Maharashtra Workmen s Minimum House-rent Allowance Act, 1983

No: 23 Dated: Oct, 17 1988

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

ACT No. XXIII OF 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 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 subclause (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.

(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 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 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.