Understanding West Bengal HRA: Is It Calculated on Gross Wages or Basic Wage?

solomonlegal@gmail.com
Hi,

The West Bengal HRA Act, 1974 envisages an HRA of 5% for the workmen. Could you please clarify whether this percentage is to be calculated based on the Gross minimum wages (as per the WB minimum wages notification) or on the basic wage only? For example, if the gross wages for a month are Rs. 1000, should the HRA amount to Rs. 50? Your guidance on this matter would be greatly appreciated.

Please advise.
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The WB HRA Act - Definition u/S.2(h) read with sec.4(1) stipulates 'wages' as per ID Act. The ID Act defines wages as -

Central Government Act Section 2(gg)(rr) in The Industrial Disputes Act, 1947 (rr) 4 "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes-- (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food- grains or other articles; (iii) any travelling concession; (iv) 2 any commission payable on the promotion of sales or business or both;] but does not include-- (a) any bonus; (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service;]

You have to go by the above stipulations. Relevant extracts are attached for your guidance.
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