1467
Panaji, 24th September, 2021 (Asvina 2, 1943)
SERIES I No. 26
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Goa Legislature Secretariat
–––
Notification
LA/LEGN/2021/858
The following bill which was introduced
in the Legislative Assembly of the State of
Goa on 29th July, 2021 is hereby published
for general information in pursuance of Rule–
138 of the Rules of Procedure and Conduct
of Business of the Goa Legislative Assembly.
________
The Goa Shops and Establishments
(Amendment) Bill 2021
(Bill No. 47 of 2021)
A
BILL
further to amend the Goa, Daman and Diu
Shops and Establishments Act, 1973 (Act
No. 13 of 1974).
Be it enacted by the Legislative Assembly
of Goa in the Seventy-second Year of the
Republic of India as follows:
1. Short title and commencement.— (1) This
Act may be called the Goa Shops and
Establishments (Amendment) Act, 2021.
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
No. 2
(2) It shall come into force on such date as
the Government may by notification in the
Official Gazette, appoint.
2. Amendment of section 2.— In section 2
of the Goa, Daman and Diu Shops and
Establishments Act, 1973 (Act No.13 of 1974)
(hereinafter referred to as the “principal
Act”), in clause (7), the expression “or
dependent relative of an employer or his
partner, who is living with and depending
upon such employer or partner” shall be
omitted.
3. Amendment of section 3.— In section
3 of the Principal Act”,—
(i) in sub-section (1), for the expression
“in the prescribed form together with such
fees as may be prescribed”, the expression
“in such form and such manner and
alongwith such fees and such documents
as prescribed” shall be substituted;
(ii) in sub-section (2), for the expression
“on receipt of the statement and the fees,
the Inspector shall, on being satisfied about
the correctness of the statement,” the
expression “The Inspector shall, within the
period of seven working days from the date
of receipt of the statement and the fees,”
shall be substituted;
(iii) after sub-section (2), the following
sub-section shall be inserted, namely:—
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“(2A) If the Inspector fails to register
the establishment within the prescribed
period specified in sub-section (2), such
establishment shall be deemed to have
been registered under this Act,
immediately on the expiration of such
period and the electronic certificate of
registration shall be auto generated.”
(iv) for sub-section (4), the following sub-
section shall be substituted, namely:—
“(4) The Inspector shall, within a period
of seven working days from the date of
receipt of the application for renewal
made by the employer together with such
fees as prescribed, renew the registration
certificate for such period as requested
by the applicant.”;
(v) after sub-section (4), the following
sub-section shall be inserted, namely:—
“(4A) If the Inspector fails to renew the
registration certificate within the period
specified in sub-section (4), such
registration certificate shall be deemed
to have been renewed immediately on
expiry of such period and an electronic
certificate of renewal shall be auto
generated.”
(vi) for sub-section (5), the following sub-
section shall be substituted, namely:—
“(5) Every application for the renewal
of the registration certificate shall be
made in such form and in such manner
as prescribed not later than thirty days
before the date of it’s expiry and an
application made beyond such period
shall not be entertained by the Inspector
unless the applicant pays such penalty,
not exceeding twenty five percent of the
registration fees, prescribed.”
4. Amendment of section 3-A.— In section
3A of the principal Act,-
(i) in sub-section (1), for the words “the
prescribed form together with registration
fees amounting to Rs. 25,000/-,” the words
“in such form, manner and documents as
may
be
prescribed
together
with
registration fees amounting to Rs. 25,000/-”
shall be substituted;
(ii) in sub-section (2), the expression “on
being satisfied about the correctness of the
statement,” shall be omitted;
(iii) for sub-section (3), the following sub-
section shall be substituted, namely:—
“(3) The inspector shall, within a
period of seven working days from the
date of receipt of the application made by
the bank or financial institution together
with fees amounting to Rs. 5,000/- per
year in case of bank situated within
the limit of a municipal council and
Rs. 1,000/- per year, in other cases, renew
the registration certificate for such period
as requested by the applicant”.
(iv) after sub-section (3), the following
sub-section shall be inserted, namely:—
“(3A) If the Inspector fails to renew the
registration certificate within the period
specified in sub-section (3), such
registration certificate shall be deemed
to have been renewed immediately on
expiry of such period and an electronic
certificate of renewal shall be auto
generated.”
5. Insertion of new section 17A.— After
section 17 of the principal Act, the following
section shall be inserted, namely:—
“17A. Restriction on employment of
women.— (1) No woman shall be required
or allowed to work in any shop or
establishment except between the hours of
6.00 a.m. and 7.00 p.m.
Provided that where the Government or
any person authorized by it, in this behalf,
is satisfied that the provisions of adequate
protection of women’s dignity, honour,
safety, and the facility of transportation from
the shop or establishment to the door step
of their residence exists, it or he may, after
obtaining the consent of the woman
employee, allow her to work between 7.00
p.m. to 6.00 a.m.
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(2) The Government, may by notification,
require that the employer of shop or
establishment shall provide such other
provisions as may be specified therein to the
woman employee working between 7.00
p.m. to 6.00 a.m.”
6. Amendment of section 18.— In section
18 of the principal Act, for the words “but not
to any wages”, the words “with wages” shall
be substituted.
7. Amendment of section 31.— In section
31 of the principal Act, for the words “in
current coin or currency notes or in both”, the
words “by cheque or by crediting the wages
in the bank account of the employee” shall be
substituted.
8. Amendment of section 52.— In section
52 of the principal Act,—
(i) for the words “less than two hundred
and fifty rupees”, the words “less than ten
thousand rupees” shall be substituted;
(ii) for the words “five hundred rupees”,
the words “twenty thousand rupees” shall
be substituted;
(iii) for the words “one thousand rupees”,
the words “thirty thousand rupees” shall
be substituted;
(iv) for the words “one thousand five
hundred rupees”, the words “forty
thousand rupees” shall be substituted;
(v) for the words “two thousand rupees”,
the words “fifty thousand rupees” shall be
substituted;
(vi) in the proviso, for the words “hundred
rupees”, the words “five hundred rupees”
shall be substituted.
9. Insertion of new section 52A.— After
section 52 of the principal Act, the following
section shall be inserted namely:—
“52A. Compounding of Offences.— (l)
Any offence punishable under this Act, not
being an offence punishable with
imprisonment only, or with imprisonment
and also with fine, may, on an application
of the accused person, either before or after
the institution of any prosecution, be
compounded by such Officer, as the State
Government may, by notification in the
Official Gazette, specify, for a sum of rupees
seventy five percent of the maximum fine
provided for such offences, in the manner
as may be prescribed.
(2) Nothing contained in sub-section (l)
shall apply to an offence committed by a
person for the second time or thereafter
within a period of five years from the date,—
(a) of commission of a similar offence
which was earlier compounded;
(b) of commission of a similar offence
for which such person was earlier
convicted.
(3) Every officer referred to in sub-section
(1) shall exercise the powers to compound
an offence, subject to the direction, control
and supervision of the State Government.
(4)
Every
application
for
the
compounding of an offence shall be made
in such form and in such manner as may be
prescribed.
(5) where any offence is compounded
before the institution of any prosecution, no
prosecution shall be instituted in relation to
such offence, against the offender in relation
to whom the offence is so compounded.
(6) Where the composition of any offence
is made after the institution of any
prosecution, such composition shall be
brought by the officer referred to in sub-
section (1) in writing, to the notice of the
court in which the prosecution is pending
and on such notice of the composition of the
offence being given, the person against
whom the offence is so compounded shall
be discharged.
(7) Any person who fails to comply with
an order made by the officer referred to in
sub-section (1), shall be liable to pay a sum
equivalent to twenty percent of the
maximum fine provided for the offence, in
addition to such fine.
(8) No offence punishable under the
provisions of this Act shall be compounded
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except under and in accordance with the
provisions of this section.
10. Amendment of section 57.— In section
57 of the principal Act, in sub-section (2),—
(i) for the expression “as may be
prescribed,” the expression “as may be
prescribed
either
electronically
or
manually.” shall be inserted.
(ii) for the expression “.” at the end, the
expression “:” shall be substituted.
(iii) the following proviso shall be inserted,
namely:—
“Provided that in case of electronic
maintenance of registers and records, at
the time of inspection by an Inspector, the
employer shall submit hard copy of such
registers and records duly signed by
him”.
11. Amendment of section 61.— In section
61 of the principal Act, in sub-section (1), in
clause (a), for the words “six thousand five
hundred”, the words “twenty-four thousand”
shall be substituted.
Statement of Objects and Reasons
The Bill seeks to amend section 3 and 3A of
the Goa, Daman and Diu Shops and
Establishments Act, 1973 (Act No. 13 of 1974)
so as to facilitate the ease of doing business in
the State of Goa.
The Bill also seeks to amend certain
provisions of the Act, so as to make the
provisions of the said Act, employer employee
friendly and remove ambiguity in the existing
provisions.
This Bill seeks to achieve the above objects.
Financial Memorandum
There are no financial implications involved
in the bill, however the Bill seeks to enhance
the amount of fines imposed for the offences
committed under the Act, which will gener-
ate some revenue, the amount of which can-
not be quantified at this stage.
Memorandum Regarding Delegated Legislation
Clause 3 of the Bill seeks to empower the
Government to frame rules to prescribe the
form, fees, the manner and the documents
which the employer of every establishment
shall send a statement to the Inspector
Clause 4 of the Bill seeks to empower the
Government to make rules to prescribe, the
form and manner and the documents which
the Bank and financial institutions shall send
a statement to the Inspector.
Clause 5 of the Bill seeks to empower the
Government to issue notification specifying
other provisions that may be required to be
made for woman working between 7.00 p.m.
to 6.00 a.m.
Clause 9 of the Bill seeks to empower the
Government to issue notification specifying
the officer for compounding the offences
punishable under the Act.
These delegations are of normal character.
Porvorim-Goa
(Jennifer Monserrate)
28th July, 2021.
Minister for Labour &
Employment.
Assembly Hall,
(Namrata Ulman)
Porvorim-Goa,
Secretary to the Legislature
28th July, 2021.
Assembly of Goa.
Governor’s Recommendation under Article 207
of the Constitution of India
In pursuance of Article 207 of the
Constitution of India, I, P. S. Sreedharan Pillai,
the Governor of Goa hereby recommend the
introduction and consideration of the Goa,
Daman and Diu Shops and Establishments
(Amendment) Bill, 2021 by the Legislative
Assembly of Goa.
P. S. SREEDHARAN PILLAI
Governor of Goa.
________
Annexure
Extract of The Goa Shops and Establishments
Act, 1973.
1. Short title, extent, commencement and
application.— (1) This Act may be called the Goa,
Daman and Diu Shops and Establishments Act, 1973.
(2) It extends to the whole of the Union territory
of Goa, Daman and Diu.
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(3) It shall come into force in such areas and on
such dates as the Government may, from time to
time, by notification, appoint.
2. Definitions.— In this Act, unless the context
otherwise requires:—
(1) “apprentice” means a person who is employed,
whether on payment of wages or not, for the purpose
of being trained in any trade, craft or employment in
any establishment;
1[(1-A).— “bank” means establishments
belonging to any nationalized, scheduled or co-
operative bank;]
(2) “child” means a person who has not completed
his 2[fourteenth] year of age;
(3) “closed” means not open, for the service of
any customer, or for any trade or business or for any
other purpose connected with the establishment
except loading, unloading and annual stock-taking;
(4) “commercial establishment” means any
establishment which carries on any business, trade
or profession or any work in connection with, or
incidental or ancillary to, any business, trade or
profession and includes—
(a) a society registered under the Societies
Registration Act, 1860 (Central Act XXI of 1860)
or charitable or other trust, whether registered or
not, which carries on any business, trade or
profession or work in connection with, or
incidental or ancillary to, such business trade or
profession;
(b) an establishment which carries on the
business of advertising, commission agency,
forwarding or commercial agency or which is a
clerical department of a factory or of any industrial
or commercial undertaking;
(c) an insurance company, Joint Stock
Company, 3[ ] broker s office or exchange;
(d) any other establishment which the
Government may notify to be a commercial
establishment, but does not include a factory,
shop, residential hotel, restaurant, eating house,
theatre or other place of public amusement or
entertainment.
(5) “day” means a period of twenty-four hours
beginning at mid-night, except that in the case of
an employee, whose hours of work extend beyond
midnight, day means the period of twenty-four hours
beginning from the time when such employment
commences;
(6) “dependent” means in relation to a deceased
employee, his nominee or in the absence of such
nominee, his heir or legal representative;
(7) “employee” means a person wholly or
principally employed in, and in connection with, any
establishment, and includes an apprentice or any
clerical or other staff of a factory or industrial
establishment which falls outside the scope of the
Factories Act, 1948 (Central Act 63 of 1948); but does
not include the husband, wife, son, daughter, father,
mother, brother, sister or dependent relative of an
employer or his partner, who is living with and
depending upon such employer or partner and is
not in receipt of any wages;
(8) “employer” means a person having charge of
or owning or having ultimate control over the affairs
of an establishment and includes the manager, agent
or other person acting in the general management
or control of an establishment;
(9) “establishment” means a shop, commercial
establishment, residential hotel, restaurant, eating
house, theatre or other place of public amusement
or entertainment 4[and a bank] to which this Act
applies and includes such other establishment as
the Government may, by notification in the Official
Gazette, declare to be an establishment,
(10) “factory” means factory within the meaning
of the Factories Act, 1948 (Central Act 63 of 1948);
5[(10A) „Gada means an establishment mounted
on wheels, whether moving or stationary and
constructed by using either wood or metal sheets or
both and managed by the owner himself or a member
of his family or a dependent and the value of the
goods stored therein, on any particular day, for the
purpose of trading does not exceed Rs. 5000/-.
Explanation.— For the purpose of valuation of the
goods, the Inspector shall be competent to make an
assessment thereof and for this purpose he may take
into consideration the valuation made, if any, by any
local authority.]
(11) “goods” includes all materials, commodities
and articles;
(12) “Government” means the Administrator of
the Union territory of Goa, Daman and Diu appointed
under article 239 of the Constitution;
(13) “gratuity” means the gratuity payable under
section 39;
(14) “Inspector” means an Inspector appointed
under section 49;
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(15) “notification” means a notification published
in the Goa, Daman and Diu Government Gazette;
(16) “opened” means opened for the service of
any customer or for any trade or business connected
with the establishment;
(17) “periods of work” means the time during
which an employee is at the disposal of the
employer;
(18) “prescribed” means prescribed by rules made
under this Act;
(19) “residential hotel” means any premises used
for the reception of guests and travelers desirous of
dwelling or sleeping therein and includes a club;
(20) “restaurant” or “eating house” means any
premises in which is carried on wholly or principally
the business of supplying meals or refreshments to
the public or a class of the public for consumption
on the premises and includes a Halwai shop but does
not include a restaurant attached to a theatre or
restaurant or a canteen attached to a factory if the
persons employed therein are allowed the benefits
provided for workers under the Factories Act, 1948
(Central Act 63 of 1948);
(21) “shop” means any premises where goods are
sold, either by retail or wholesale or both or where
services are rendered to customers and includes an
office, store-room, godown, ware-house, sale depot
and work-place, whether in the same premises or
elsewhere, used mainly in connection with such
trade or business, but does not include a factory,
commercial establishment, residential hotel,
restaurant, eating house, theatre or other place of
public amusement or entertainment or a shop
attached to a factory where the persons employed
in the shop are allowed the benefits provided for
workers under the Factories Act, 1948 (Central Act
63 of 1948);
(22) “spread over” means the period between the
commencement and termination of work of an
employee on any day;
(23) “theatre” includes any premises intended
principally or wholly for the exhibition of pictures
or other optical effects by means of cinematograph
or other suitable apparatus or for dramatic or circus
performances or for any other amusement or
entertainment;
(24) “wages” means every remuneration, whether
by way of salary, allowances, or otherwise expressed
in terms of money or capable of being so expressed
which would, if the term of employment, express or
implied were fulfilled, be payable to an employee in
respect of his employment or of work done in such
employment, and includes—
(a) any remuneration payable under any
settlement between the parties or order of a
tribunal or court;
(b) any remuneration to which the employee is
entitled in respect of overtime work or holidays
or any leave period;
(c) any additional remuneration payable under
the terms of employment, whether called a bonus
or by any other name;
(d) any sum which by reason of the termination
of employment of the employee is payable under
any law, contract or instrument which provides
for the payment of such sums, whether with or
without deductions, but does not provide for the
time within which the payment is to be made;
(e) any sum to which the employee is entitled
under any scheme framed under any law for the
time being in force, but does not include—
(i) any bonus, whether under a scheme of
profit sharing or otherwise, which does not
form part of the remuneration payable under
the terms of employment, or, which is not
payable under any award or settlement
between the parties or order of a court;
(ii) the value of any house accommodation,
or of the supply of light, water, medical
attendance or other amenity or of any service
excluded from the computation of wages by a
general or special order of the Government;
(iii) any contribution paid by the employer
to any pension or provident fund, and the
interest which may have accrued thereon;
(iv) any travelling allowance or the value of
any travelling concession;
(v) any sum paid to the employee to defray
special expenses incurred by him on account
of the nature of his employment; or
(vi) any gratuity payable on the termination
of employment in cases other than those
specified in sub-clause (d);
(25) “week” means a period of seven days
beginning at midnight on Saturday;
(26) “young person” means a person who is not a
child but has not completed eighteen years of age.
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3. Registration of Establishments and renewal of
registration certificates.— (1) Within the period
specified in sub-section (3), the employer of every
establishment [except a bank] shall send to the
Inspector concerned, a statement in the prescribed
form together with such fees as may be prescribed,
containing-
(a) The name of the employer and the manager,
if any;
(b) The postal address of the establishment;
(c) The name, if any, of the establishment;
(d) Category of the establishment; and
(e) Such other particulars as may be prescribed.
(2) On receipt of the statement and the fees, the
Inspector shall, on being satisfied about the
correctness of the statement, register the
establishment in the Register of Establishments in
such manner as may be prescribed and shall issue
in the prescribed form a registration certificate to
the employer who shall display it at a prominent
place in the establishment.
(3) The period in respect of establishments
mentioned in column (1) below for filling the
statement and depositing the fees as required under
sub-section (1) shall be as specified against it in
column (2)–
Establishment
Period
(1)
(2)
(i) Establishment existing
Ninety days from the
on the date on which this date on which the
Act into force comes
Act comes into force.
(ii) New Establishments
Ninety days from
the date on which
the establishment
commences its
work.
(4) The Inspector may, on receipt of an application
made by the employer together with the fees
prescribed therefore, renew the registration
certificate for a period not exceeding five years
commencing from the date its expiry;
(5) Every application for the renewal of the
registration certificate shall be made in such form
and in such manner as may be prescribed so as to
reach the Inspector not later than thirty days before
the date of its expiry;
Provided that an application for the renewal of
registration certificate received not later than thirty
days after its expiry may be entertained by the
Inspector on the application paying such penalty,
not exceeding twenty-five rupees, as may be
prescribed.
(6) An application for the renewal of a registration
certificate under sub-section (5), shall, until
communication of orders on his application, be
entitled to act as if the registration certificate had
been renewed.
(7) In the event of any doubt or differences of
opinion between an employer and the Inspector as
to the category to which an establishment would
belong, the Inspector shall refer the matter to the
prescribed authority which shall after such inquiry
as it thinks proper decide the category of such
establishment and its decision shall be final for the
purposes of this Act.
3-A. Registration and renewal of registration
certificate in respect of Bank.— (1) Within the period
specified in sub-section (3) of section 3, every bank
shall send to the Inspector concerned, a statement
in the prescribed form together with registration
fees amounting to Rs. 25,000/-, containing.
(a) the name of the bank and its General
Manager or Branch Manager or Regional Manager
or Manager, as the case may be;
(b) the postal address of the bank;
(c) such other particulars as may be prescribed.
(2) On receipt of the statement and the registration
fees, the Inspector shall, on being satisfied about
the correctness of the statement, register the bank
in the register of establishments in such manner as
may be prescribed and shall issue in the prescribed
form a Registration Certificate to the bank which
shall display it at a prominent place in the bank.
(3) The Inspector may, on receipt of the
application made by the bank together with fees
amounting to 9[Rs. 5,000/- in case of bank situated
within the limits of a Municipal Council and
Rs. 1,000/- in other cases] renew the registration
certificate for a period of one year commencing from
the date of its expiry.
17. Daily and weekly hours of work for young
persons.— Notwithstanding anything contained in
this Act, no young persons shall be required or
allowed to work in any establishment for more than
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seven hours in any day and forty-two hours in any
week nor shall such person be allowed to work
overtime.
18. Maternity benefit.— The periods of absence
from duty in respect of which a woman employee is
entitled to maternity leave under section 19, shall
be treated as authorised absence from duty, and the
woman employee shall be entitled to maternity
leave, but not to any wages for any of those periods.
31. Wages to be paid in current coin or currency
notes.— All wages shall be paid in current coin or
currency notes or in both.
52. Penalties.— Any employer who contravenes
any of the provisions of sections 4, 5 to 8, 10 to 25, 27
to 39, 41 and 57 shall be punishable for a first offence
with fine which may extend to two hundred and
fifty rupees, for a second offence with fine which
shall not be less than five hundred rupees and which
may extend to one thousand rupees and for a third
or subsequent offence with fine which shall not be
less than one thousand five hundred rupees and
which may extend to two thousand rupees:
Provided that where any employer fails to possess
a valid certificate of registration in contravention of
the provisions of section 3 or 3-A or of the rules made
thereunder, he shall, on conviction, be punishable,
in the case of a continuing offence, with a further
fine which may extend to hundred rupees for each
day during which the offence continues.
57. Restriction on double employment,
maintenance of registers, records, etc.— (1) No
employee shall work in any establishment, nor shall
any employer knowingly permit an employee to work
in any establishment, on a day or part of a day on
which the employee is given a holiday or is on leave
in accordance with the provisions of this Act.
(2) Subject to the control of the Government, an
employer shall maintain such registers and records
and display such notices, as may be prescribed. All
such registers and records shall be kept, and all such
notices shall be displayed on the premises of the
establishment to which they relate.
(3) Every employer shall on demand produce or
cause to be produced for inspection by an Inspector
all registers, records and notices required to be kept
by or under this Act.
(4) Every employer shall submit such returns
relating to his business, in such manner and within
such period, and to such authority as may be
prescribed.
(5) Every employer shall give an order of
appointment to his employee in the establishment
before such employee joins the service:
Provided that in the case of an employee in the
service at the commencement of this Act, the
employer shall give such order of appointment within
a period of three months from the date of such
commencement.
61. Exemptions.— (1) Nothing in this Act shall
apply to—
(a) employees in any establishments whose
average monthly wages exceed 15[six thousand
five hundred rupees]:
(b) establishments under the Central and State
Governments, local authorities, cantonment
authorities, the Reserve Bank of India, a railway
administration operating any railway as defined
in clause (20) of article 366 of the Constitution;
(c) establishments in mines and oil fields;
(d) establishments in bazaar or in places where
fairs or festivals are held temporarily for a period
not exceeding one month at a time.
16[(e) establishments belonging to any
nationalised, scheduled or co-operative bank;
(f) establishments known as „Gadas as defined
under clause (10-A) of section 2.]
(2) Nothing in section 4 or section 10, as the case
be, shall apply to—
(a) hospitals and other institutions for
treatment or care of the sick, the infirm, destitute
or the mentally unfit;
(b) such chemists or druggists shops as the
Government may, by general or special order,
specify;
(c) hair-dressing shops, clubs and residential
hotels, educational institutions, hostels attached
to schools or colleges, and establishments
maintained in connection with the boarding and
lodging of pupils and resident masters;
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(d) stalls and refreshment rooms at railway
stations, docks, wharves, ports, airports or bus
stands;
(e) establishments wholly or principally
engaged in the sale of ice or aerated water;
(f) establishments wholly or principally
engaged in the sale of funeral requisites.
(3) Nothing in sections 4, 5, 8 or 10 shall apply
to—
(a) persons whose work is of an intermittent
nature such as caretaker, sweeper, travelling staff;
(b) persons employed for loading and
unloading goods at godowns.
(4) The Government may, by notification, exempt
either permanently or for any specified period, any
establishment or class of establishments, or persons
or classes of persons, from all or any of the provisions
of this Act, subject to such condition as they may
deem fit.
(5) Notwithstanding anything contained in the
foregoing sub-sections, the Government may, by
notification, apply all or any of the provisions of this
Act to any class of persons or establishments
mentioned in those sub-sections other than those
mentioned in clause (b) of sub-section (1) and modify
or cancel any such notification.
———ttt———
Department of Law
Legal Affairs Division
__
Notification
7/31/2021-LA
The Goa Shops and Establishments
(Amendment) Act, 2021. (Goa Act 30 of 2021),
which has been passed by the Legislative
Assembly of Goa on 30-07-2021 and assented
to by the Governor of Goa on 20-09-2021, is
hereby published for the general information
of the public.
D. S. Raut Desai, Joint Secretary (Law).
Porvorim, 24th September, 2021.
The Goa Shops and Establishments
(Amendment) Act, 2021
(Goa Act 30 of 2021) [20-09-2021]
AN
ACT
further to amend the Goa, Daman and Diu
Shops and Establishments Act, 1973 (Act
No. 13 of 1974).
Be it enacted by the Legislative Assembly
of Goa in the Seventy-second Year of the
Republic of India as follows:
1. Short title and commencement.— (1) This
Act may be called the Goa Shops and
Establishments (Amendment) Act, 2021.
(2) It shall come into force on such date as
the Government may by notification in the
Official Gazette, appoint.
2. Amendment of section 2.— In section 2
of the Goa, Daman and Diu Shops and
Establishments Act, 1973 (Act No.13 of 1974)
(hereinafter referred to as the “principal
Act”), in clause (7), the expression “or
dependent relative of an employer or his
partner, who is living with and depending
upon such employer or partner” shall be
omitted.
3. Amendment of section 3.— In section
3 of the Principal Act”,—
(i) in sub-section (1), for the expression
“in the prescribed form together with such
fees as may be prescribed”, the expression
“in such form and such manner and
alongwith such fees and such documents
as prescribed” shall be substituted;
(ii) in sub-section (2), for the expression
“on receipt of the statement and the fees,
the Inspector shall, on being satisfied about
the correctness of the statement,” the
expression “The Inspector shall, within the
period of seven working days from the date
of receipt of the statement and the fees,”
shall be substituted;
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(iii) after sub-section (2), the following
sub-section shall be inserted, namely:—
“(2A) If the Inspector fails to register
the establishment within the prescribed
period specified in sub-section (2), such
establishment shall be deemed to have
been registered under this Act,
immediately on the expiration of such
period and the electronic certificate of
registration shall be auto generated.”
(iv) for sub-section (4), the following sub-
section shall be substituted, namely:—
“(4) The Inspector shall, within a
period of seven working days from the
date of receipt of the application for
renewal made by the employer together
with such fees as prescribed, renew the
registration certificate for such period as
requested by the applicant.”;
(v) after sub-section (4), the following
sub-section shall be inserted, namely:—
“(4A) If the Inspector fails to renew the
registration certificate within the period
specified in sub-section (4), such
registration certificate shall be deemed
to have been renewed immediately on
expiry of such period and an electronic
certificate of renewal shall be auto
generated.”
(vi) for sub-section (5), the following sub-
section shall be substituted, namely:—
“(5) Every application for the renewal
of the registration certificate shall be
made in such form and in such manner
as prescribed not later than thirty days
before the date of it’s expiry and an
application made beyond such period
shall not be entertained by the Inspector
unless the applicant pays such penalty,
not exceeding twenty five percent of the
registration fees, prescribed.”
4. Amendment of section 3-A.— In section
3A of the principal Act,-
(i) in sub-section (1), for the words “the
prescribed form together with registration
fees amounting to Rs. 25,000/-,” the words
“in such form, manner and documents as
may
be
prescribed
together
with
registration fees amounting to Rs. 25,000/-”
shall be substituted;
(ii) in sub-section (2), the expression “on
being satisfied about the correctness of the
statement,” shall be omitted;
(iii) for sub-section (3), the following sub-
section shall be substituted, namely:—
“(3) The inspector shall, within a
period of seven working days from the
date of receipt of the application made by
the bank or financial institution together
with fees amounting to Rs. 5,000/- per
year in case of bank situated within
the limit of a municipal council and
Rs. 1,000/- per year, in other cases, renew
the registration certificate for such period
as requested by the applicant”.
(iv) after sub-section (3), the following
sub-section shall be inserted, namely:—
“(3A) If the Inspector fails to renew the
registration certificate within the period
specified in sub-section (3), such
registration certificate shall be deemed
to have been renewed immediately on
expiry of such period and an electronic
certificate of renewal shall be auto
generated.”
5. Insertion of new section 17A.— After
section 17 of the principal Act, the following
section shall be inserted, namely:—
“17A. Restriction on employment of
women.— (1) No woman shall be required
or allowed to work in any shop or
establishment except between the hours of
6.00 a.m. and 7.00 p.m.
Provided that where the Government or
any person authorized by it, in this behalf,
is satisfied that the provisions of adequate
protection of women’s dignity, honour,
safety, and the facility of transportation from
the shop or establishment to the door step
of their residence exists, it or he may, after
obtaining the consent of the woman
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employee, allow her to work between 7.00
p.m. to 6.00 a.m.
(2) The Government, may by notification,
require that the employer of shop or
establishment shall provide such other
provisions as may be specified therein to the
woman employee working between 7.00
p.m. to 6.00 a.m.”
6. Amendment of section 18.— In section
18 of the principal Act, for the words “but not
to any wages”, the words “with wages” shall
be substituted.
7. Amendment of section 31.— In section
31 of the principal Act, for the words “in
current coin or currency notes or in both”, the
words “by cheque or by crediting the wages
in the bank account of the employee” shall be
substituted.
8. Amendment of section 52.— In section
52 of the principal Act,—
(i) for the words “less than two hundred
and fifty rupees”, the words “less than ten
thousand rupees” shall be substituted;
(ii) for the words “five hundred rupees”,
the words “twenty thousand rupees” shall
be substituted;
(iii) for the words “one thousand rupees”,
the words “thirty thousand rupees” shall
be substituted;
(iv) for the words “one thousand five
hundred rupees”, the words “forty
thousand rupees” shall be substituted;
(v) for the words “two thousand rupees”,
the word “fifty thousand rupees” shall be
substituted;
(vi) in the proviso, for the words “hundred
rupees”, the words “five hundred rupees”
shall be substituted.
9. Insertion of new section 52A.— After
section 52 of the principal Act, the following
section shall be inserted namely:—
“52A. Compounding of Offences.— (l)
Any offence punishable under this Act, not
being an offence punishable with
imprisonment only, or with imprisonment
and also with fine, may, on an application
of the accused person, either before or after
the institution of any prosecution, be
compounded by such Officer, as the State
Government may, by notification in the
Official Gazette, specify, for a sum of rupees
seventy five percent of the maximum fine
provided for such offences, in the manner
as may be prescribed.
(2) Nothing contained in sub-section (l)
shall apply to an offence committed by a
person for the second time or thereafter
within a period of five years from the date,—
(a) of commission of a similar offence
which was earlier compounded;
(b) of commission of a similar offence
for which such person was earlier
convicted.
(3) Every officer referred to in sub-section
(1) shall exercise the powers to compound
an offence, subject to the direction, control
and supervision of the State Government.
(4) Every application for the compoun-
ding of an offence shall be made in such
form and in such manner as may be
prescribed.
(5) where any offence is compounded
before the institution of any prosecution, no
prosecution shall be instituted in relation to
such offence, against the offender in relation
to whom the offence is so compounded.
(6) Where the composition of any offence
is made after the institution of any
prosecution, such composition shall be
brought by the officer referred to in sub-
section (1) in writing, to the notice of the
court in which the prosecution is pending
and on such notice of the composition of the
offence being given, the person against
whom the offence is so compounded shall
be discharged.
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(7) Any person who fails to comply with
an order made by the officer referred to in
sub-section (1), shall be liable to pay a sum
equivalent to twenty percent of the
maximum fine provided for the offence, in
addition to such fine.
(8) No offence punishable under the
provisions of this Act shall be compounded
except under and in accordance with the
provisions of this section.
10. Amendment of section 57.— In section
57 of the principal Act, in sub-section (2),—
(i) for the expression “as may be
prescribed,” the expression “as may be
prescribed
either
electronically
or
manually.” shall be inserted.
(ii) for the expression “.” at the end, the
expression“:” shall be substituted.
(iii) the following proviso shall be inserted,
namely:—
“Provided that in case of electronic
maintenance of registers and records, at
the time of inspection by an Inspector, the
employer shall submit hard copy of such
registers and records duly signed by
him”.
11. Amendment of section 61.— In section
61 of the principal Act, in sub-section (1), in
clause (a), for the words “six thousand five
hundred”, the words “twenty-four thousand”
shall be substituted.
Secretariat
CHOKHA RAM GARG
Porvorim, Goa.
Secretary to the
Dated: 24-09-2021.
Government of Goa
Law Department
(Legal Affairs).
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