ALLOWANCE ACT, 1983

1983 · State unknown · central · act_text

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2 · . Amended by Mah . 20 of 2023 (11-4-2023)

1 · Short title, extent, commencement and application.— (1) This Act may be called the Maharashtra Workmen's Minimum House -rent Allowance Act, 1983.

2 · Definitions. — In this Act, unless the context otherwise requires,—

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 4

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 :

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 :

1 · These words were substituted for the words "in cash, alongwith his wages for the month" by Mah. 14 of 2010, s. 2.

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 relevant 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 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 · 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.

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, 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 1 [with fine which may extend to ten lakhs rupees] .

1 · These words were substituted for the words " w ith imprisonment for a term which may extend to one year , or with fine wh which may extend to two thousand rupees " by Mah . 20 of 2023 , s . 12(1) .

2 · These words substituted for the words " w ith 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) .

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.

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 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 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.

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.

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 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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