The Maharashtra Workmen's Minimum House-rent Allowance Act, 1983.

1988 : Mah. XXIII]  1 
 
THE MAHARASHTRA WORKMAN’S MINIMUM HOUSE-RENT 
ALLOWANCE ACT, 1983 
        [Text as on 23rd May 2025] 
 ————— 
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.  
  
2        The Maharashtra Workmen’s Minimum House-rent        [1988 : Mah. XXIII 
Allowance Act, 1983                                                                               
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1988 : Mah. XXIII] The Maharashtra Workmen’s Minimum House-rent                    3 
                                                                   Allowance Act, 1983 
LIST OF AMENDMENT ACTS 
 1. Amended by Mah.  14 of 2010 (30-4-2010) 
 2. Amended by Mah. 20 of 2023 (11-4-2023) 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4        The Maharashtra Workmen’s Minimum House-rent        [1988 : Mah. XXIII 
Allowance Act, 1983                                                                               
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1988 : Mah. XXIII] The Maharashtra Workmen’s Minimum House-rent                    5 
                                                                   Allowance Act, 1983 
MAHARASHTRA ACT No. XXIII OF 19881 
[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.] 
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.  Short title, extent, commencement and application. — (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 sha ll come into force on such dat e2 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 a ppropriate Government under sub -
clause (ii) of clause ( a) of section 2 of the Industrial Disputes 1947  (XIV of 1947) , or to which the 
provisions of the Bombay Industrial Relations Act, 1946  (Bom. XI of 1947) , apply, and in which 
factory or establishment fifty or such higher number of wo rkmen as may be specified by the State 
Government by notification in the Official Gazette, are employed.  
(5) Notwithstanding anything contained in sub -sections (3) and ( 4), the State Government may, 
after giving not less than two months’ notice of its int ention 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 est ablishment 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  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. 
2.  Definitions.— In this Act, unless the context otherwise requires,—  
(a) “Controlling Authority” means the Authority appointed by the State Government 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 
                                                   
1  For Statement of Objects and Reasons,  of the L. A. Bill No. XL of 1983, see Maharashtra Government Gazette 1988, 
Part V, Extraordinary no. 49 dated 4th August 1983, 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. 
6        The Maharashtra Workmen’s Minimum House-rent        [1988 : Mah. XXIII 
Allowance Act, 1983                                                                               
Manager, Managing Director or any other person (by whatever name called) who is resp onsible 
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 (Bom. LXXIX of 1948) ;  
(d) “factory” means a factory as defined in the Factories Act, 1948 (LXIII of 1948) ;  
(e) “industry” means an industry as defined in the Industrial Disputes Act, 1947  (XIV of 
1947) ;  
(f) “months” means a months as defined in the Bombay General Clauses Act, 1904   
(I of 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   
(XIV of 1947 ), or an employee as defined in the Bombay Ind ustrial Relations Act, 1946   
(Bom. XI of 1947), 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  (XIV of 1947) , or the Bombay Industr ial 
Relations Act, 1946 (Bom. XI of 1947), as the case may require. 
3.  Appointment of Controlling Authority.— The State Government may, by notification in the 
Official Gazette, appoint an officer, not below the rank of Assistant Commissioner 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. 
4.  Responsibility for payment of house -rent allowance.— (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— 
(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  (XX of 1946), or the 
Industrial Disputes Act, 1947  (XIV of 1947) , or the Bombay Industrial Relations Act, 1946  
(Bom. XI of 1947), 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.  
1988 : Mah. XXIII] The Maharashtra Workmen’s Minimum House-rent                    7 
                                                                   Allowance Act, 1983 
(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 admi ssible, under  
sub-section ( 1), the said allowance shall be reduced by the amount deducted, and the balance 
shall be paid to the workman. 
5.  House-rent allowance when not payable. — 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.  
6.  Recovery of house-rent allowance as fine. — (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 : 
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 t aken 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 sectio n, 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 h as 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 representa tive, as the case 
may be.  
                                                   
1  These words were substituted for the words “in cash, alongwith his wages for the month” by Mah. 14 of 2010, s. 2. 
8        The Maharashtra Workmen’s Minimum House-rent        [1988 : Mah. XXIII 
Allowance Act, 1983                                                                               
7.  Reference of a dispute under this Act.— 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  (XIV of 1947), or the Bombay Industrial Relations Act, 1946  (Bom. XI 
of 1947), as the case may require, and the provisions of the r elevant Act, shall mutatis mutandis, apply 
for investigation and settlement of such dispute.  
8.  Maintenance of registers, accounts and records.— Every employer to whom the provisions 
of this Act apply shall maintain such registers, account books and reco rds 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.  Appointment of Inspectors.— (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 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 re quired 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 t his 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.  Penalties for offences.— (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, knowin gly 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  1[with fine which may exte nd to ten lakhs 
rupees].  
(2) Any person who contravenes, or makes default in compliance with, any other provision of this 
Act shall, on conviction, be punished 2[with fine which may extend to ten lakhs rupees].  
                                                   
1  These words were substituted for the words “with imprisonment for a term which may extend to one year, or with fine 
which may extend to two thousand rupees” by Mah. 20 of 2023, s. 12(1). 
2  These words substituted for the words “with imprisonment for a term which may extend to six months, or with fine 
extend to one thousand rupees, or with both” by Mah. 20 of 2023, s. 12(2). 
1988 : Mah. XXIII] The Maharashtra Workmen’s Minimum House-rent                    9 
                                                                   Allowance Act, 1983 
11.  Cognizance of offences. — (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.  
(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.  Protection of action taken under the Act. — 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. 
 13.  Power to e xempt in special cases. — (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 or establishments in any industry, if it is satisfied that it is just and proper so to do in the 
public int erest 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 est ablishment 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. 
14.  Power to make rules.— (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 no tify 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.  
15.  Protection of rights under other laws or agreements. — 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 unde r 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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