(1) Every employer shall be bound to pay to every workman house-rent allowance which shall be three and a half per cent. of the wages earned by the workman for his continuous service in the industry during a month, or rupees ten, whichever is higher:
Provided that a workman whose period of continuous service is less than fifteen days in a month shall not be entitled to such house-rent allowance.
294 The West Bengal Workmen's House-rent Allowance Act, 1974.
LVI of 1974.]
(Section 5.)
(2) The house-rent allowance payable to a workman 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 houserent allowance at a higher rate than that provided in sub-section (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 deduction 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 amount deducted 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.