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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

SERIES I No. 13

(EXTRAORDINARY No. 2)

26TH JUNE, 2020

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.”.

OFFICIAL GAZETTE — GOVT. OF GOA

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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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PRICE – Rs. 4.00

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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.