(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:
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 (XIV of 1947), or the Bombay Industrial Relations Act, 1946 (Born 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 authorised 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 therefor from his wages, then-
(a) if the amount deducted for such accommodation is higher than the house-rent l1owance admissible under sub-section (1), the deduction shall 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 be shall be reduced by the amount deducted, and the balance shall be paid to the workman.
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