The Maharashtra Workmen's Minimum House Rent Allowance Act, 1983

THE MAHARASHTRA WORKMEN’S MINIMUM HOUSE RENT 
ALLOWANCE ACT,1983. 
 (MAHARASHTRA ACT NO.XXIII OF 1988) 
Areas (Received the assent of the President on 5th 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 Re public 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 shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint, and different dates may be appointed for 
different areas in the State 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 ind ustry, the State 
Government is the appropriate authority under sub-clause (ii) of Clause (a) of Section 2 of 
the Industrial Disputes Act, 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 workmen as may be specified by the State 
Government by notification in the Official Gazette, are employed. 
              (5)  Notwithstanding anything jcontained 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 s pecified 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 jthat the number of workmen emp loyed 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 establishments in the industry in the State of Maharashtra shall 
be taken into consideration, and if there is any doubt or dispute, the matter s hall be 
referred to, and decided by, the State Government or any officer authorized 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 the 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; 
(a) “establishment” means an establishment as defined in the Bombay Shops and  
Establishments Act, 1948 (Bom. LXX-IX 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)  “month” means a month 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; Industrial 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 Industr ial Disputes Act, 1947 (XIV of 
1947) or the Bombay Industrial Relations Act, 1946, (Bom. XI of 1947) as 
the case may require. 
3.  Appointment of Controlling Authority. -  The State Government may, be 
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 dif ferent industries, or in the same areas for 
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 wh ich shall not be 
less that 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 month shall include the days 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 9XIV 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 lock -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 authorized 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, in cash, along with his wages for the month.  
(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 therefore 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 s hall 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 r educed 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 therefore from his 
wages, the emplo yer 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 authorized 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 prescri bed, to the Controlling 
Authority having jurisdiction, for 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 one year from the 
date of the 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 workman had 
sufficient cause for not making the application in time. 
(2)  The Controlling Au thority to whom an 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 ho use 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 dif ferent 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.  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 indus trial 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 relevant Act, shall mutates 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 records 
giving such particulars of workmen employed by him, t he 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 su ch 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 wheth er 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 o r 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 required to be kept under this Act or the rules made 
thereunder and r equire 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 ma tter 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 regis ters, 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 purpo ses 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. 
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 authorized by it in this behalf. 
(2)  No Court inferior to that of a Metropolitan Magistrate or a Magistrate of th e 
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 exempt 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 specifie d class of factories 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 e stablishment or establishments or to the financial position 
and other relevant circumstances of such factory or factories 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 ea rlier 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 power to make all rules under this Act shall 
be exercisable by the State Governm ent 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 thi s 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 i n 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. 
 15.  Protection of rights under other laws or agreements. -  Nothing 
contained in this Act shall adversely affect any right s 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 provided under this 
Act. 
************ 
THE MAHARASHTRA WORKMEN’S MINIMUM HOUSE RENT 
ALLOWANCE RULES,1990 
 No.HRA.3088/9498/Lab-2- In exercise of the powers conferred by sub -sections 
(1) and (3) of section 6, section 8 and sub -sections (1) a nd (2) of section 14 of the 
Maharashtra Workmen‟s Minimum House Rent Allowance Act, 1983 (Mah. XXIII of 
1988) (hereinafter referred to as “the said Act”) and of all other powers enabling it in this 
behalf, Government of Maharashtra makes the following rule s the same having been 
previously published as required by section 14(1) of the said Act. 
1.  Short title and commencement. - (1)  These rules may be called the 
Maharashtra Workmen’s Minimum House Rent Allowance Rules, 1990. 
 (2)  They shall come into force on and from the Ist day of January 1991. 
2.  Definitions.- (1)  In these rules, unless the context otherwise requires,- 
(a) “Act” means the Maharashtra Workmen‟s House Rent Allowance Act, 
1983 (Mah. XXIII of 1988); 
(b) “Appellate Authority” means such authority a s may be appointed by the 
State Government in this behalf under sub-section (3) of section 6.; 
(c) “Form” means a form appended to these rules; 
(d) “Inspector” means any person appointed as Inspector under sub -section 
(1) of section 9; and 
(e) “Section” means a section of the Act. 
(2)  All words and expression used in these rules, unless otherwise defined, 
shall have the same meaning as assigned to them in the Act. 
3.  Manner and time of payment of house rent allowance. -  The house rent 
allowance payable to a workman u nder section 6 for any month shall be paid within ten 
days of the month next following. 
4.  Maintenance of register of house rent allowance. - Every employer shall 
maintain a register of house rent allowance in Form “A”. 
Provided that, it will be sufficient  compliance with the provision of this rule if the 
employer maintains record of payment of house rent allowance in any other register 
relating to payment of wages which he is required to maintain under any other law for the 
time being in force and the fact  of maintenance of such register is intimated to the 
Controlling Authority concerned. 
5.  Application for recovery of house rent allowance. - (1)  The application 
under sub-section (1) of section 6 for recovery of unpaid house rent allowance shall be in 
“Form B”, and each workman shall submit a separate application; 
Provided that where a large number of workmen are involved, a single application 
may be made by a person authorized by different workmen or their legal representatives. 
(2)  The application in “F orm B” shall be served on the Controlling Authority 
concerned in triplicate either by personal service with receipt thereof or by registered post 
with acknowledgement due. 
6.  Procedure for dealing with application for recovery of house rent 
allowance.- (1)  On receipt of an application under rule 5 the Controlling Authority shall, 
by issuing a notice in “Form C” and call upon the applicant as well as the employer 
concerned to appear before him on a date specified in the notice, not being less than 14 
days after the date of service of the notice, either personally or through his authorized 
representative together with all relevant documents and witnesses if any; 
Provided that, the date fixed for hearing may be extended by the Controlling 
Authority either suo-motu or on an application made by either of the parties. 
(2)  Any person desiring to act on behalf of an employer of a workman, his 
authorized representative or legal representative, as the case may be, shall, present to the 
Controlling Authority a letter of Authority from the employer or the person concerned, as 
the case may be, on whose behalf he seeks to act, together with a Written Statement, 
explaining his interest in the matter and praying for permission so to act on behalf of such 
person, and the Co ntrolling Authority, shall record thereon an order either according to 
his approval or specifying in the case of refusal to grant the permission prayed for, the 
reasons for the refusal. 
(3)  After completion of hearing on the date fixed under sub -rule (1), or after such 
further evidence, examination of documents or witnesses and hearing, as may be deemed 
necessary, the Controlling Authority shall record his finding as to whether any amount is 
payable to the applicant under the Act and a copy of the finding shall be given to each of 
the parties. 
(4)  If the employer concerned fails to appear on the specified date of hearing 
without sufficient ground, the Controlling Authority may proceed to hear the application 
ex-parte and if the applicant fails to appear on  the specified date of hearing without 
sufficient ground, the Controlling Authority may dismiss the application; 
Provided that, an order under this sub -rule may, on good cause being shown 
within thirty days of the said order, be reviewed and the applicatio n be reheard after 
giving 14 days‟ notice to the opposite party of the date fixed for rehearing of the 
application. 
7.  Direction for payment of house -rent allowance. -  If a finding is recorded 
under sub -rule (3) of rule 6 that the applicant is entitled to  payment of house rent 
allowance under the Act, the Controlling Authority shall issue a notice to the employer 
concerned in “Form D” specifying the amount payable and directing payment thereof to 
the applicant under intimation to the Controlling Authority within thirty days from the 
date of receipt of the notice and a copy of the notice shall be endorsed to the applicant, 
workman, his authorized representative or his legal representative, as the case may be. 
 8.  Appeal from the order of Controlling Authojr ity.- (1)  The appeal under 
sub-section (3) of section 6 shall be in the form of a memorandum setting forth concisely 
the facts of the case, grounds of objection to the order or direction against which the 
appeal is preferred and the relief sought for, and  every such memorandum of appeal shall 
be accompanied by a certified copy of the order or direction of the Controlling Authority 
which is the subject matter of the appeal. 
(2)  A copy of the memorandum of appeal under sub -rule (1) shall be served by the 
appellant on all the opposite parties including the Controlling Authority, either by 
personal service after obtaining receipt or by registered post with acknowledgement due. 
(3)  Within fourteen days of the receipt of a copy of the memorandum of appeal. 
(a) the Controlling Authority shall forward all the records of the case against which the 
appeal has been preferred, to the Appellate Authority; and 
(b) the opposite party shall submit his Written Statement containing comments on each 
paragraph of the memorandum o f appeal and additional pleas, if any, to the Appellate 
Authority and the opposite party shall serve a copy of his Written Statement on the 
appellant either by personal service after obtaining receipt or by registered post with 
acknowledgement due. 
(4)  The Appellate Authority shall record its decision after giving the parties to the 
appeal a reasonable opportunity of being heard and shall forward a copy of the decision to 
the parties concerned and the Controlling Authority and the records of the Controllin g 
Authority received under sub-rule (3) shall be returned to him by the Appellate Authority 
while forwarding a copy of the decision to him under this rule; 
Provided that, if the appeal is disposed of a ex -parte or struck out or dismissed for 
default, the Appellate Authority may, within 30 days from the date of the order, restore it, 
to file if sufficient cause be shown for non -appearance on the date of the hearing of the 
appeal of the respondent or of the appellant, as the case may be. 
(5)  On receipt of th e decision of the Appellate Authority, the Controlling 
Authority shall, if required under that decision, modified his direction under rule 7 and 
issue a notice in Form „E‟ specifying the amount payable and directing payment thereof 
to the applicant, under intimation to the Appellate Authority within fifteen days from 
receipt of the notice by the employer and a copy of the notice shall be endorsed to the 
applicant workman, his authorized person or legal representative, as the case may be, and 
to the Appellate Authority. 
9.  Maintenance of records of cases by the Controlling Authority. - (1)  The 
controlling Authority shall record the particulars of each case in Form „F‟ and at the time 
of passing order shall sign and date the particulars so recorded. 
(2)  The Controlling Authority shall, while passing order in each case, also record 
the substance of the evidence adduced in the case as an appendix to the order. 
(3)  Any record, other than a record of and order or direction which is required by 
these rules to be signed by the Controlling Authority, may be signed on his behalf and 
under his direction by any subordinate officer appointed in writing for this purpose by the 
Controlling Authority. 
10.  Inspection and copies of decisions, records and documents. - (1)  A 
workman, or a Trade Union or an employer shall be entitled to have inspection of any 
document filed with the Controlling Authority. 
(2)  An application for inspection of a document with the Controlling Authority 
shall be accompanied with a fee of two rupees. 
(3)  A workman, Trade Union or an employer desiring to have a copy of any 
document with the Controlling Authority shall make an application accompanies with a 
fee of two rupees. 
(4)  Certified copies of documents shall be given to the applicant on payme nt of 
one rupee for document containing 100 words or fraction thereof. 
11.  Register of application for copies. -  Application for copies shall be 
numbered consecutively and entered in a register maintained for the purpose is Form „H‟. 
12.  Register of Work men.-  Every employer shall maintain a Register of 
Workmen in “Form I” showing therein the names of all his workmen and the days of the 
months on which such workmen were in service or for which such workmen earned 
wages; 
 Provided that, it will be sufficie nt compliance with the provision of this rule if 
the information under this rule is maintained in any other register that the employer is 
required to maintain under any other law for the time being in force and the fact of 
maintenance of such register is intimated to the controlling Authojrity. 
 13.  Visit Book .- (1)  Every employer shall maintain a visit book in which an 
Inspector visiting the industry may record his remarks regarding any defect that may 
come to his notice at the time of his visit, regardi ng any documents required to be 
maintained or produced under the provisions of the Act or these rules.  If the Inspector 
has no remarks to pass he may simply sign the visit book mentioning the date and time of 
his visit. 
(2)  The visit book shall be a boun d book the pages of which shall be 
consecutively numbered; 
Provided that no separate visit book shall be necessary in the case of an employer 
who is required to maintain a visit book under the provisions of the Maharashtra 
Minimum Wages Rules, 1963 or Maharashtra Shops and Establishments Rules, 1961. 
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