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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 28

(EXTRAORDINARY)

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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SERIES I No. 28

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12TH OCTOBER, 2020

1197

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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