445
Panaji, 26th June, 2020 (Asadha 5, 1942)
SERIES I No. 13
Reg. No. G-2/RNP/GOA/32/2018-2020
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
No. 2
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
__
Notification
8/1/2020-LA
The Contract Labour (Regulation and
Abolition) (Goa Amendment) Ordinance, 2020
(Ordinance No. 7 of 2020), which has been
promulgated by the Governor of Goa on
26-6-2020, is hereby published for general
information of the public.
Smita R. Chandwani, Joint Secretary (Law).
Porvorim, 26th June, 2020.
_______
The Contract Labour (Regulation and
Abolition) (Goa Amendment)
Ordinance, 2020
(Ordinance No. 7 of 2020)
Promulgated by the Governor of Goa in the
Seventy-first Year of the Republic of India.
An Ordinance further to amend the Contract
Labour (Regulation and Abolition) Act, 1970
(Central Act 37 of 1970), as in force in the State
of Goa.
Whereas, the Legislative Assembly of Goa
is not in session and the Governor of Goa is
satisfied that circumstances exist which
render it necessary for him to take immediate
action.
Now, therefore, in exercise of the powers
conferred by clause (1) of article 213 of the
Constitution of India, the Governor of Goa is
pleased to promulgate the following
Ordinance, namely:—
1. Short title and commencement.— (1) This
Ordinance may be called the Contract Labour
(Regulation and Abolition) (Goa Amendment)
Ordinance, 2020.
(2) It shall come into force at once.
2. Amendment of section 1.— In section 1 of
the Contract Labour (Regulation and Abolition)
Act, 1970 (Central Act 37 of 1970), as in force
in the State of Goa (hereinafter referred to as
the “principal Act”), in sub-section (4), for the
word “twenty”, wherever it occurs, the word
“fifty” shall be substituted.
3. Insertion of new section 25A.— After
section 25 of the principal Act, the following
section shall be inserted, namely:—
“25A. Compounding of offences.— (1) Any
offence punishable under sub-sections (1)
and (2) of section 22 and section 24 may,
either before or after the institution of the
OFFICIAL GAZETTE — GOVT. OF GOA
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446
prosecution, on an application by the
alleged offender, be compounded by such
officer or authority as the State Government
may, by notification in the Official Gazette,
specify in this behalf for the amount as
specified in the table below.
TABLE
Number of workmen
Composition
employed in establishment
amount
50 to 100
` 20000/-
101 to 500
` 35000/-
More than 500
` 50000/-
Provided that the State Government may, by
notification in the Official Gazette, amend the
composition amount specified in above Table:
Provided further that the offence committed
of the same nature shall be compoundable only
for the first three offences:
Provided also that such offences shall be
compounded only after the alleged offender
has acted to the satisfaction of such officer or
authority that such offence is not continued
any further.
(2) Where an offence has been compounded
under sub-section (1), no further proceedings
shall be taken against the offender in respect
of such offence and the offender, if in custody,
shall be discharged.”.
Place:- Raj Bhavan,
Dona Paula, Goa.
SATYA PAL MALIK,
Date: / / 2020.
Governor of Goa.
_________
Notification
8/3/2020-LA
The Industrial Disputes (Goa Amendment)
Ordinance, 2020 (Ordinance No. 8 of 2020),
which has been promulgated by the Governor
of Goa on 26-6-2020, is hereby published for
general information of the public.
Smita R. Chandwani, Joint Secretary (Law).
Porvorim, 26th June, 2020.
The Industrial Disputes (Goa Amendment)
Ordinance, 2020
(Ordinance No. 8 of 2020)
Promulgated by the Governor of Goa in the
Seventy-first Year of the Republic of India.
An Ordinance further to amend the
Industrial Disputes Act, 1947 (Central Act 14
of 1947), as in force in the State of Goa.
Whereas, the Legislative Assembly of Goa is
not in session and the Governor of Goa is satisfied
that circumstances exist which render it
necessary for him to take immediate action.
Now, therefore, in exercise of the powers
conferred by clause (1) of article 213 of the
Constitution of India, the Governor of Goa is
pleased to promulgate the following
Ordinance, namely:-
1. Short title and commencement.— (1) This
Ordinance may be called the Industrial
Disputes (Goa Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2. Amendment of section 2A.— In section
2A of the Industrial Disputes Act, 1947 (Central
Act 14 of 1947), as in force in the State of Goa
(hereinafter referred to as the “principal
Act”),—
(i) in sub-section (3), for the words “three
years”, the words “one year” shall be
substituted;
(ii) after sub-section (3), the following
sub-section shall be inserted, namely:-
“(4) Notwithstanding anything contained
in sub-sections (1), (2) and (3), no such
dispute or difference between that
workman and his employer connected with,
or arising out of, such discharge, dismissal,
retrenchment or termination shall be
deemed to be an industrial dispute if such
dispute is not raised before conciliation
officer within a period of one year from the
date of such discharge, dismissal,
retrenchment or termination:
Provided that an authority as may be
specified by the State Government may
condone the delay beyond such period of
one year if the applicant workman satisfies
the authority that he had sufficient cause for
not raising the dispute within the period of
one year.”.
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447
3. Amendment of section 25F.— In section
25F of the principal Act, in clause (b), for the
expression “fifteen days’”, the expression
“forty-five days’” shall be substituted.
4. Substitution of section 25K.— For section
25K of the principal Act, the following section
shall be substituted, namely:-
“25K. Application of Chapter VB.— (1) The
provisions of this chapter shall apply to an
industrial establishment (not being an
establishment of a seasonal character or in
which work is performed only intermittently)
in which not less than three hundred
workmen were employed on an average per
working day for the preceding twelve months.
(2) Without prejudice to the provisions of
sub-section (1), the State Government may, if
satisfied that maintenance of industrial peace
or prevention of victimization of workmen so
requires, by notification in the Official Gazette
apply the provisions of this Chapter to an
industrial establishment (not being an
establishment of a seasonal character or in
which work is performed only intermittently)
in which such number of workmen which
may be less than three hundred but not less
than one hundred, as may be specified in the
notification, were employed on an average per
working day for the preceding twelve months.
(3) If a question arises whether an
industrial establishment is of a seasonal
character or whether work is performed
therein only intermittently, the decision of
the State Government thereon shall be final”.
5. Amendment of section 25N.— In section
25N of the principal Act, in sub-section (9), for
the expression “fifteen days’”, the expression
“forty-five days’” shall be substituted.
6. Amendment of section 25O.— In section
25O of the principal Act, in sub-section (8), for
the expression “fifteen days’”, the expression
“forty-five days’” shall be substituted.
7. Insertion of new section 31A.— After
section 31 of the principal Act, the following
section shall be inserted, namely:-
“31A. Compounding of offences.— (1)
Any offence punishable under sections 25Q,
25R, 25U, 26, 27, 28, 29, 30A and sub-
sections (1) and (2) of section 31 may, either
before or after the institution of the
prosecution, on an application by the
alleged offender, be compounded by such
officer or authority as the State Government
may, by notification in the Official Gazette,
specify in this behalf for such amount as
specified in the Table below.
TABLE
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 13
(EXTRAORDINARY No. 2)
26TH JUNE, 2020
448
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Provided that the State Government may,
by notification in the Official Gazette, amend
the composition amount specified in above
Table:
Provided further that the offence committed
of the same nature shall be compoundable only
for the first three offences:
Provided also that such offences shall be
compounded only after the alleged offender
has acted to the satisfaction of such officer or
authority that such offence is not continued
any further.
(2) Where an offence has been compounded
under sub-section (1), no further proceedings
shall be taken against the offender in respect
of such offence and the offender, if in custody,
shall be discharged.”.
Place:- Raj Bhavan,
Dona Paula, Goa.
SATYA PAL MALIK,
Date: / / 2020.
Governor of Goa.