THE WEST BENGAL WORKMEN'S HOUSE-RENT
ALLOWANCE ACT, 1974
WEST BENGAL ACT LVI OF 1974
[Assent of the President wasfirst published in the 'Calcutta
Gazette Extraordinary', of 18th July 1975. ]
An Act to provide for the payment of house-rent allowance to
work-men employed in industry in West Bengal.
WHEREAS it is expedient to provide for the payment of houserent
allowance to workmen employed in industry in West Bengal;
It is hereby enacted in the Twenty-fifth Year of the Republic of
India, by the Legislature of West Bengal, as follows :-
S. 1. Short title, extent, commencement and application-
(1) This Act may be called the West Bengal Workmen's House-rent
Allowance Act, 1974.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State
Government may, by notification, appoint.
(4) It shall apply to every industry in which fifty or more
workment are employed:
Provided that the State Government may. after giving not less
than sixty days' notice of its intention so to do, by notification, apply
the provisions of this Act to any industry employing such number of
workmen less than fifty as may specified in the notification.
'["Provided further that this Act, if it once applies to any
industry shall continue to apply to that industry even if the number of
workmen employed in that industry falls below fifty or, as the case
may be below such number as may be specified in the Notification
under the first proviso.
Explanation-for computing thenumber of workmenemployed
in any industry for the purposes of this sub-section the number of
workmen employed in all the units and the branches of the industry
in and outside West Bengal, shall be taken into consideration and if
there is any dispute or difference in this regard, the decision of the
State Government thereon shall be Final."]
S. 2. Definitions.-In this Act, unless the context otherwise
requires,-
2[(a) ... ... ... ... ... ... ...]
(b) "controlling authority" means the authorily appointed by
the State Government under section 3;
(c) "employer" means in relation to any industry-
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'Inserted by W. B. Workmen's House-Rent Allowance (Amendment) Act 1980
(act L of' 1980).
'Omitted by W.B. Workmen's House-Rent Allowance (Amendment) Act 1980
Act L of 1980.
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(i) belonging to, or under the control of, the StateGovernment,
a person or authority appointed by the State Government,
for the supervision and control of workmen, or where no
person or authority has been so appointed, the head of the
Department concerned, or
(ii) belonging to, or under the control of, any local authority,
the person appointed by such authority for the supervision
and control of workmen, or where no person has been so
appointed, the chief executive officer of the local authority,
or
(iii) in any other case, the person who, or the authority which,
has the ultimate control over the affarirs of the industry
and where the said affaris are entrusted to any other person,
whether called a manager, managing director or by any
other name, such person;
(d) "industry" has the same meaning as assigned to it in
clause G) of Section 2 of the Industrial Disputes Act,
1947 (14 of 1947), but does not include a plantation as
defined in clause (f) of Section 2 of the plantations Labour
Act, 1951 (69 of 1951);
(e) "month" has the same meaning as assigned to it in clause
(27) of the Bengal General Clauses Act, 1899 (Bengal
Act, 1 of 1899);
(f) "notification" means a notificationpublished in the Official
Gazette;
(g) "prescribed" means prescribed by rules made under this
Act;
(h) "wages" has the same meaning as assigned to it in clause
(rr) of Section 2 of the Industrial Disputes Act, 1947;
(i) "workman" has the same meanng as assigned to it in
clause (s) of Section 2 of the Industrial Disputes Act,
1947.
S.3. Controlling Authority.-The State Government may,
by notification, appoint any officer not below the rank of Labour
Officer, to be the Controlling Authority who shall be responsible for
the administration of this Act and diffierent Controlling authorities
may be appointed for different areas.
S.4. Payment of House-rent Allowance.-[(I) Every
employer shall be bound to pay to every workman House-Rent
allowance which shall be Five per cent of the wages payable to the
workman for his service in the industry during a month or ruppes
fifteen whichever is higher.
Provided that in the case of a workman employed purely on
temporary basis or casual basis or as a budli, who renders service for
!\
'Substituted by W.B. Workmen's house-rent Allowance (Amendment) Act, 1980.
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less than Six days in a month house-rent allowance shall be paid prorata.]
(2) The house-rent allowance payable to a wokman under subsection
(1) shall be paid in such manner and within such time as may
be prescribed.
(3) Notwithstanding anything contained in sub-section (1) a
workman who is entitled to draw under the terms of his service
house-rent allowance at a higher rate than that provided in subsection
(1) shall continue to draw the same at such higher rate.
(4) Where the workman in an industry is given house
accommodation by the employer and a deduction is made therefor
from his wages then,-
(a) if the amount deducted for such house accommodation is
higher than the house-rent allowance admissible under
sub-section (1), the duduction shall be reduced by the
amount mentioned in that sub-section and no house-rent
allowance shall be payable to the workman; and
(b) ifthe amountdeducted is less than the house-rent allowance
admissible under sub-section (1), the said allowance shall
be reduced by the amount deducted and the balance paid
to the workman.
S. 5. Recovery of House-rent Allowance.-(l) If the houserent
allowance payable under this Act is not paid by the employer
within the prescribed time, the workmanor any otherperson authorised
by him in writing in this behalf, or in the case of death of the
workman, his legal representatives may, without prejudice to any
other mode of recovery, made in such form and in such manner as
may be prescribed, an application to the Controlling Authority having
jurisdiction over the area in which the industry is situated, for the
recorvery of the of he house-rent allowance due to him:
Provided that such application shall be made within one year
from the date on which the house-rent allowance became due:
Provided further that such application may be entertained after
the 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 Authority to whom an application under
sub-section (1) is made, may, after giving the applicant and the
employer concerned an opportunity of being heard and after making
such further inquiry, as may be considered necessary, determine, in
such manner as may beprescribed,the amountof house-rent allowance
due to the applicant and may, by an ordcr, direct, without prejudice to
any other action which may under this Act or any other law lie
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,
less than Six days in a month house-rent allowance shall be paid prorata.]
(2) The house-rent allowance payable to a wokman under subsection
(I) shall be paid in such manner and within such time as may
be prescribed.
(3) Notwithstanding anything contained in sub-section (1) a
workman who is entitled to draw under the terms of his service
house-rent allowance at a higher rate than that provided in subsection
(1) shall continue to draw the same at such higher rate.
(4) Where the workman in an industry is given house
accommodation by the employer and a deduction is made therefor
from his wages then,-
(a) if the amount deducted for such house accommodation is
higher than the house-rent allowance admissible under
sub-section (I), the duduction shall be reduced by the
amount mentioned in that sub-section and no house-rent
allowance shall be payable to the workman; and
(b) if the amountdeducted is less than the house-rent allowance
admissible under sub-section (I), the said allowance shall
be reduced by the amount deducted and the balance paid
to the workman.
S. 5. Recovery of House-rent Allowance.-(l) If the houserent
allowance payable under this Act is not paid by the employer
within the prescribed time, theworkmanor any otherperson authorised
by him in writing in this behalf, or in the case of death of the
workman, his legal representatives may, without prejudice to any
other mode of recovery, made in such form and in such manner as
may be prescribed, an application to the Controlling Authority having
jurisdiction over the area in which the industry is situated, for the
recorvery of the of he house-rent allowance due to him:
Provided that such application shall bc made within one year
from the date on which the house-rent allowance became due:
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Provided further that such application may be entertained after
the 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 Authority to whom an application under
sub-section (I) is made, may, after giving the applicant and the
employer concerned an opportunity of being heard and after making
such further inquiry, as may be considered necessary, determine, in
such manner as may be prescribed, theamountof house-rentallowance
due to the applicant and may, by an order, direct, without prejudice to
any other action which may under this Act or any other law lie
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against the employer, the payment to the applicant of house-rent
allowance so determined.
(3) Any amount directed to be paid by an order under subsection
(2) may be recovered by any Magistrate to whom the
Controlling Authority making the order makes application in this
behlf as if it were a fine imposed by such Magistrate.
(4) An appeal shall lie in the prescribed manner and within
the prescribed time from an order of the controlling authority
dismissing any application or giving any direction under sub-section
(2), to the State Government or to such authority not below the rank
of Assistant Labour Commissioner, as the State Government may,
by notification, appoint in this behalf.
S. 6. Reference of Dispute under the Act.- Where any dispute
arises between an employer and any workman with respect to the
house-rent allowance payable under this Act or with respect to the
application of this Act to an industry, such dispute shall be deemed
to be an industrial dispute within the meaning of the Industrial
Disputes Act, 1947 (14 of 1947).
S.7. Inspectors.-(l) The State Government may, by
notification, appoint such person as it thinks fit to be Inspectors for
the.purposes of this Act and may define the limits within which they
shall exercise jurisdiction.
(2) An Inspector appointed under sub-section (1) may, for
the purpose of ascertaining whether any of the provisions of this Act
has been complied with,-
(a) require an employer to furnish such information as he
may consider necessary;
(b) at any reasonable time and with such assistance, if any,
as he thinks fit, enter the place of any industry or any
premises connected therewith and require anyone found
in charge thereof to produce before him for examination
any accounts,books,registersand otherdocumentsrelating
to the employment of workmen or the payment of wages
in the industry;
(c) examine, with respect to any matter relevant to any of the
purposes aforesaid, the employer, his agent or servant or
any other person found in charge of the industry or any
premises connected therewith or any person whom the
Inspector has reasonable cause to believe to be or to have
been a workman in the industry;
(d) make copies of or take extracts from any book, register
or other document maintained in relation to the industry;
(e) exercise such other powers as may be prescribed.
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(3) Any person required toproduce any accounts,book, register
or other document or to give information by an Inspector under subsection
(1) shall be legally bound to do so.
S.8. Power to exempt.-The State Government may, if it
thinks fit so to do in the public interest, by notification, exempt any
class of industry fr01l1the provisions of this Act for such period and
subject to such conditions, if any, as may be specified in the
notification.
S. 9. Maintenance of registers, records, etc.-Every employer
shall prepare and maintain such registers, records, and other
documents in such form and in such manner as may be prescribed.
S. 10. Penalties.-(l) Whoever, for the purposes of avoiding
any payment to be made by himself under this Act or of enabling any
other person to aviod such payment, knowingly makes or causes.to
be made any false statementor false representationshallbe punishable
with imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
(2) Any person who contravenes, or makes default in
complying with, any of the provisions of this Act shall be punishable
with imprisonment for a term which may extend to one year, or with
fine which may extend to one thousand rupees, or with both.
S. 11. Cognizance of Offences.-(1) No Court shall take
cognizance of any offience punishable under this Act, save on a
complaint made by or under the authority of the State Government.
(2) No Court inferior to that of a Metropolitan Magistrate or
a ludical Magistrate of the first class shall try any offence punishable
under this Act.
S. 12. Protection of action taken in good faith.-No suit or
other legal proceeding shall lie ~gainst the controlling authority, an
Inspector or any other person in respect of anything which is in good
faith done or intended to be done under this Act or any rule made
thereunder.
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S. 13. Power to make rules.-(l) The State Government may
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejedice to the generality of
the foregoing power, such rules may provide for all or any of the
following matters, namely :-
(a) manner and time of payment of house-rent allowance
referred to in sub-section (2) of Section 4;
(b) form and manner of making application for, and manner
of dertermining the amount of, house-rent allowance due, referred to
in sub-sections (1) and (2) of Section 5;
(c) manner in which and the time within which an appeal
shall be tiled under sub-section (4) of Section 5;
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(d) otherpowers ofInspectors referred to in clause (e) of subsection
(2) of Section 7; and
(e) form in which registers, records and other documents are
to be prepared and manner in which they are to be maintained under
Section 9.
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