1195
Panaji, 12th October, 2020 (Asvina 20, 1942)
SERIES I No. 28
Reg. No. G-2/RNP/GOA/32/2018-2020
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
__
Notification
7/12/2020-LA
The Factories (Goa Amendment) Act, 2020
(Goa Act 20 of 2020), which has been passed
by the Legislative Assembly of Goa on
27-07-2020 and assented to by the President
of India on 24-09-2020, is hereby published
for the general information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 12th October, 2020.
_________
The Factories (Goa Amendment) Act, 2020
(Goa Act 20 of 2020) [24-9-2020]
AN
ACT
further to amend the Factories Act, 1948
(Central Act 63 of 1948), as in force in the
State of Goa.
Be it enacted by the Legislative Assembly
of Goa in the Seventy-first Year of the Republic
of India as follows:—
1. Short title and commencement.— (1)
This Act may be called the Factories (Goa
Amendment) Act, 2020.
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
(2) The provisions of section 2 and section
4 of this Act shall be deemed to have come
into force on the 7th day of July, 2020 and
the provisions of section 3 shall come into
force at once.
2. Amendment of section 2.— In section 2
of the Factories Act, 1948 (Central Act 63 of
1948), as in force in the State of Goa
(hereinafter referred to as the “principal
Act”), in clause (m),—
(i) in sub-clause (i), for the words “ten
or more workers”, the words “twenty or
more workers” shall be substituted;
(ii) in sub-clause (ii), for the words
“twenty or more workers”, the words
“forty or more workers” shall be
substituted.
3. Insertion of new section 5A.— After
section 5 of the principal Act, the following
section shall be inserted, namely:—
“5A. Power to exempt in public
interest.— Where the State Government is
satisfied in the public interest that it is
necessary to create more economic
activities and employment opportunities, it
may, by notification in the Official Gazette,
exempt, subject to such conditions as it
may think fit, any new factory or class or
description of new factories which are
established and whose commercial
production start, from all or any of the
provisions of this Act for a period of one
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12TH OCTOBER, 2020
1196
thousand days from the date on which such
commercial production start.
Explanation:— For the purposes of this
section, the expression “new factory or
class or description of new factories” means
such factory or class or description of
factories which are established and whose
commercial production start within a
period of one thousand days from the date
of commencement of the Factories (Goa
Amendment) Act, 2020.”.
4. Amendment of section 85.— In section
85 of the principal Act, in sub-section (1), in
clause (i), for the words “ten” and “twenty”,
the words “twenty” and “forty” shall be
respectively substituted.
5. Repeal and Savings.— (1) The Factories
(Goa
Amendment)
Ordinance,
2020
(Ordinance No. 9 of 2020) is hereby repealed.
(2) Notwithstanding such repeal, anything
done or any action taken under the principal
Act, as amended by the said Ordinance, shall
be deemed to have been done or taken
under the principal Act, as amended by this
Act.
Secretariat,
CHOKHA RAM GARG, IAS
Porvorim, Goa.
Secretary to the
Dated: 12-10-2020.
Government of Goa
Law Department
(Legal Affairs).
_________
Notification
7/17/2020-LA
The Industrial Disputes (Goa Amendment)
Act, 2020 (Goa Act 19 of 2020), which has
been passed by the Legislative Assembly of
Goa on 27-07-2020 and assented to by the
President of India on 24-09-2020, is hereby
published for the general information of the
public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 12th October, 2020.
The Industrial Disputes (Goa Amendment)
Act, 2020
(Goa Act 19 of 2020) [24-9-2020]
AN
ACT
further to amend the Industrial Disputes Act,
1947 (Central Act No. 14 of 1947), as in
force in the State of Goa.
BE it enacted by the Legislative Assembly
of Goa in the Seventy-first Year of the Republic
of India as follows:—
1. Short title and commencement.— (1) This
Act may be called the Industrial Disputes
(Goa Amendment) Act, 2020.
(2) It shall be deemed to have come into
force on the 26th day of June, 2020.
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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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
Sr.
Section
Composition amount
No.
(1)
(2)
(3)
1.
25Q
25 days wages last drawn by each workman.
2.
25R
60 days wages last drawn by each workman.
3.
25U
(i) By each workman ` 150/- per day but not exceeding ` 3000/-
in aggregate;
(ii) By employer ` 300/- per day but not exceeding the amount in
aggregate as shown below:
Number of workmen
Amount not exceeding
employed in the industry
1 to 50
` 7,000/-
51 to 100
` 10, 000/-
101 to 500
` 15,000/-
More than 500
` 20, 000/-
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12TH OCTOBER, 2020
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(1)
(2)
(3)
4.
26
(i) In case of illegal strike, ` 150/- per day by each workman but
not exceeding ` 3000/- in aggregate;
(ii) In case of illegal lock-out ` 300/- per day by an employer but
not exceeding the amount in aggregate as shown below:
Number of workmen
Amount not exceeding
employed in the industry
1 to 50
` 7,000/-
51 to 100
` 10, 000/-
101 to 500
` 15,000/-
More than 500
` 20, 000/-
5.
27 and 28
As per section 26 above for illegal strike and lockout
6.
29
` 200/- per day in respect of each of the workman
7.
30A
25 days wages last drawn by each workman
8.
31 (1)
Number of
For first
For
For third
workmen
offence
second
offence
employed in
offence
the industry
1 to 50
` 10,000/-
` 15,000/-
` 20,000/-
51 to 100
` 15,000/-
` 20,000/-
` 25,000/-
101 to 500
` 20,000/-
` 25,000/-
` 30,000/-
More than 500
` 30,000/-
` 35,000/-
` 40,000/-
9.
31 (2)
(i) For each workman, for the first offence ` 1000/-, for the second
offence ` 2000/- and for the third offence ` 3000/-.
(ii) For Employer:
Number of
For first
For
For third
workmen
offence
second
offence
employed in
offence
the industry
1 to 50
` 1500/-
` 3000/-
` 6000/-
51 to 100
` 3000/-
` 6000/-
` 10000/-
101 to 500
` 4000/-
` 8000/-
` 15,000/-
More than 500
` 5000/-
` 10000/-
` 20000/-
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.”.
8. Insertion of new section 36C.— After section 36B of the principal Act, the following
section shall be inserted, namely:—
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“36C. Power to exempt new Industries.—
Where the State Government is satisfied in
relation to any new industrial establishment
or new undertaking or class of new industrial
establishments or new undertakings that it
is necessary in the public interest to do so,
it may, by notification in the Official Gazette,
exempt, conditionally or unconditionally, any
such new establishment or new undertaking
or class of new establishments or new
undertakings from all or any of the provisions
of this Act for a period of one thousand days
from the date of the establishment of such
new industrial establishment or new
undertaking or class of new establishments
or new undertakings, as the case may be.
Explanation:— For the purpose of this
section, the expression “new industrial
establishment or new undertaking or class
of new industrial establishments or new
undertakings” means such industrial
establishment or undertaking or class of
industrial establishments or undertakings
which are established within a period of one
thousand days after the commencement of
the Industrial Disputes (Goa Amendment)
Act, 2020”.
9. Repeal and Saving.— (1) The Industrial
Disputes (Goa Amendment) Ordinance, 2020
(Ordinance No. 8 of 2020) is hereby repealed.
(2) Notwithstanding such repeal, anything
done or any action taken under the principal
Act, as amended by the said Ordinance shall
be deemed to have been done or taken under
the principal Act, as amended by this Act.
Secretariat,
CHOKHA RAM GARG, IAS
Porvorim, Goa.
Secretary to the
Dated: 12-10-2020.
Government of Goa
Law Department
(Legal Affairs).
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