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

The Object of this Act is to provide for minimum HRA is to workmen working in the industries in Maharashtra and to deal with several other matters connect to it 

APPLICABILITY

·         It is applicable to every factory as defined under Factories Act or an establishment in an industry in the areas in Maharashtra in which the Act is in force in respect of which the State Government is the Appropriate Government or to which the Maharashtra Industrial Relations Act is applicable

·         Such factory or establishments shall employ 50 or more workmen.

·         The Act can also be made applicable to a factory or establishment with less than fifty workmen, if the State Government issues notification to that effect

·         The Act continues to be applicable eve if the number of employees fall below the prescribed number

COMPUTATION OF HRA

·         Every workmen is entitled at the rate of 5% of the wages payable to him during the month of his service or Rs 20 whichever is higher and shall be payable within 10 days of the following month 

·         Wages means Basic + DA (Dearness Allowances)

·         The payment of HRA is to be made in cheque along with his monthly wages

RECOVERY OF HRA

·         The workmen can make an application in Form B in triplicate under Registered Post with Acknowledgment due to the Controlling Authority within a period of one year from the date on which the HRA become due

·         In case, he is aggrieved by the order of the Controlling Authority, he can make an appeal to the Appellate Authority

·         If the HRA is directed to be paid by the Controlling Authority, the same may be recovered as a fine which is imposed by the Judicial Magistrate on an application made to him by the Controlling Authority

·         He can also raise a dispute under Industrial Disputes Act, 147

RECORDS/REGISTERS

·         The employer has to maintain a register of House Rent Allowance in Form A

·         He has to maintain a Register of Workman in Form I. It is sufficient compliance, the same details are maintained under any other register under any other law

·         He has to maintain a bound visit book for the Inspector to make remarks if any on his visit with pages consecutively numbered