

Shops  and  Establishment  Act,  1948 ;

(d) “factory”  means  a  factory  as  defined  in  the  Factories  Act,  1948 ;

(e) “industry”  means  an  industry  as  defined  in  the  Industrial  Disputes

Act,  1947 ;

(f) “months” means a months as defined in the Bombay General Clauses

Act,  1904 ;

(g) “prescribed”  means  prescribed  by  rules  made  under  this  Act ;

(h) “wages”  means  basic  wages  and  dearness  allowance ;

(i) “workman”  means  a  workman  as defined  in  the  Industrial  Disputes
Act,  1947,  or  an  employee  as  defined  in  the  Bombay  Industrial  Relations
Act,  1946,  as  the  case  may  require ;

(j) words and expressions used in this Act, but not defined herein, shall
have the meanings assigned to them in the Industrial Disputes Act, 1947,
or  the  Bombay  Industrial  Relations  Act,  1946,  as  the  case  may  require.

Bom.
LXXIX
of  1948.

LXIII
o f
1948.
XIV
o f
1947.
I  of
1904.

XIV
o f
1947.
Bom.
XI  of
1947.
XIV
o f
1947.
Bom.
XI  of
1947.

Appointment
of  Controlling
Authority.

3. The  State  Government  may,  by  notification  in  the  Official  Gazette,
appoint an officer, not below the rank of Assistant Commissiner of Labour, to
be the Controlling Authority for the administration of this Act and for carrying
out  the  purposes  of  this  Act,  and  different  Controlling  Authorities  may  be
appointed  for  different areas  or  for  different  industries,  or in  the  same  areas
or  different  industries or  for  the  same  industry in  different  areas.

Responsibility
for  payment
of  house-rent
allowance.

4.

(1) Every  employer  shall  pay  to  every  workman  employed  by  him  a
house-rent allowance which shall not be less than five per cent. of the wages
payable  to  the  workman  for  his  services  during  a  month,  or  twenty  rupees,
whichever is higher :

Provided that in case a workman renders service for less than a month, the

house-rent allowance  shall be payable to  him pro rata  :

Provided further that the service during a months shall include the day on

which—

1988 : Mah. XXIII] Maharashtra Workmen’s Minimum House-Rent

Allowance Act, 1983

3

XX  of
1946.
XIV
o f
1947.
Bom.
XI  of
1947.

(a) the workman has been laid off under an agreement or as permitted
by the Standing Orders made  under the Industrial Employment (Standing
Orders)  Act,  1946,  or  the  Industrial  Disputes  Act,  1947,  or  the  Bombay
Industrial Relations Act, 1946, or under any other law for the time being in
force ;

(b) he was unable to work due to look-out or cessation of work, for which

the employer  pays wages ;

(c) he  has  been  absent  due  to  his  temporary  disablement,  because  of

accident arising out  of and in the course  of his employment ;

(d) he has been on any authorised leave including weekly or other declared

holiday,  sick  leave  or  permissible  casual  or  optional  leave ;

(e) he has been on any kind of leave with wages;

(f) in  the  case  of  a  female  workman,  she  has  been  on  maternity  leave,
so, however, that the total period of such leave including sick leave, weekly-
offs etc. does not exceed twelve weeks.

(2)  The  house-rent  allowance  payable to  a  workman  under  sub-section  (1)
shall be paid to him, 1[alongwith his wages for the month, either by an account
payee cheque drawn in favour of the workman or by crediting the same in the
bank account of the workman].

(3) Notwithstanding anything contained in sub-section (1), a workman, who
is  entitled  to  draw  under  the  terms  of  his  service  or  under  any  agreement,
settlement  or  award,  a  house-rent  allowance  at  a  higher  rate  than  that
provided  in  sub-section  (1),  shall  continue  to  draw  the  same  at  such  higher
rate.

(4)  Where  a  workman  is  provided  residential  accommodation  by  the

employer and  a deduction  is made therefor  from his  wages, then—

(a) if  the  amount  deducted  for  such  accommodation  is  higher  than  the
house-rent allowance admissible under sub-section (1), the deduction shall
be reduced by the amount mentioned in that sub-section, and no house-rent
allowance shall  be payable to such  workman; and

(b)  if  the  amount  deducted  is  less  than  the  house-rent  allowance
admissible,  under  sub-section  (1),  the  said  allowance  shall  be  reduced  by
the  amount deducted,  and  the balance  shall be  paid  to the  workman.

5. Where  a  workman  is  provided  with  residential  accommodation  by  the
employer and no deduction is made therefor from his wages, the employer shall
not be required to pay house-rent allowance to such workman as required by
section  4.

House-rent
allowance
when  not
payable.

6.

(1)  If  the  house-rent  allowance  payable  under  this  Act  is  not  paid  by
the  employer  within  the  prescribed  period,  the  workman  or  any  person
authorised by him in writing in this behalf, or, in case of his death, his heir or
legal representative, may, without prejudice to any other mode of recovery, make
an application, in such form and in such manner as may be prescribed, to the
Controlling Authority having jurisdiction, for the recovery of the amount of the
house-rent allowance due to him from the employer :

Provided  that  such  application  shall  be  made  within  a  period  of  one  year

from the  date house-rent allowance became  due :

1 These  words  were  substituted  for  the  words  “in cash,  alongwith  his  wages  for  the  month”  by

Mah.  14  of  2010,  s.2.

Recovery  of
house-rent
allowance
as  fine.

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Allowance Act, 1983

[1988 : Mah. XXIII

Provided further  that such  application may  be entertained,  after expiry  of
the  said  period  of  one  year,  if  the  Controlling  Authority  is  satisfied  that  the
workmen had  sufficient cause  for not  making the  application in  time.

(2) The Controlling Authority to whom as application under sub-section (1)
is  made  may,  after  giving  the  applicant  and  the  employer  concerned  a
reasonable opportunity of being heard and after making such further inquiry
as may be considered necessary, determine the amount of house-rent allowance
due to the applicant and may, by order, direct, without prejudice to any other
action which may be taken under this Act or any other law for the time being
in force against  the employer, the payment  to the applicant of  the amount of
house-rent  allowance  as  so  determined.

(3) An appeal shall lie, in the prescribed manner and within the prescribed
period, from an order of the Controlling Authority dismissing any application
made  under  sub-section  (1)  or  giving  any  direction  under  sub-section  (2),  to
such  Appellate  Authority,  not  below  the  rank  of  Deputy  Commissioner  of
Labour, as the State Government may, by notification in the Official Gazette,
appoint  in  this  behalf  and  different  Appellate  Authorities  may  be  appointed
for  the  same or  different  industries  or  for  the same  or  different  areas.

(4) Any order made by the Controlling Authority under this section, subject
to an appeal to the Appellate Authority, and any order made by the Appellate
Authority on any such appeal, shall be final.

(5)  Any  amount  of  the  house-rent  allowance  found  due  and  directed  to  be
paid  by  any  order  made  under  this  section,  which  has  become  final,  may  be
recovered by any Judicial Magistrate to whom the Controlling Authority makes
an application in this behalf, as if it were  a fine imposed by such Magistrate
and shall be paid to the applicant concerned or his heir or legal representative,
as  the  case  may  be.

7. Where  any  dispute  arises  between  an  employer  and  any  workman  or
workmen with  respect to  the house-rent  allowance payable  under this  Act or
with  respect  to  the  application  of  this  Act  to  any  factory  or  establishment  in
any industry or to any workmen employed therein, such dispute shall be deemed
to be an industrial dispute within the meaning of the Industrial Disputes Act,
1947, or the Bombay Industrial Relations Act, 1946, as the case may require,
and  the  provisions  of  the  relevant  Act,  shall  mutatis  mutandis,  apply  for
investigation  and  settlement  of  such  dispute.

8. Every employer to whom the provisions of this Act apply shall maintain
such registers, account books and records giving such particulars of workmen
employed  by him,  the  wages and  house-rent  paid to  them,  the receipts  given
by them and such other particulars and in such manner and form, as may be
prescribed.

9.

(1) The State  Government may, by  notification in  the Official  Gazette,
appoint  such persons  as  it  thinks fit  to  be Inspectors  for  the  purposes of  this
Act, and define the local limits within which they shall exercise their functions
under the supervision of the Controlling Authority concerned.

(2) For the  purpose of ascertaining whether  any provisions of this  Act are
being complied with or not, an Inspector may, within the local limits for which
he  is  appointed,—

(a) enter,  at  all  reasonable  hours,  with  such  assistants  (if  any),  being
persons  in  the  service  of  the  Government  or  any  local  or  other  public

XIV
o f
1947.
Bom.
XI  of
1947.

Reference
of  a  dispute
under  this
Act.

Maintenance
of  registers,
accounts  and
records.

Appointment
o f
Inspectors.

1988 : Mah. XXIII] Maharashtra Workmen’s Minimum House-Rent

Allowance Act, 1983

5

authority,  as  he  thinks  fit,  any  premises  or  place  of  a  factory  or
establishment  in  an  industry  for  the  purpose  of  examining  any  registers,
account  books and  other  records required  to  be  kept under  this  Act or  the
rules made thereunder and require any one found in charge thereof to produce
before him for examination any registers, account books and other records
relating to the employment of the workmen and the payment of wages and
house-rent allowance  to them ;

(b) examine, with respect to any matter relevant to any of the purposes
aforesaid, the employer, his agent or servant or any other person in charge
of  the  factory  or  establishment  or  the  records  or  any  person  whom  the
Inspector  has  reason  to  believe  to  be  or  to  have  been  a  workman  in  that
factory  or  establishment ;

(c) seize or take copies of such registers, account books or other records
or  portions  thereof  as  he  may  consider  relevant  in  respect  of  any  offence
under this Act, which he has reason to believe has been committed by any
employer or other person ;

(d) require  the  employer  or  his  agent  or  servant  or  any  workman  to

furnish such further information  as he thinks fit;

(e) exercise such other powers and discharge such other functions as may

be  prescribed.

(3) Any  person  required  to  produce  any  registers,  account  books  or  other
records or to give any information, which is in his power to produce or give, to
an Inspector as required by him under sub-section (2), shall be legally bound
to  do  so.

10.

(1) Whoever, for the purposes of avoiding any payment to be made by
himself under this Act, or of enabling any other person to avoid such payment,
knowingly  makes  or  causes  to  be  made  any  false  statement  or  false
representation or false entry in any register, account book or other record shall,
on conviction, be punished with imprisonment for a term which may extend to
one  year,  or  with  fine  which  may  extend  to  two  thousand  rupees,  or  with
both.

(2) Any person who contravenes, or makes default in compliance with, any
other provision of this Act shall, on conviction, be punished with imprisonment
for a term which may extend to six months, or with fine which may extend to
one thousand rupees, or with both.

Penalties
for
offences.

11.

(1) No Court shall take cognizance of an offence punishable under this
Act, except on a complaint made by the Controlling Authority or an Inspector
or by any officer  of the State Government authorised by  it in this behalf.

Cognizance
of  offences.

(2) No Court inferior to that of a Metropolitan Magistrate or a Magistrate

of  the  First Class  shall  try  any  offence  punishable under  this  Act.

12. No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the
Controlling Authority, any Inspector or any other person for anything which is
in good faith done or intended to be done in pursuance of this Act or any rules
or orders made thereunder.

Protection
of  action
taken
under  the
Act.

13.

(1) Notwithstanding  anything  contained  in  this  Act,  the  State
Government  may,  by  order  published  in  the  Official  Gazette,  and  subject  to
such conditions and restrictions, if any, and for such period or periods, as may
be specified  in the order  direct that the  provisions of  this Act shall  not apply
to  any specified  factory  or  establishment or  to  any  specified class  of  factories

Power  to
exempt  in
special
cases.

6

Maharashtra Workmen’s Minimum House-Rent
Allowance Act, 1983

[1988 : Mah. XXIII

or  establishments  in  any  industry,  if  it  is  satisfied  that  it  is  just  and  proper
so to do in the public interest or for any special reasons having regard to the
more  favourable  conditions  of  employment  in  such  factory  or  factories  or
establishment or establishments or to the financial position and other relevant
circumstances of such factory or factories or establishment or establishments,
as  the  case  may  be.

(2) Any order made under this section may be made so as to be retrospective
to  any  date  not  earlier  than  the  date  on  which  the  Act  became  applicable
to  that  factory  or  factories  or  establishment  or  establishments,  as  the  case
may  be.

Power  to
make  rules.

14.

(1) The  powers  to  make  all  rules  under  this  Act  shall  be  exercisable
by the State Government by notification in the Official Gazette, subject to the
condition of  previous publication.

(2) Without  prejudice  to  any  power  to  make  rules  contained  elsewhere  in
this  Act,  the  State  Government  may  make  rules  generally  to  carry  out  the
purposes of this Act. Such rules may provide for payment of fees for any of the
purposes  of this  Act, for  which no  provision  is made  in this  Act.

(3) Every rule made under this Act shall be laid as soon as may be after it
is made before each House of the State Legislature while it is in session for a
total  period  of  thirty  days,  which  may  be  comprised  in  one  session  or  two  or
more successive sessions and if, before the expiry of the session in which it is
so laid or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
and notify such decision in the Official Gazette, the rule shall from the date of
publication of such notification, have effect only in such modified form or be of
no  effect,  as  the  case  may  be,  without  prejudice  to  the  validity  of  anything
previously done or omitted to be done under that rule.

Protection
of  rights
under  other
laws  or
agreements.

15. Nothing contained  in this Act  shall adversely  affect any rights  of the
workmen or their representatives to demand or to get or to raise an industrial
dispute under any agreement or any other law for the time being in force, for
better  service  conditions  relating  to  housing  accommodation  or  house-rent
allowance, in  addition to  those provide  under this  Act.

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Maharashtra Workmen’s Minimum House-Rent
Allowance Act, 1983

[1988 : Mah. XXIII

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