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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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