1863

Panaji, 21st October, 2021 (Asvina 29, 1943)

SERIES I No. 30

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

NOTE

There is an extraordinary issue to the Official Gazette, Series I No. 29 dated 14-10-2021, namely Extraordinary dated

19-10-2021 from pages 1845 to 1862, Department of Law, Notifications regarding the Goa Agricultural Tenancy

(Amendment) Act, 2021 and the Goa Co-op. Societies (Amendment) Act, 2021.

INDEX

Department

Order/Notification/Addendum

Subject

Pages

Agriculture

Not.- 3/3/Hort/SSS-GSHCL/

Amendment to SSS — Promotion of

1863

Dir. & ex officio Joint Secy.

/2/2021-22/D.Agri/453

Vegetables with Assured Market 2015.

Animal Husbandry &

Ord.- 8-2(47)/2021-2022/3913

Revival of posts.

1864

Veterinary Services

Dir. & ex officio Joint Secy.

3.a. Goa Legislature Secretariat

LA/LEGN/2021/1422

The Goa Appropriation (No. 5) Bill, 2021.

1866

b. —do—

LA/LEGN/2021/1423

The Goa Preservation of Trees (Amendment)

1868

Bill, 2021.

c. —do—

LA/LEGN/2021/1424

The Goa (Verification of Tenants) Bill, 2021.

1877

Labour

Not.- 24/19/2021-LAB

Draft Rules — The Industrial Relation (Goa)

1879

Secretary

Rules, 2021.

Social Welfare

Ord.- 3-31-2015-16-ADMN/

Creation of posts.

1920

Dir. & ex officio Joint Secy.

/Part III/3395.

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

–––

Notification

3/3/Hort/SSS-GSHLC/2/2021-22/D.Agri/453

Sub: Amendment to State Sector Scheme

‘Promotion of Vegetables with

Assured Market 2015’.

Ref: Notification No. 3/3/Hort/SSS-

GSHCL/2/2016-17/D.Agri. 37 dated

26-05-16 published in the Official

Gazette, Series I, No. 8.

Amendment

Para 5 (iv) will be replaced and shall be

read as below:

The Rate Fixation Committee shall fix the

procurement rates for vegetables. The

procurement rate shall be fixed at 150% of

the average cost of production.

The Rate Fixation Committee shall consists

of following Members:

Director of Agriculture — Chairman

Deputy Director of

— Member

Agriculture (Hort)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1864

Assistant Director of

— Member

Agriculture (Farms)

Accounts Officer

— Member

Other contents of the Notification remains the same. This Amendment shall come into force

with immediate effect.

This issues with the approval of Government vide FMS No. 1400081443 dated 23-09-2021.

By order and in the name of Governor of Goa.

Nevil Alphonso, Director (Agriculture) & ex officio Joint Secretary.

Tonca-Caranzalem, 05th October, 2021.

———ttt———

Department of Animal Husbandry

Directorate of Animal Husbandry & Veterinary Services

—–

Order

8-2(47)/2021-2022/3913

Sanction of the Government is hereby accorded for the revival of 26 (twenty six) lapsed posts

of Group “C” on regular basis in the Directorate of Animal Husbandry and Veterinary Services,

Panaji. The details are as shown below.

Sr. No.

Designation/

Category of the

Post

No. of

Posts

Creation Order

Pay Scale

Budget Head

Lower Division

Clerk

G.O. No. 8-

2(47)/18-19/4420

dated

17-10-2018

Pay matrix

Level-2,

PB-5200-

20200+GP

Rs. 1900/-

2403-Animal

Husbandry,

00-,

101-Veterinary

Services & Animal

Health,

06-Veterinary

Dispensaries &

Hospitals,

01-Salaries

G.O. No. DF-8-

Vet/63/3692

dated

02-02-1963

Pay matrix

Level-2,

PB-5200-

20200+GP

Rs. 1900/-

G.O. No. 2-1-76-

AH dated

31-07-1980

Pay matrix

Level-2,

PB-5200-

20200+GP

Rs. 1900/-

2403-Animal

Husbandry,

00-,

001-Direction &

Administration,

01-Direction,

01-Salaries

G.O. No. 2-29-AH-

AGR/70

dated

05-03-1971

Pay matrix

Level-2,

PB-5200-

20200+GP

Rs. 1900/-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1865

G.O. No. 2-2-75-

AH dated

07-04-1976

Pay matrix

Level-2,

PB-5200-

20200+GP

Rs. 1900/-

2403-Animal

Husbandry,

00-,

102-Cattle & Buffalo

Development,

01-Government

Livestock Farm,

01-Salaries

G.O. No. 2-10-90-

AH (Part)

dated

08-05-1991

G.O. No. 2-13-87-

AGR dated

06-07-1987

Pay matrix

Level-2,

PB-5200-

20200+GP

Rs. 1900/-

2404-Dairy

Development,

00-,

102-Dairy

Development

Projects,

08-Special Livestock

Breeding

Programme,

01-Salaries

Pump Operator

G.O. No. 2-6-81-

AH dated

04-06-1983

Pay matrix

Level-2,

PB-5200-

20200+GP

Rs. 1900/-

2403-Animal

Husbandry,

00-,

102-Cattle & Buffalo

Development.

01-Govt. Livestock

Farm,

01-Salaries

Multi Tasking Staff

G.O. No. 2-10-90-

AH(Part)

dated

08-05-1991

Pay matrix

Level-1,

PB-5200-

20200+GP

Rs. 1800/-

2404-Dairy

Development,

00-,

102-Dairy

Development

Projects,

06-Government

Livestock Farm,

01-Salaries

G.O. No. 2-6-81

-AH/Part II

dated

19-03-1984

Pay matrix

Level -1, PB-

5200-20200+GP

Rs. 1800/-

2403-Animal

Husbandry,

00-,

102-Cattle & Buffalo

Development,

01-Government

Livestock Farm,

01-Salaries

G.O. No. 2-10-90-

AH(Part)

dated

08-05-1991

Pay matrix

Level-1,

PB-5200-

20200+GP

Rs. 1800/-

2404-Dairy

Development,

00-,

102-Dairy

Development

Projects,

07-Key Village

Scheme,

01-Salaries

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1866

Field Assistant

G.O. No. 2-1-76-

AH dated

31-07-1980

Pay matrix

Level -2,

PB-5200-

20200+GP

Rs. 1900/-

2404-Dairy

Development,

00-,

102-Dairy

Development

Projects,

01-Rural Dairy

Extension,

01-Salaries

G.O. No. 2-72-

AH/AGRI/70

dated

05-11-1972

2403- Animal

Husbandry,

00-,

107-Fodder & Feed

Development,

03-Fodder

Demonstration &

Extension,

01-Salaries

This issues with the concurrence of Finance Department vide their U.O. No. 1400082289

dated 04-10-2021.

By order and in the name of the Governor of Goa.

Dr. Agostinho Misquita, Director & ex officio Jt. Secretary (AH).

Panaji, 11th October, 2021.

———ttt———

Goa Legislature Secretariat

–––

LA/LEGN/2021/1422

The following bill which was introduced in the Legislative

Assembly of the State of Goa on 18th October, 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 Appropriation (No. 5) Bill, 2021

(Bill No. 50 of 2021)

BILL

to authorise payment and appropriation of certain further sums

from and out of the Consolidated Fund of the State of Goa for

the services and purposes of the financial year 2021-22.

Be it enacted by the Legislative Assembly of Goa in the

Seventy-second Year of the Republic of India, as follows:—

1. Short title.— This Act may be called the Goa Appropria-

tion (No. 5) Act, 2021.

2. Issue of Rs. 775,48,18,000/- out of the Consolidated Fund

of the State of Goa for the financial year 2021-22.— From and out

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1867

of the Consolidated Fund of the State of Goa, there may be paid

and applied sums not exceeding those specified in column (5) of

the Schedule hereto amounting in the aggregate to the sums of

seven hundred seventy five crore forty eight lakh eighteen thou-

sand rupees towards defraying the several charges which will

come in the course of payment during the financial year 2021-22

in respect of the services and for purposes specified in column (2)

of the said Schedule.

3. Appropriation.— The sums authorised to be paid and

applied from and out of the Consolidated Fund of the State of Goa

under this Act, shall be appropriated for the services and pur-

poses expressed in the said Schedule to this Act in relation to the

said financial year.

SCHEDULE

(See sections 2 and 3)

(Rs in lakhs)

Sums not exceeding

Demand

Voted by

Charged on the

Total

No.

Services and purposes

Assembly Consolidated Fund

(1)

(2)

(3)

(4)

(5)

Raj Bhavan (Charged)

—

100.00

General Administration and

1200.00

—

1200.00

Coordination

Prosection

82.50

—

82.50

Debt Services (Charged)

—

3025.34

Transport

4537.00

—

4537.00

Collectorate, North Goa

1360.00

—

1360.00

Collectorate, South Goa

500.00

—

500.00

Police

6804.27

—

6804.27

Industries Trade and Commerce

0.01

—

0.01

Public Works

20027.00

—

20027.00

Vigilance

0.01

—

0.01

Home

0.01

—

0.01

Fire and Emergency Services

282.50

—

282.50

Panchayats

4000.00

—

4000.00

School Education

8032.00

—

8032.00

Technical Education

0.01

—

0.01

Art and Culture

560.35

—

560.35

Goa College of Art

25.00

—

25.00

Goa Medical College

1500.00

—

1500.00

Labour

20.00

—

20.00

Food and Drugs Administration

86.27

—

86.27

Municipal Administration

6603.21

—

6603.21

Information and Publicity

3711.00

—

3711.00

Women and Child Development 12176.96

—

12176.96

Law

0.01

—

0.01

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1868

(1)

(2)

(3)

(4)

(5)

Fisheries

2414.72

—

2414.72

Forests

0.01

—

0.01

Civil Supplies

500.00

—

500.00

TOTAL

74422.84

3125.34

77548.18

Statement of Objects and Reasons

The Supplementary Demands for Grants for the year 2021-22

(Second Batch) was presented to the Legislative Assembly. This

Bill is introduced in pursuance of Article 204 read with Article 205

of the Constitution of India to provide for appropriation of certain

further sums from and out of the Consolidated Fund of the State of

Goa, to meet the expenditure on certain services, granted by the

Legislative Assembly for those services, during the financial year

2021-22.

Porvorim, Goa

DR. PRAMOD SAWANT

18th October, 2021.

Finance Minister/Chief Minister

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the

18th October, 2021.

Legislative 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, Governor of Goa, hereby recommend the

introduction and consideration of the Goa Appropriation (No. 5)

Bill, 2021, by the Legislative Assembly of Goa.

———t———

LA/LEGN/2021/1423

The following bill which was introduced in the Legislative

Assembly of the State of Goa on 18th October, 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 Preservation of Trees (Amendment) Bill, 2021

(Bill No. 51 of 2021)

Bill

further to amend the Goa, Daman and Diu Preservation of Trees

Act, 1984 (Act No. 6 of 1984).

BE it enacted by the Legislative Assembly of Goa in the Seventy

–second Year of the Republic of India as follows:-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1869

1. Short title and commencement.— (1) This Act may be called

the Goa Preservation of Trees (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of long title.— In the Goa, Daman and Diu

Preservation of Trees Act, 1984 (Act 6 of 1984) (hereinafter referred

to as the “principal Act”), in the long title, for the expression

“Union territory of Goa, Daman and Diu”, the words “State of

Goa” shall be substituted.

3. Amendment of section 1.— In section 1 of the principal Act,-

(i) in sub-section (1), the expression, “Daman and Diu” shall

be omitted;

(ii) in sub-section (2), for the expression “Union territory of

Goa, Daman and Diu”, the words “State of Goa” shall be

substituted.

4. Amendment of section 2.— In section 2 of the principal

Act,-

(i) in clauses (c) and (e), the expression, “Daman and Diu”

shall be omitted;

(ii) for clause (j), the following clause shall be substituted,

namely:–

“(j) “tree” means any woody plant whose branches spring

from and are supported upon a trunk or body and whose

trunk or body is not less than ten centimeters in diameter at

a breast height (dbh-1.37 metres) from the ground level and

includes coconut palm;”

5. Amendment of section 3.— In section 3 of the principal

Act,-

(i) for sub-section (1), the following sub-section shall be

substituted, namely:—

“(1) The Government shall, by notification, constitute a

Tree Authority for the State of Goa which shall be the principal

advisory body for protection and conservation of trees covered

by this Act.”;

(ii) for sub-section (2), the following sub-section shall be

substituted, namely:—

“(2) The Tree Authority shall consist of the following

members, namely:—

(i) Principal Secretary (Forests) – Chairperson;

(ii) Principal Chief Conservator of Forests – Member.

(iii) Additional Principal Chief Conservator of Forests and

Chief Wildlife Warden – Member.

(iv) Four Members of the Legislative Assembly of Goa

nominated by the Government – Members.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1870

(v) Two Representatives of the local bodies nominated

by the Government – Members.

(vi) Secretary (Urban Development) – Member.

(vii) Secretary (Revenue) – Member.

(viii)Secretary (Panchayats) –Member.

(ix) Member Secretary, Goa State Biodiversity Board –

Member.

(x) Head of Botany Department, Goa University –Member.

(xi) Deputy Conservator of Forests (Planning & Statistics)

-Member Secretary.

(2A) Experts from the relevant fields based on requirement

may be invited by the Chairperson for deliberation.”.

6. Amendment of section 7.— In section 7 of the principal Act,

for clauses (a), (b), (d), (e), (g) and (i), the following clauses shall

be respectively substituted, namely:—

“(a) advising Government and all concerned for preservation

of all trees within its jurisdiction;

(b) maintaining record of tree cover outside forest based on

the report of Forest Survey of India, Ministry of Environment,

Forest and Climate Change, Government of India and update

the same from time to time and take measures, whenever and

wherever required, to further increase the tree cover. Obtain,

whenever considered necessary, declarations from all owners

or occupants about the number of trees in their lands;

(d) creating an enabling environment, to encourage and

promote tree plantation on non-forest, private land for improving

quality and quantity of Tree Cover outside forest. Advise

stakeholders for development of nurseries and supply of saplings

to persons who are required to plant new trees or to replace

trees which have been felled;

(e) advising concerned departments for planting and

transplanting of trees whenever feasible, considering all relevant

aspects, necessitated by construction of building, new roads or

widening of existing roads or replacement of trees which have

failed to come up along roads or for safeguarding danger to life

and property;

(g) advising and guiding all concerned for planting and

maintaining such number of trees as may be considered

necessary according to the prescribed standards on roads,

public parks and gardens and on the banks of the river or lakes

or sea shores;

(i) whenever considered necessary, to undertake critical

study of the proposals of various Government Departments and

private bodies for construction of buildings, roads, factories,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1871

irrigation works, laying out of electric, telephone, telegraphic

and other transmission lines with regard to protection of existing

trees and planting of more trees, wherever possible; and”.

7. Amendment of section 9.— In section 9 of the principal Act,

in sub-section (1), for the figure and the word “1 meter”, the

figures and word “1.37 meter” shall be substituted.

8. Amendment of section 15.— In section 15 of the principal

Act, in sub-section (1), for the words “thirty days”, the words

sixty days from the date of such order or directions.”.

9. Amendment of section 22.— In section 22 of the principal

Act, in clause (a), in sub-clause (i), for the words “rupees twenty-

five thousand”, the words “rupees fifty thousand” shall be

substituted.

10. Amendment of section 32A.— In section 32A of the principal

Act, for the words “such area”, the expression “such area and/

or tree grown thereupon” shall be substituted.

Statement of Objects and Reasons

The Goa, Daman and Diu Preservation of Trees Act, 1984 (Act

No. 6 of 1984) (hereinafter referred to as the “said Act”) was

enacted by Legislative Assembly of Goa, Daman and Diu when

Goa was a part of the Union Territory of Goa, Daman and Diu.

After enactment of the Goa, Daman and Diu Reorganization Act,

1987 (Central Act 18 of 1987), a new State of Goa as also a new

Union Territory of Daman and Diu were formed. After Goa attained

statehood, the said Act remained in force and it is now proposed

to omit the expressions, “Daman and Diu” and “Union territory”

from the said Act.

The Bill further seeks to amend clause (j) of section 2 of the

said Act, as the State of Goa is situated in Western Ghats

characterized by heavy rainfall and luxuriant growth of vegetation

the need to suitably define the dimensions of tree in a more

reasonable manner has been felt for a long time. The definition of

the tree is now proposed to be changed as any woody plant

whose branches spring from and are supported upon the trunk

or the body and whose trunk or body is not less than ten

centimeters in diameter at a breast height (dbh- 1.37 metres)

from the ground level and includes coconut palm. As in Forestry/

Silviculture tree diameter is always measured at 1.37 m, diameter

at breast height (DBH), due to its practical application and ease

for its measurement in field conditions. This is also in accordance

to the definition of tree as followed by Forest Survey of India and

in other forestry measurements.

The Bill also seeks to amend section 3 of the said Act, so as to

ensure holistic approach with a single apex authority at the State

level for effective guidance and supervision for protection and

conservation of trees in Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1872

The proposed Authority shall act as principal advisory to the

Government for protection, preservation and conservation of trees

covered under the said Act. The proposed amendment has not

excluded any of the earlier members instead strengthen the

authority with additional senior level members including Principal

Chief Conservator of Forests, Chief Wildlife Warden and Member

Secretary, State Biodiversity Board to ensure larger stakeholder

participation.

The Bill also seeks to amend section 7 of the said Act, so as to

ensure holistic approach for the duties of the single apex Tree

Authority at the State level for effective guidance and supervision

for protection and conservation of trees in Goa.

The Bill also seeks to amend sub-section (1) of section 15 (1) of

the said Act so as to increase quantum of the period of thirty

days provided to file appeal to sixty days in view of directions of

Hon’ble High Court passed by an order dated 08-07-2021 in

Public Interest Litigation Writ Petition No. 08/2021 (Living Heritage

Foundation Vs State of Goa and Others).

The Bill also seeks to amend section 22 of the said Act so as to

increase quantum of the compounding fee with a view to make

it more deterrent and also considering the increase in the market

value of timber/produce over the years. Further, the maximum

penalty specified in section 25 of the said Act is one lakh which

is more than the compounding fee. The compounding fee is

proposed to be increased to rupees fifty thousand from the existing

rupees twenty five thousand.

The Bill also seeks to amend section 32A of the said Act, so as

to enable the Government to exempt trees from the provisions of

said Act; in order to facilitate agroforestry and farm forestry in

Goa.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in this Bill.

Memorandum Regarding Delegated Legislation

Clause 5 of the Bill empowers the Government to issue

notification for constituting a Tree Authority.

This delegation is of normal character.

Porvorim, Goa

Dr. Pramod Sawant

18th October, 2021

Chief Minister/Minister for Forests.

Assembly Hall,

Namrata Ulman

Porvorim, Goa.

Secretary to the Legislative

Assembly of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1873

ANNEXURE

Section

Existing Provisions

Proposed Amendment

Remarks

GOA, DAMAN AND DIU

PRESERVATION OF TREES

ACT, 1984

GOA PRESERVATION OF

TREES ACT, 1984

(i)

Short title, extent and

commencement.-

This Act may be called the

Goa, Daman and Diu

Preservation of Trees Act,

1984 .

For the words “Union

Territory” wherever they

occur

Short title, extent and

commencement.-

This Act may be called the

Goa Preservation of Trees

Act, 1984.,

the words “State of Goa”

shall be substituted

Amendment proposed as

the earlier act was enacted

in 1983 when Goa was part

of Indian Union as Union

Territory and now it is a

state and Daman & Diu are

union territories

(a),

(aa) &

(e)

Definitions.— In this Act,

unless the context

otherwise require

Government

The expressions “Daman

and Diu”

Definitions.— In this Act,

unless the context

otherwise require

Government of Goa

Shall be omitted

Proposed for legal

definition in this Act

(j)

“tree” means any woody

plant whose branches

spring from and are

supported upon the trunk

or the body and whose

trunk or body is not less

than ten centimeters in

diameter at a height of one

metre from the ground level

(and includes Coconut

palm)

“tree” means any woody

plant whose branches

spring from and are

supported upon the trunk

or the body and whose

trunk or body is not less

than ten centimeters in

diameter at breast height

(dbh – 1.37 mts) from the

ground level (and includes

Coconut palm)

In forestry/silviculture tree

diameter

always

measured at 1.37 metres

(Diameter at breast height

– DBH) due to its practical

application and ease for its

measurements

field

conditions, this is also in

accordance

the

definition of tree as per

Forest

Survey

India

report, 2019

(1)

(2)

Establishment of the Tree

Authority.—

The Government shall, by

notification, constitute a

Tree Authority for each

revenue district in the

union territory of Goa,

Daman & Diu.

The Tree Authority shall

consist of the following

members, namely: —

(i) Development

Commissioner or any

Establishment of the Tree

Authority.—

The Government shall,

by notification,

constitute a Tree

Authority for the State

of Goa.

The Tree Authority shall

consist of the following

members, namely:—

i. Chief Secretary or

Principal Secretary

At present, there are two

Tree Authorities viz North

Goa & South Goa under the

Chairmanship of Principal

Secretary (Forests)

Proposed amendment is to

ensure holistic approach

with

single

apex

authority at the state level

with

effective

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1874

vii. Secretary (Revenue)

—Member

viii. Secretary

(Panchayats) —

Member

ix. Member Secretary,

Goa State Biodiversity

Board

x. Deputy Conservator of

Forests (Planning &

Statistics) —Member

Secretary.

(a)

(b)

Duties of Tree Authority

the preservation of all trees

within its jurisdiction;

carrying out census of the

existing trees and

obtaining, whenever

considered necessary,

declarations from all

owners or occupants about

Duties of Tree Authority

“advising Government

and all concerned for

preservation of all trees

within its jurisdiction;”

“maintaining record of

tree cover outside forest

based on the report of

Forest Survey of India,

Ministry of Environment

The Tree Authority of

Goa is reorganized for

larger

stakeholder

participations

the

Government

LI^st

Cabinet meeting held on

23/07/2007.

It necessary to amend

the duties of the Tree

Authority so as to ensure

holistic approach with a

aim of more effective

other officer not

below the rank of

Secretary to the

Government

nominated by the

Government —

Chairman;

(ii) Collector of the

concerned Revenue

District—Member;

(iii) Two Members of the

Legislative Assembly

nominated by the

Government—

Member.

(iv) Two Representatives

of the local bodies

nominated by the

Government—

Members;

(v) Conservator of Forests

or his nominee —

Member-Secretary.

(Forests)—

Chairman;

ii. Principal Chief

Conservator of Forests

– Member

iii. Additional Principal

Chief Conservator of

Forests & Chief

Wildlife Warden –

Member

iv. Four Members of the

Legislative

Assembly nominated

by the

Government—

Members.

v. Two Representatives

of the local bodies

nominated by the

Government—

Members

vi. Secretary (Urban

Development) —

Member

consequential

action

for

protection & conservation

of Trees in Goa

The proposed authority will

act as principal advisory to

the

government

for

protection,

preservation

and conservation of trees

covered under the act.

The amendment has not

excluded any of the earlier

members

instead

strengthen

the

authority

with additional senior level

members

including

Principal Chief Conservator

Forests

and

Chief

Wildlife Warden to ensure

larger

stakeholder

participation. Proposed

for the constitution the tree

authority

for

the

conservation of trees in

urban, semi-urban and in

any particular rural area

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1875

(d)

the number of trees in their

lands;

development and

maintenance of nurseries,

supply of seeds, saplings

and trees to persons who

are required to plant new

trees to replace trees

which have been felled ;

Forest

and

Climate

Change, Government of

India and update the

same from time to time

and

take

measures,

whenever and wherever

required,

further

increase the tree cover.

Obtain,

whenever

considered

necessary,

declarations

from

all

owners

occupants

about the number of

trees in their lands ;”

creating an enabling

environment,

encourage and promote

tree plantation on non-

forest, private land for

improving quality and

quantity of Tree Cover

outside

forest.

Advise

stakeholders

for

development

nurseries and supply of

saplings to persons who

consequential action for

protection

and

conservation of Trees in

Goa

(e)

(g)

planting and

transplanting of trees

necessitated by

construction of buildings,

new roads or widening of

existing roads or

replacement of trees

which have failed to

come up along roads or

for safeguarding danger

to life and property;

planting and maintaining

such number of trees as

maybe considered

necessary according to

the prescribed standards

on roads, in public parks

and gardens and on the

banks of rivers or lakes or

seashores;

are required to plant

new trees or to replace

trees which have been

felled;”

“advising

concerned

departments for planting

and

transplanting

trees whenever feasible,

considering all relevant

aspects, necessitated by

construction of building,

new roads or widening

existing

roads

replacement

trees

which have failed to

come up along roads or

for safeguarding danger

to life and property;”

“advising and guiding

all

concerned

for

planting

and

maintaining

such

number of trees as may

be considered necessary

according

the

prescribed standards on

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1876

(i)

undertaking critical study

of the proposals of various

Government Departments

and private bodies for

construction of buildings,

roads, factories, irrigation

works, laying out of

electric, telephone,

telegraphic and other

transmission lines with

regard to protection of

existing trees and

planting of more trees,

wherever possible; and

roads, public parks and

gardens

and

the

banks of the river or

lakes or sea shores; ”

“whenever considered

necessary, to undertake

critical

study

the

proposals

various

Government

Depart-

ments

and

private

bodies for construction

buildings,

roads,

factories,

irrigation

works,

laying

out

electric,

telephone,

telegraphic and other

transmission lines with

regard to protection of

existing

trees

and

planting of more trees,

wherever

possible;

and ”

Procedure for obtaining

permission to fell, cut,

remove or dispose off a

tree

Procedure for obtaining

permission to fell, cut,

remove or dispose off a

tree

(1)

“1 meter”

“1.37 meter”

Proposed in lieu of the

amendment to definition of

Tree at 2(j)

(1)

Appeal . —

An appeal shall lie against

the order or direction of the

Tree officer or the Deputy

Collector , as the case may

be under sections 9,10,11,

12 and 12A to the Appellate

Authority within a period of

thirty days .

Appeal . —

An appeal shall lie against

the order or direction of

the Tree officer or the

Deputy Collector, as the

case

may

under

sections 9, 10, 11, 12 and

12A

the

Appellate

Authority within a “period

of sixty days from the date

of such order or directions.

Amendment proposed as

per the directions of

Hon’ble High Court in PIL

Writ Petition No. 08/2021

(Living Heritage

Foundation Vs State of Goa

& Others) and also

acknowledged by the Tree

Authority meeting held on

02/09/2021

22.

(a)

Power to compound

offence

The Government may, by

notification,

empower

Tree Officer or any Forest

Officer not below the rank

of Deputy Conservator of

Forests-

to compound any offence

committed under this Act

on payment of –

Power to compound

offence

The Government may, by

notification,

empower

Tree Officer or any Forest

Officer not below the rank

of Deputy Conservator of

Forests-

to compound any offence

committed under this Act

on payment of –

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SERIES I No. 30

21ST OCTOBER, 2021

1877

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary Legislature

18th October, 2021.

–––––––––

LA/LEGN/2021/1424

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 18th October, 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 (Verification of Tenants)

Bill, 2021

(Bill No. 52 of 2021)

Bill

to provide for collection and verification of

details of the persons occupying premises

in the State of Goa either on rent or for

other consideration so as to obtain timely

information of such persons from security

point of view and for the matters connected

therewith and incidental thereto.

BE it enacted by the Legislative Assembly

of Goa in the Seventy second Year of the

Republic of India, as follows:—

1. Short title, extent commencement.— (1)

This Act may be called the Goa (Verification

of Tenants) Act, 2021.

(2) It shall extend to the whole of the State

of Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Government” means the Government

of Goa;

(b) “owner” means owner of premises;

building, any structure either temporary

or permanent or any part thereof, which

is, or is intended to be, let for use as a

residence or for commercial use or any

(i)

a sum not exceeding [

“rupees twenty-five

thousand”] by way of

composition for the offence

which such person is

suspected to have

committed, and

a sum not exceeding

[“rupees fifty thousand”]

by way of composition for

the offence which such

person is suspected to

have committed, and

Amendment proposed to

limit the power of

acceptation of

compensation by a Tree

Officer or any Forest Officer

not below the rank of

Deputy Conservator of

Forests up to Rs. 50,000/-

due to hike in market rates

and value to timber.

32A

Power of Government in

respect of Commercial

Plantation

The Government may, by

notification in Official

Gazette, specify the terms

and conditions for carrying

out commercial plantation

in the State of Goa and

exempt such areas from the

provision of this Act.

Power of Government in

respect of Commercial

Plantation

The Government may, by

notification in Official

Gazette, specify the terms

and conditions for carrying

out commercial plantation

in the State of Goa and

exempt such areas and/or

tree grown thereupon from

the provisions of this Act.

Amendment proposed to

give protection to some of

the important commercial

plantation and facilitate

agro-forestry & farm

forestry.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1878

other purpose, and includes the garden,

ground and out-houses, if any, appurtenant

to the same; but does not include a room

in a hotel or lodging house or guest house

which is registered under the Goa

Registration of Tourist Trade Act, 1982 (Act

10 of 1982);

(d) “prescribed” means prescribed by

the rules made under this Act;

(e) “tenant” means a person occupying

premises on rent or for other consideration.

3. Maintenance of Record by Owner.— (1)

Every owner shall, before allowing accommo-

dation to any tenant, in the State of Goa, verify

his bonafides by obtaining and inspecting

photo identity, such as Election card, Driving

License, Aadhaar Card, passport, or such

other documents as may be specified by the

Government by notification in the Official

Gazette.

(2) Every such owner shall maintain record

of such tenant and shall submit such

information, in such form and in such manner

and to such officer, as prescribed.

4. Inspection of records.— The Police Officer

not below the rank of Head Constable or such

other officer as may be specified by the

Government by notification in the Official

Gazette shall be entitled to inspect at any

time records required to be maintained under

section 3.

5. Non maintenance and non submission

of Information to be an offence.— (1) Failure

on the part of the owner to maintain and

submit the information in the manner as

required under the provisions of section 3 of

this Act, shall constitute an offence which

shall be punishable with imprisonment for a

term which may extend to six months or with

fine which may extend to Rs. 10,000/- (Rupees

ten thousand) or with both:

Provided that an offence punishable under

this section may be compounded by such

officer as the Government may by notification

in the Official Gazette appoint, on payment to

the credit of the Government a sum not

exceeding Rs. 10,000/- (Rupees ten thousand)

as may be specified by the Government by

notification in the Official Gazette.

(2) Every application for the compounding

of an offence shall be made in such form and

in such manner as may be prescribed by the

Government.

(3) 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.

(4) Where the compounding of an offence

is made after the institution of any

prosecution, such compounding shall be

brought to the notice of the court in which

the prosecution is pending in writing by the

officer referred to in sub-section (1), and on

such notice of the compounding of the offence

being given to the court, the person against

whom the offence is so compounded shall be

discharged.

6. Court competent to take cognizance, and

try offences.— No court other than the Court

of a Judicial Magistrate First Class shall take

cognizance of, and try an offence under this

Act.

Power

Government

give

directions.— The Government may give

direction to any Government Department or

Agency, local authority or any other authority

or any person, under this Act with regard to

collection and verification of proof of identity

of tenants occupying premises in the State of

Goa and maintenance of record thereof and

such Government Department or Agency,

local authority or any other authority or any

person shall be bound to comply with such

direction.

8. Other laws not affected.— The provisions

of this Act are in addition to, and not in

derogation of the provisions of any other law

for the time being in force.

9. Protection of action taken in good faith.—

No suit, prosecution or other legal

proceedings shall lie against the Government

or the local authority or any officer or other

employee of the Government or any other

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1879

person authorized by the Government for

anything which is in good faith done or

intended to be done in pursuance of this Act

or the rules made thereunder.

10. Power to make rules.— The Government

may, subject to the condition of previous

publication, make rules for the purpose of

carrying out the provisions of this Act.

11. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Government may,

by order, published in the Official Gazette,

make such provisions, not inconsistent with

the provisions of this Act as appear to it to be

necessary or expedient for removing the

difficulty:

Provided that no order shall be made under

this section after the expiry of two years from

the date of commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the Legislative Assembly of Goa.

Statement of Object and Reasons

The Bill seeks to provide for collection and

verification of details of the persons occupying

premises in the State of Goa either on rent or

for other consideration so as to enhance the

security of the citizens of the State of Goa

and to prevent breach of peace and for

maintenance of public order.

Financial Memorandum

No Financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

Clause 1(3) of the Bill empowers the

Government to appoint a date, by notification

in the Official Gazette, for bringing the Act

into force.

Clause 3(1) of the Bill empowers the

Government to specify additional categories

of documents for establishing the identity

proof of the tenants.

Clause 3(2) of the Bill empowers the

Government to make rules for specifying the

form, manner and the Officer to whom the

information to be submitted.

Clause 4 of the Bill empowers the

Government to issue notification to specify

the additional officers who may inspect the

records pertaining to tenants, required to be

maintained by the owner of house.

Clause 5(2) of the bill empowers the

Government to frame rules for specifying the

form and manner of making an application

for compounding of an offence.

Clause 10 of the Bill empowers the

Government to frame rules for the purpose of

implementing the provisions of the Act.

Clause 11 of the Bill empowers the

Government to make order for removing

difficulty encountered during implementation

of the Act.

These delegations are of normal character.

Porvorim-Goa

(Dr. Pramod Sawant)

19-10-2021

Chief Minister/Home Minister

Assembly Hall

(Namrata Ulman)

Porvorim-Goa

Secretary to the

19-10-2021

Legislative Assembly of Goa

———ttt———

Department of Labour

–––

Notification

24/19/2021-LAB

The following draft Rules, which the

Government of Goa proposes to make in

exercise of the powers conferred by sub-

section (1) and (2) of section 99 of the

Industrial Relations Code, 2020 (Central Act

No. 35 of 2020) and all other powers enabling

it in this behalf, are hereby pre-published as

required by sub-section (1) of section 99 of

the said Code, for information of all persons

likely to be affected thereby and notice is

hereby given that the said draft Rules will

be taken into consideration by the

Government after expiry of a period of thirty

days from the date of publication of this

Notification in the Official Gazette.

OFFICIAL GAZETTE — GOVT. OF GOA

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1880

All objections and/or suggestions to the

said draft Rules may be forwarded to the

Secretary (Labour), Secretariat, Porvorim,

Goa before the expiry of the said period of

thirty days so that they may be taken into

consideration at the time of finalization of said

draft Rules.

DRAFT RULES

In exercise of the powers conferred by

section 99 of the Industrial Relations Code,

2020 (Central Act No. 35 of 2020) and all other

powers enabling it in this behalf, the

Government of Goa hereby makes the

following Rules, namely:—

CHAPTER–I

Preliminary

1. Short title and commencement.— (1)

These rules may be called the Industrial

Relation (Goa) Rules, 2021.

(2) They extend to the whole of the State of

Goa and to the industrial establishments and

matters for which the Government of Goa is

the appropriate Government.

(3) They shall come into force on such date

as the Government, by notification in the

Official Gazette appoints.

2. Definitions.— (1) In these rules, unless

the context otherwise requires,—

(a) “Code” means the Industrial Relations

Code, 2020 (Central Act 35 of 2020);

(b)

“Electronically”

means

any

information submitted by email or

uploading on the designated portal or

digital payment in any mode for the

purpose of code;

Goa;

(d) “Tribunal” means the Industrial

Tribunal established under section 44 of

the Code;

(e)“section” means the section of the

Code;

(2) The words and expressions used in

these rules and not defined, but defined in

the Code, shall have their respective meaning

as assigned to them in the Code.

3. Written Agreement for the settlement

before the Conciliation Officer under clause

(zi) of section 2.— The Agreement under

clause (zi) of section 2 for written agreement

between the employer and worker shall be

in Form-I hereto and shall be signed by the

parties in the agreement and a copy thereof

shall be sent to the concerned Conciliation

Officer.

CHAPTER–II

Bi-Partite Forums

4. Constitution of Works Committee under

section 3.— (1) Every employer to whom an

order made under sub-section (1) of section

3 relates, shall forthwith proceed to constitute

a Works Committee as is specified in the

following sub-rules.

(2) The number of members constituting

the Committee shall be fixed so as to afford

representation to the various categories,

groups and class of workers engaged in, and

to the sections, shops or departments of the

establishment:

Provided that the total number of members

of the Works Committee shall not exceed

twenty:

Provided further that the number of

representatives of the worker in the Works

Committee shall not be less than the number

of representatives of the employer therein.

(3) Subject to the provisions of this rule,

the representatives of the employer in the

Works Committee shall be nominated by the

employer and shall as far as may be possible

be officials in direct touch with or associated

with the working of the industrial

establishment.

(4) (a) Where any workers of the industrial

establishment are members of a registered

trade union the employer shall ask the trade

union to inform him in writing as to—

(i) how many of the workers are

members of such Trade Union; and

(b) Where an employer has reason to

believe that the information furnished to him

under clause (a) by the registered Trade

Union is false, he may, after informing such

OFFICIAL GAZETTE — GOVT. OF GOA

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1881

Trade Union, refer the matter to the

Commissioner, Labour and Employment, who

shall, after hearing the parties, shall decide

the matter and his decision shall be final.

(5) On receipt of the information called for

under sub-rule (4), the employer shall provide

for the selection of worker‘s representative

on the Committee in two following groups,

namely:—

(a) Registered Trade Union may choose

their representatives as members forworks

committee in the proportion of their

membership.

(b) Where there is no registered Trade

Union, workers may chose amongst

themselves representatives for works

committee.

(6) (a) The Works Committee shall have

among its office-bearers a Chairman, a Vice-

Chairman, a Secretary and a Joint-Secretary.

The Secretary and the Joint-Secretary shall

be elected every year.

(b) the Chairman shall be nominated by

the employer from amongst the employer’s

representatives on the Works Committee and

he shall, as far as possible, be the head of the

industrial establishment;

the members, on the Works Committee

representing the workers, from amongst

themselves:

Provided that in the event of equality of

votes in the election of the Vice-Chairman,

the matter shall be decided by draw of a lot:

(d) the Works Committee shall elect the

Secretary and the Joint Secretary provided

that where the Secretary is elected from

amongst

the

representatives

the

employers, the Joint Secretary shall be

elected from amongst the representatives of

the worker and vice versa:

Provided that the post of the Secretary or

the Joint Secretary, as the case may be, shall

not be held by a representative of the

employer or the worker for two consecutive

years:

Provided that the representatives of the

employer shall not take part in the election

of the Secretary or Joint Secretary, as the

case

may

be,

from

amongst

the

representatives of the worker and only the

representatives of the worker shall be entitled

to vote in such elections;

(e) In any election under clause (d), in the

event of equality of votes, the matter shall be

decided by a draw of lot.

(7) (a) the term of office of the representatives

on the Works Committee other than a member

chosen to fill a casual vacancy shall be two

years;

(b) A member chosen to fill a casual

vacancy shall hold office for the unexpired

term of his predecessor;

from the Works Committee, fails to attend

three consecutive meetings of the Committee

shall forfeit his membership.

(8) In the event of worker’s representative

ceasing to be a member under clause (c) of

sub-rule (7) or ceasing to be employed in the

establishment or in the event of his

resignation, death or otherwise, his successor

shall be chosen in accordance with the

provisions of this rule from the same group

to which the member vacating the seat

belonged.

(9) The Works Committee shall have the

right to co-opt in a consultative capacity,

persons

employed

the

industrial

establishment having particular or special

knowledge of a matter under discussion.

Such co-opted member shall not be entitled

to vote and shall be present at meetings only

for the period during which the particular

question is before the Works Committee.

(10) (a) the Works Committee may meet as

often as necessary but not less often than

once in three months (a quarter).

(b) the Works Committee shall at its first

meeting regulate its own procedure.

(11) (a) the employer shall provide

accommodation for holding meetings of the

Works Committee. He shall also provide all

OFFICIAL GAZETTE — GOVT. OF GOA

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1882

necessary facilities to the Works Committee

and to the members thereof for carrying out

the work of the Works Committee. The Works

Committee shall ordinarily meet during

working hours of the industrial establishment

concerned on any working day and the

representative of the worker shall be deemed

to be on duty while attending the meeting;

(b) the Secretary of the Works Committee

may with the prior concurrence of the

Chairman, put up notice regarding the work

of the Works Committee on the notice board

of the industrial establishment.

Manner

choosing

members

representing the employer and the workers

for Grievance Redressal Committee under sub-

section (2) of Section 4.— (1) The Grievance

Redressal Committee shall consist of equal

number of members representing the

employer and the workers, which shall not

exceed ten.

(2) The representatives of the employer

shall be nominated by the employer and shall,

as far as may be possible, be officials in direct

touch with or associated with the working of

the industrial establishment, preferably the

heads of major departments of the industrial

establishment.

(3) The representatives of the workers shall

be chosen by the registered Trade Union and

where a negotiating council exists, such

representatives shall be chosen in the same

proportion as the Trade Unions respectively

represents in the negotiating council. In case

where there is no registered Trade union or

negotiating council, the member may be

chosen by the workers of the establishment:

Provided that there shall be adequate

representation of women workers in the

Grievance Redressal Committee and such

representation shall not be less than the

proportion of women workers to the total

workers

employed

the

industrial

establishment.

Provided further that the tenure of the

members of the Grievance Redressal

Committee shall be co-terminus with the

tenure of the members of the registered Trade

Union.

Provided further that in the absence of

registered Trade Union, the tenure of

members of Grievance Redressal Committee

shall be for a period of two years from the

date of the constitution of the Grievance

Redressal Committee.

(4) Where any workers of the industrial

establishment are members of a registered

Trade Union, the employer shall ask such

Trade Union to inform him in writing as to—

(a) How many of the workers are

members of such Trade Union;

(b) Where an employer has reason to

believe that the information furnished to

him under clause (a) by the registered

Trade Union is false, he may, after informing

such Trade Union, refer the matter to the

Commissioner, Labour and Employment,

who shall, after hearing the parties, shall

decide the matter and his decision shall

be final.

(5) On receipt of the information called for

under sub-rule (4), the employer shall provide

for the selection of workers’ representative

on the Committee by two following groups,

namely:—

(a) Registered Trade Union may choose

their representatives as members for

Grievance Redressal Committee in the

proportion of their membership.

(b) Such workers those who are not

member of registered Trade Union, may

choose amongst themselves representatives

for the Grievance Redressal Committee.

6. Application in respect of any dispute to

be filed before the Grievance Redressal

Committee by any aggrieved worker under

sub-section (5) of section 4.— Any aggrieved

worker may file an application stating his

dispute therein before the Grievance

Redressal Committee giving his name,

designation, employee Code, Department

where posted, length of service in years,

category

worker,

address

for

correspondence, contact number, details of

OFFICIAL GAZETTE — GOVT. OF GOA

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1883

grievances and relief sought. Such application

may be sent electronically or otherwise. The

Grievance may be raised within one year from

the date on which the cause of action of such

dispute arises.

7. Manner of filing application for the

conciliation of grievance as against the

decision of the Grievance Redressal Committee

to the conciliation officer under sub-section

(8) of section 4.— Any worker who is

aggrieved by the decision of the Grievance

Redressal Committee or whose grievance is

not resolved by the said Committee within

thirty days of receipt of the application, may

file an application electronically or otherwise

by registered post or speed post within the

period of sixty days from the date of the

decision of the Grievance Redressal

Committee or from the date on which the

period specified in sub-section (6) of section

4 expires, as the case may be, to the

conciliation officer through the Trade Union,

of which he is a member or otherwise:

Provided that in case the online portal is

not available, the manual receipt of such

application through registered post or speed

post, the conciliation officer shall get the same

digitized after the online portal is ready and

enter the particulars of the application in the

online mechanism under intimation to the

concerned worker.

CHAPTER–III

Trade Union

8. Payment of subscription by members of

the Trade Union under clause (f) of section 7

and sub-section (4) of section 15.— (1) A

Registered Trade Union may collect the

subscription from its members, officers

bearers or from others, as provided under

the rules of Trade Union by the Registrar on

monthly, quarterly, half yearly or yearly basis

as may be decided by the Trade Union but

shall not be less than Two Hundred Fifty

Rupees per annum.

9. Manner of audit under clause (j) of

section 7.— (1) Save as provided in sub-rule

(2), (3), (4) and (5) of this rule, the annual

audit of the accounts of any registered Trade

Union shall be conducted by an auditor

authorized to audit the accounts of companies

under section 141 of the Indian Companies

Act, 2013 (Central Act 18 of 2013).

(2) Where the membership of a Trade

Union did not at any time during the year

ending on 31st March exceed 2000 the

annual audit of the accounts may be

conducted:—

(a) by any examiner of local fund

accounts; or

(b) by any local fund auditor appointed

by the Government; or

appointment under Government in any

auditor accounts department is in receipt

of a pension of not less than Rs. 5000 per

mensem.

(3) Where the membership of a Trade

Union did not at any time during the year

ending on the 31st day of March exceed 1000,

the annual audit of the accounts may be

conducted:—

(a) by any two persons holding office as

magistrates or judges or as members of

any municipal council, district board, or

legislative body; or

(b) by any person who, having held an

appointment under Government in any

audit or accounts department, is in receipt

of a pension from Government of not less

than Rs. 5000 a month; or

the audit of any co-operative societies by

Government or by the Registrar of Co-

operative Societies or by any Co-operative

organization recognized by Government for

this purpose.

(4) Where the membership of a Trade

Union did not any time during the financial

year exceed 250, the annual audit of the

accounts may be conducted by any two

members of the Union who were not on the

executive during the period to which the

accounts pertains.

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(5) Where the Trade Union is a federation

of Unions, and the number of unions affiliated

to it at any time during the financial year did

not exceed 50, 15 or 5 respectively, the audit

of the accounts of the federation may be

conducted as if it had not at any time during

the year had membership of more than 2000,

1000 or 250, respectively.

10. Disqualification of auditors.— Notwith-

standing anything contained in these rules,

no persons who at any time during the year

for which the accounts are to be audited was

entrusted with any part of the funds or

securities belonging to a registered Trade

Union shall be eligible to audit the accounts

of that Union.

11. Accessibility to the books of accounts.—

The auditor or auditors appointed in

accordance with these rules shall be given

access to all the books of the registered Trade

Union concerned and shall verify the general

statement with the accounts and vouchers

relating thereto and shall thereafter sign the

auditors declaration in Form II hereto

indicating separately on that form under this

signature or their signatures a statement

showing in what respect he or they find the

returns to be incorrect, not supported by

vouchers or not in accordance with the

Industrial Relations Code, 2020. The

particulars given in the statement shall

indicate—

unauthorized by the rules of the registered

Trade Union concerned, or contrary to the

provisions of the Industrial Relations Code,

2020.

(d) The amount of any deficit or loss

which appears to have been incurred by

the negligence or misconduct of any

person;

(e) The mount of any sum which ought

to have been but is not brought to account

by any persons.

12. Manner of amendment and variation in

rules of Trade Unions and dissolution of Trade

Unions under clause (k) and (l) of Section 7.—

(1) When a registered Trade Union is

dissolved, notice of the dissolution or any

amendment and variation in rules shall be

sent to the Registrar in Form III hereto.

(2) On receiving the notice under sub-rule

(1) any amendment or variation made in the

rules of a Trade Union under clause (k) of

section 7, the Registrar shall, unless he has

reasons to believe that the amendment or

variation in the rules has not been made in

the manner provided by the rules of the Trade

Union or unless the amendment or variation

in the rules is not in accordance with the

provisions of the Act, register the amendment

or variation in the rule in a register to be

maintained for this purpose and shall notify

the fact that he has done so to the Secretary

of the Trade Union.

(3) On receiving the notice under sub-rule

(1) of rule 12 for dissolution of a Trade Union

the Registrar shall enter the details in the

registered trade unions.

13. Registration of Trade Union and

cancellation thereof under section 8 and 9.—

(1) Form of application for Registration:—

Every application for registration of a Trade

Union shall be made to the Registrar in Form

IV hereto electronically or otherwise along-

with the documents as required under the

provisions of the Industrial Relations Code

2020.

(2) Affidavit:— An affidavit as required

under clause (a) of sub-section (1) of section

8 shall be attached with the application filed

for registration by the applicant.

(3) Evidence to prove authority to make

application:— Upon receipt of an application

for registration of a trade union, the Registrar

may require from the applicants such

evidence, as may seem to be necessary to

show that the applicants have been duly

authorized to make the application on behalf

of the Trade Union and that the other

particulars in Form V hereto.

(4) Fee for Registration:— The fee payable

for registration of a Trade Union shall be Rs.

1000/- (Rupees One thousand only) or as may

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be fixed by the Government from time to time

and shall be paid electronically or otherwise.

(5) Form of Register:— The register of Trade

Union referred to in sub-section (3) of section

9 to be maintained by the Registrar shall be

in Form VI hereto.

(6) Form of Certificate:— The Certificate of

Registration issued by the Registrar under

sub-section (2) of section 9 shall be in Form

VII hereto after due verification of information

and particulars submitted with the

application, either by himself or through any

other officer authorized by him and found

proper.

(7) Form of application for withdrawal or

cancellation:— Every application by a Trade

Union for withdrawal of its certificate or

registration shall be sent electronically or

otherwise through registered post or speed

post to the Registrar in Form VIII hereto.

(8) Verification of application:— The

Registrar, on receiving an application for

registration, withdrawal or cancellation of

registration, shall, before granting the

application, verify and satisfy himself that the

application was approved by the general

meeting of the Trade Union, or if it was not

so approved, that it has the approval of the

majority of the members of the Trade Union.

For this purpose, he may call for such further

particulars as he may deem necessary and

may examine any office bearer of the union.

14. Appeal against non-registration or

cancellation of registration under section

10.— Any appeal against the order of the

within thirty days from the date of receipt of

the order to the Industrial Tribunal by filling

an application mentioning the cause of the

appeal accompanied with a certified copy of

the order of the Register.

15. Communication to trade union and

change in its registration particulars by the

Registrar and by Trade Union to Registrar

under section 11.— (1) All communication and

notices to a registered Trade Union shall be

sent by the Registrar to the address of the

Trade Union as entered in the register

maintained by the Registrar electronically or

otherwise by registered post or speed post.

(2) All communication and notices to the

Registrar by the registered Trade Union with

respect to any change in any particulars of

trade unions or its rules or office bearers or

membership falling below 10 percent or one

hundred, whichever is less under sub-section

(2) and (3) of section 11 shall be sent

electronically or otherwise by registered post

or speed post within 30 days from such date

of such change or event.

16. Object on which the general funds may

be spend under sub-section (1) of section 15.—

(1) The general funds of a registered Trade

Union shall not be spend on any other objects

other than that of the following, namely:

(a) The payment of salaries, allowances

and expenses to office bearers of the trade

Union.

(b) the payment of expenses for the

administration of the Trade Union,

including audit of the accounts of the

general funds of the Trade Union;

legal proceeding to which the Trade Union

or any member thereof is a party, when

such prosecution of defence is undertaken

for the purpose of securing or protecting

any rights of the Trade Union as such any

rights arising out of the relations of any

members with his employer or with a

person whom the member employs;

(d) the conduct of Trade dispute on

behalf of the Trade Union or any member

thereof;

(e) the compensation of members for loss

arising out of trade disputes;

(f) allowances to members or their

dependents on account of death, old age,

sickness, accidents or unemployment of

such members;

(g) the issue of, or the undertaking of

liability under, policies of assurance on the

lives of members, or under policies insuring

members against sickness accident or

unemployment;

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(h) the provisions of educational, social

or religious benefits for the members

(including the payments of the expenses

or funeral or religious ceremonies for

deceased members) or for the dependents

of members;

(i) the upkeep of a periodical published

mainly for the purpose of discussing

questions affecting employers or workmen

as such;

(j) the payment in furtherance of any of

the objects on which the general funds of

the Trade Union may be spent, of

contribution to any cause intended to

benefit workmen in general, provided that

the expenditure in respect of such

contribution in any financial year shall not

at anytime during that year be in excess of

one-forth (1/4th) of the combined total of

the gross income which has up to that time

accrued to the general funds of the Trade

Union during that year and of the balance

at the credit of those funds at the

commencement of that year; and

(k) subject to any conditions contained

in the notification, any other object notified

by the Government in the Official Gazette.

17. Amalgamation and change of name of

trade union under sub-section (2) and (3) of

Section 24.—

(1) Amalgamation of Trade Unions.

(a) Notice of every amalgamation shall

be sent to the Registrar electronically or

otherwise by the registered post or

speed post in duplicate in Form IX hereto

by the applicant trade union.

(b) When the Registrar registers the

amalgamation, he shall certify under his

signature of such amalgamation and issue

the certificate electronically or otherwise by

registered post or by speed post to all the

concerned trade unions and shall make

entry in the records of such amalgamation.

(2) Change of name of Trade Union.

(a) The notice of any change of the

name of the Trade Union shall be sent to

the Registrar electronically or otherwise

by registered post or by speed post in

Form X hereto.

(b) When the Registrar registers the

change of name, he shall certify under

his signature of such change and issue

the certificate electronically or otherwise

by registered post or by speed post to

all the concerned trade unions and shall

make entry in the records of such

amalgamation.

18. Dissolution of Trade Union and

distribution of funds under sub-section (1)

and (2) of Section 25.— (1) when a registered

trade union is dissolved, notice of dissolution

shall be sent, electronically or otherwise by

registered post or speed post to the Registrar

in Form XI hereto.

(2) Where it is necessary for the Registrar

under sub-section (2) of section 25 to

distribute the funds of a Trade Union which

has been dissolved, he shall divide the funds

in proportion to the amounts contributed by

the members by way of subscription during

their membership.

19. Annual Returns of Trade Union.— (1)

The annual return to be furnished under

section 26(1) (a) shall be submitted to the

Registrar by the 31st day of December in each

year and shall be in Form XII hereto.

(2) For the purpose of satisfying himself

that the information containing in the general

statement furnished under sub-rule (1) is

correct, the Registrar may require any

registered Trade Union to produce before him

any documents or to furnish such information

or may make or may authorize any person to

make such investigation as he thinks

necessary.

20. Recognition of Trade Union at State

Level under sub-section (2) of section 27.—

(1) Application shall be filed in Form XIII

hereto by the Trade Union or the federation

of the Trade Unions to the Government or

the Officer authorized by the Government in

this behalf by Notification.

(2) The Government or the officer authorized

shall, after due enquiry, as it deem fit, decide

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such application within sixty days of its receipt

and send the copy of the decision to the

applicant with a copy to the Registrar and

Commissioner, Labour and Employment.

(3) If any dispute arises in relation to such

recognition, it shall be decided by the

Industrial Tribunal. The Industrial Tribunal

shall, after giving opportunity of hearing to

both parties and going through the relevant

records of the case, decide the appeal within

forty five days and the order shall be binding

on the parties.

CHAPTER–IV

Standing Orders

21. Manner of forwarding information to

certifying officer under sub-section (3) of

section 30.— (1) If the employer adopts the

model standing order of the Central

Government referred to in section 29 with

respect to matters relevant to his industrial

establishment or undertaking, then, he shall

intimate the concerned certifying officer

electronically or otherwise, the specific date

from which the provisions of the model

standing order which are relevant to his

establishment have been adopted.

(2) On receipt of information in sub-rule (1)

the certifying officer within a period of thirty

days from such receipt may give his

observation that the employer is required to

include certain provisions which are relevant

to his establishment and indicate those

relevant provisions of the model standing

orders which have not been adopted and

shall also direct the employer to amend the

standing order so adopted, by way of addition,

deletion or modification within a period of

thirty days from the date of the receipt of

such direction and ask for compliance report

only in respect of provisions which the

certifying officer seeks to get so amended

and such report shall be sent electronically

or otherwise by the employer.

(3) If no observation is made by certifying

officer within a period of thirty days of the

receipt of the information as specified in sub-

rule (1) and (2), then, the standing order shall

be deemed to have been adopted by the

employer.

22. Manner of choosing representatives of

workers of the industrial establishment or

undertaking for issuing notice by certifying

officer where there is no Trade Union

operating, under clause (ii) of sub-section (5)

of section 30.— Where there is no Trade

Union operating then, the certifying officer

shall call a meeting of the workers to choose

three representatives, to whom he shall, upon

their being chosen, forward a copy of the

standing order requiring objections, if any,

which the workers may desire to make to

the draft standing order to be submitted

within fifteen days from the receipt of the

notice.

23. Manner of authentication of certified

standing orders under sub-section (8) of

section 30.— Standing orders or modification

in the standing orders, certified in pursuance

of sub-section (8) of section 30 or the copies

of the order of the appellate authority under

sub-section (1) of section 33 shall be

authenticated by the certifying officer or the

appellate authority, as the case may be, and

shall be sent electronically or otherwise within

a week to all concerned, but there shall not

be any requirement of certification in cases

of deemed certification under sub-section (3)

of section 30 and in cases where the

employer has certified adoption of model

standing orders.

24. Statement to be accompanied with draft

standing orders under sub-section (9) of

Section 30.— A statement to be accompanied

with—

(i) draft standing order shall contain, the

particulars such as name of the industrial

establishment or undertaking concerned,

address, e-mail address, contact number

and strength and details of workers

employed therein including particulars of

Trade union to which such workers belong;

and

(ii) draft modification in the existing

standing orders, shall contain the

particulars of such standing orders which

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are proposed to be modified along with

tabular statement containing details of each

of the relevant provision of standing order

in force and proposed modification therein

and reasons thereof and such statement

shall be signed by a person authorized by

the industrial establishment or undertaking.

25. Conditions for submission of draft

standing order in similar establishment under

sub-section (10) of section 30.— In cases of

group of employer engaged in similar

industrial establishment may submit a joint

draft standing order under section 30 and for

the purpose of proceedings specified in sub-

sections (1), (5), (6), (8) and (9) thereof.

26. Manner of disposal of appeal by

appellate authority under section 32.— (1) A

memorandum of appeal stated in section 32

shall be in tabular form stating therein the

provisions of the standing orders which are

required to be altered or modified or deleted

or added and reasons thereof and shall be

filed electronically or otherwise to the

appellate authority.

(2) The appellate authority shall, after

giving the appellant and the opposite parties

an opportunity of being heard, pass an order

within 60 days of the filing of appeal, either

confirming the standing orders or directing

the employer to modify the standing orders.

(3) Where the appellate authority does not

confirm the Standing Orders, it shall fix a date

for the hearing of the appeal and direct notice

thereof to be given—

(a) where the appeal is filed by the

employer or a worker, to Trade Union of

the workers of the industrial establishment

or to the representative body of the

workers concerned;

(b) where the appeal is filed by a Trade

Union, to the employer and all other Trade

Unions of the workers of the industrial

establishment; and

representative of the workers, to the

employer and any other worker whom the

appellate authority joins as a party to the

appeal.

(4) The appellant shall furnish each of the

respondents with a copy of the memorandum

of appeal.

(5) The appellate authority may at any

stage of the proceeding call for any evidence,

if it considers necessary for the disposal of

the appeal.

(6) On the date fixed under sub-rule (3) for

the hearing of the appeal, the appellate

authority shall take such evidence as it may

have called or consider to be relevant if

produced and after hearing the parties

dispose of the appeal.

27. The language and the manner of

maintaining standing order under sub-section

(1) and (2) of Section 33.— (1) The standing

order finally certified by certifying officer shall

be sent electronically or otherwise except in

the case of deemed certification under section

30.

(2) The text of the standing order as finally

certified or deemed to have been certified or

adopted model standing order shall be

maintained by the employer in Hindi or in

English or in the official language of the State

where the industrial establishment is

situated.

28. Register for final certified copy of

Standing Order under section 34.— (1) The

certifying officer shall maintain electronically,

a register of all standing orders certified or

deemed to have been certified or adopted

model standing orders of all the concerned

industrial

establishments,

inter-alia,

containing the details of—

(a) the registration unique number

assigned to each standing order;

(b) name of industrial establishment;

(d) date of certification or deemed

certification or date of adoption of model

standing order by each establishment or

undertaking;

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(e) the areas of the operation of the

industrial establishment; and

(f) such other details as may be relevant

and helpful in retrieving the standing orders

and create a data base of such of all

standing orders.

(2) The certifying officer shall furnish a copy

of the certified standing order(s) or deemed

certified order(s) to any person applying there

for on payment of ten rupees per page of the

certified standing order(s) or deemed

certified standing order(s), as the case may

be. The payment for such purpose can also

be made through electronic mode or

otherwise.

29. Application for modification of Standing

Order under sub-section (2) of section 35.—

The application for modification of an existing

standing order under sub-section (2) of

section 35 shall be submitted electronically

or otherwise by registered post or speed post

and contain the particulars of such standing

orders which are proposed to be modified

alongwith a tabular statement containing

details of each of the relevant provisions of

standing order in force, and proposed

modifications therein, reasons thereof and the

details of registered Trade union(s) operating

therein, and such statement shall be signed

by a person authorized by the industrial

establishment or undertaking.

30. The manner of giving of notice for

change proposed to be effected under clause

(i) of section 40.— (1) Any employer intending

to effect any change in the conditions of

service applicable to any worker in respect

of any matter specified in the Third Schedule

to the Code, shall give notice in Form XIV

hereto to such worker affected by such

change.

(2) The notice referred in sub-rule (1) shall

be displayed conspicuously by the employer

on the notice board at the main entrance of

the industrial establishment and the office of

the concerned Manager of the industrial

establishment:

Provided that where there is a registered

Trade Union or registered Trade Unions

relating to the industrial establishment a copy

of such notice shall also be served on the

President/General Secretary of such Trade

Union or each of the Presidents/General

Secretaries of such Unions, as the case may

be.

CHAPTER - V

Voluntary reference of Disputes to Arbitration

31. Form of arbitration agreement and the

manner thereof under sub-section (3) of

section 42.— (1) Where the employer and

workers agree to refer the dispute to

arbitration, the Arbitration Agreement shall

be in Form XV hereto and shall be signed by

the parties to the agreement. The agreement

shall be accompanied by the consent either

in writing or electronically of arbitrator or

arbitrators.

(2) The Arbitration Agreement referred to

in sub-rule (1) shall be signed,—

(i) In case of an employer, by the

employer himself, or when the employer is

an incorporated company or other body

corporate, by the agent, manager or other

officer of the corporation authorized for

such purposes;

(ii) In the case of the workers by the

officer of the registered Trade Union

authorized in this behalf or by three

representatives of the workers duly

authorized in this behalf at a meeting of

the concerned workers held for such

purpose;

(a) In the case of an individual worker,

an individual worker by the worker

himself or by an officer of registered

Trade Union of which the worker is a

member:

Explanation.— In this rule the expression

‘officer’ means any of the following officers,

namely:—

(a) The President;

(b) The Vice-President;

Secretary);

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(d) a Joint Secretary; and

(e) any other officer of the Trade Union

authorized in this behalf by the President

and Secretary of the union.

32. Manner of issue of notification under

sub-section (5) of section 42.— Where an

industrial dispute has been referred to

arbitration and the Government is satisfied

that the persons making the reference

represent the majority of each party, it shall

publish a notification in this behalf in the

Official Gazette and electronically or otherwise

for the information of the employers and

workers who are not parties to the arbitration

agreement but are concerned in the dispute

and they may present their case before the

arbitrator or arbitrators appointed for such

purpose.

33. Manner of choosing representatives of

workers where there is no Trade Union under

sub-section (5) of section 42.— Where there

is no Trade Union, the representative of

workers to present their case before the

arbitrator or arbitrators in pursuance of clause

42, shall be chosen by a resolution passed by

the majority of concerned workers in Form

XVI hereto authorizing therein to represent

the case. Such workers shall be bound by

the acts of representatives who have been

authorized to represent before the arbitrator

or arbitrators, as the case may be.

CHAPTER–VI

Mechanism for Resolution of Industrial Dispute

34. Manner of filling up of the vacancy

under sub-section (9) of section 44 and

procedure for appointment, term of office,

salaries and allowances, resignation and other

terms of conditions of service of Judicial and

Administrative Members of the Industrial

Tribunal under sub-section (5) of section 44.—

(1) The qualification for appointment of the

Judicial Member of the Industrial Tribunal

(hereinafter referred to as the Judicial

Member) shall be such as provided in sub-

section (4) of section 44.

(2) The Judicial member of the Industrial

Tribunal shall be appointed by the State

Government on the recommendation of the

Search-cum-Selection Committee as specified

in sub-rule (3).

(3) The Search-cum-Selection Committee

shall comprises of the following members

namely:—

(a) A Judge of a High Court of Bombay

Goa Bench, at Goa …….. Chairman.

(b) Chief Secretary/Principal Secretary,

Government of Goa

……… Member.

(c)

Secretary

(Labour),

Labour

Department, Government of Goa ...........

Member.

(4) The Search-cum-Selection Committee

(SCSC) shall determine its procedure for

making its recommendation and, after taking

into account qualification, suitability, record

of past performance, integrity as well as

adjudicatory experience keeping in view of

the requirement of the Industrial Tribunal

recommend a panel of two or three persons

as it deems fit for appointment to the post.

(5) No appointment of a Judicial Member

shall be declared invalid merely by reason of

a vacancy or absence of any member in the

Search-cum-Selection Committee.

(6) A Judicial Member shall hold office for

a term of three years from the date on which

he enters upon his office or till he attains the

age of sixty-two years, whichever is earlier.

(7) In case of causal vacancy in the office

of Judicial Member, the Government shall

appoint the Judicial Member of other

Tribunal to officiate as Judicial Member.

(8) (a) A judicial Member shall be paid a

salary of rupees 2,25,000/- per month or as

fixed by the Government from time to time

and shall be entitled to draw allowances as

are admissible to an officer of the Government

holding Class I post carrying the same pay.

(b) In case of appointment of a retired High

Court/District Court Judge, his pay shall be

reduced by the gross amount of pension

drawn by him.

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(9) (a) In case of serving High Court/

District Court Judges, the service rendered

in the Industrial Tribunal shall be counted or

pension to be drawn in accordance with the

extant rules of the service to which they

belong and they shall be governed by the

provisions of General Provident Fund (Central

Services) Rules, 1960 and the rules for

pension applicable to them.

(b) In case of retired High Court/District

Court Judges, they shall be entitled to join

Contributory Provident Fund Scheme as per

rules during the period of their re-

employment and additional gratuity shall not

be paid for the service rendered in the

Industrial Tribunal.

rent free furnished accommodation or house

rent allowance at the rate as admissible to

an officer of the Government of Goa holding

Class I post carrying the same pay.

(10) (a) In case of serving High Court/

District Court Judges, leave shall be

admissible as admissible to the serving High

Court/District Court Judges.

(b) In case of retired High Court/District

Court Judges, leave shall be admissible as

are admissible to an officer of the Government

of Goa holding Class I post carrying the same

pay.

(11) (a) The Government shall be the leave

sanctioning authority for the Judicial Member.

(b) The Government shall be the

sanctioning authority for foreign travel to the

Judicial Member.

(12) The Government Health Scheme

facilities as admissible to an officer of the

Government of Goa holding Class I post

carrying the same pay shall be applicable.

(13) (a) The Travelling allowance to a

Judicial member shall be admissible as per

entitlement of an officer of the Government of

Goa holding Class I post carrying the same

pay.

(b) In case of retired High Court/District

Court Judges, transfer travelling allowance

for joining the Industrial Tribunal from home

town to head quarter and vice-versa at the

end of assignment shall also be admissible

as admissible to an officer of the Government

of Goa holding Class I post carrying the same

pay.

(14) A Judicial Member shall be entitled

for leave travel concession as admissible to

an officer of the Government of Goa holding

Class I post carrying the same pay.

(15) A Judicial Member shall be entitled

for transport allowance as admissible to an

officer of the Government of Goa holding Class

I post carrying the same pay.

(16) No person shall be appointed as

Judicial Member unless he is declared

medically fit by an authority specified by the

Government in this behalf.

(17) (a) If a written and complaint is

received by the Government, alleging any

definite charge of misbehavior or incapacity

to perform the functions as Judicial Member,

it shall make a preliminary scrutiny of such

complaint.

(b) If on preliminary scrutiny, the

Government is of the opinion that there are

reasonable grounds for making an inquiry

into the truth of any misbehavior or incapacity

of a Judicial Member, it shall make a

reference to the Search-cum-Selection

Committee to conduct the inquiry.

shall complete the inquiry within six months’

time or such further time as may be specified

by the Government.

(d) After conclusion of the inquiry, the

Search-cum-Selection Committee shall submit

its report to the Government stating therein

its findings and the reasons thereof on each

of the charges separately with such

observations on the whole case as it may

think fit.

(18) The Search-cum-Selection Committee

shall not be bound by the procedure laid

down by the Code of Civil Procedure, 1908

(5 of 1908) but shall be guided by the

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principles of natural justice and shall have

power to regulate its own procedure,

including the fixing of date, place and time of

its inquiry.

(19) A Judicial Member may, resign his

office at any time by giving notice to this effect

in writing under his hand addressed to the

Government:

Provided that the Judicial Member shall,

unless he is permitted by the Government to

relinquish office sooner, continue to hold

office until the expiry of three months from

the date of receipt of such notice or until a

person duly appointed as a successor enters

upon his office or until the expiry of his term

of the office, whichever is earlier.

(20) (a) The Government shall, on the

recommendation of Search-cum-Selection

Committee, remove from office any Judicial

Member, who,

(a) has been adjudged as an insolvent;

(b) has been convicted of an offence

which, involves moral turpitude; or

incapable of acting as such a Judicial

Member; or

(d) has acquired such financial or other

interest as is likely to affect prejudicially

his functions as a Judicial Member; or

(e) has so abused his position as to render

his continuance in office prejudicial to the

public interest:

Provided that where a Judicial Member

is proposed to be removed on any ground

specified in clauses (b) to (e), he shall be

informed of the charges against him and

given an opportunity of being heard in

respect of those charges;

(21) Every person appointed as Judicial

Member shall, before entering upon his office,

make and subscribe an oath of office and

secrecy in the Form-XVII hereto.

(22) Matter relating to the terms and

conditions of services of the Judicial Member

with respect to which no express provisions

has been made in these rules, shall be referred

by the Industrial Tribunal to the Government

for its decision, and the decision of the

Government thereon shall be binding.

(23) The Government shall have power to

relax the provision of any of these rules in

respect of any class or categories of persons

for the reasons to be recorded in writing.

35. Manner of filling-up of the vacancy

under section 44 and procedure for selection,

salaries and allowances and other terms and

conditions of Administrative Member of the

Industrial Tribunal.— (1) The qualification for

appointment of the Administrative Member

of the Industrial Tribunal (hereinafter referred

to as the Administrative Member) shall be

such as provided in sub-section (4) of section

44.

(2) The Administrative member of the

Industrial Tribunal shall be appointed by the

Government on the recommendation of the

Search-cum-selection Committee.

(3) The Search-cum-Selection Committee

shall comprises of the following members

namely:—

(a) A Judge of a High Court of Bombay

Goa Bench, at Goa …….. Chairman.

(b) Chief Secretary/Principal Secretary,

Government of Goa

……… Member.

(c)

Secretary

(Labour),

Labour

Department, Government of Goa ….….

Member.

(4) The Search-cum-Selection Committee

(SCSC) shall determine its procedure for

making its recommendation and, after taking

into account qualification, suitability, record

of past performance, integrity as well as

adjudicatory experience keeping in view of

the requirement of the Industrial Tribunal

recommend a panel of two or three persons

as it deems fit for appointment to the post.

(5) No appointment of a Administrative

Member shall be declared invalid merely by

reason of a vacancy or absence of any

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member in the Search-cum-Selection

Committee.

(6) An Administrative Member shall hold

office for a term of three years from the date

on which he enters upon his office or till he

attains the age of sixty-two years, whichever

is earlier.

(7) In case of causal vacancy in the office

of Administrative Member, the Government

shall appoint the Administrative Member of

other State Tribunal to officiate as

Administrative Member.

(8) (a) The Administrative Member shall

be paid a salary of rupees 2,25,000/- per

month or as fixed by the Government from

time to time and shall be entitled to draw

allowances as are admissible to an officer of

the Government holding Class I post carrying

the same pay.

(b) In case of retired Government Officer,

his pay shall be reduced by the gross amount

of pension drawn by him.

(9) (a) In case of serving Government

Officer, the service rendered in the Industrial

Tribunal shall be counted for pension to be

drawn in accordance with the extant rules of

the service to which he belong and shall be

governed by the prevalent General Provident

Fund (Central Services) Rules, 1960 in the

State.

(b) In case of retired Government Officer,

shall be entitled to join Contributory Provident

Fund Scheme as per rules during the period

of their re-employment and additional

gratuity shall not be paid for the service

rendered in the Industrial Tribunal.

entitled

for

rent

free

furnished

accommodation or house rent allowance at

the rate as admissible to an officer of the

Government of Goa holding Class I post

carrying the same pay.

(10) (a) In case of serving Government

Officer, leave shall be admissible in

accordance with the extant rules of the

service which he belongs.

(b) In case of retired Government Officer,

leave shall be admissible as are admissible

to an officer of the Government of Goa holding

Class I post carrying the same pay.

(11) (a) The Government shall be the leave

sanctioning authority for the Administrative

Member.

(b) The Government shall be the

sanctioning authority for foreign travel to the

Administrative Member.

(12) The Government Health Scheme

facilities as admissible to an officer of the

Government of Goa holding Class I post

carrying the same pay shall be applicable.

(13) (a) The Travelling allowance to a

Administrative Member shall be admissible

as per entitlement of an officer of the

Government of Goa holding Class I post

carrying the same pay.

(b) In case of retired Government Officer,

transfer travelling allowance for joining the

Industrial Tribunal from home town to head

quarter and vice-versa at the end of

assignment shall also be admissible as

admissible to an officer of the Government of

Goa holding Class I post carrying the same

pay.

(14) An Administrative Member shall be

entitled for leave travel concession as

admissible to an officer of the Government of

Goa holding Class I post carrying the same

pay.

(15) An Administrative Member shall be

entitled for transport allowance as admissible

to an officer of the Government of Goa holding

Class I post carrying the same pay.

(16) No person shall be appointed as

Administrative Member unless he is declared

medically fit by an authority specified by the

Government in this behalf.

(17) (a) If a written and verifiable complaint

is received by the Government, alleging any

definite charge of misbehavior or incapacity

to perform the functions as Administrative

Member, it shall make a preliminary scrutiny

of such complaint.

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(b) If on preliminary scrutiny, the

Government is of the opinion that there are

reasonable grounds for making an inquiry

into the truth of any misbehavior or incapacity

of a Administrative Member, it shall make a

reference to the Search-cum-Selection

Committee to conduct the inquiry.

shall complete the inquiry within six months’

time or such further time as may be specified

by the Government.

(d) After conclusion of the inquiry, the

Search-cum-Selection Committee shall submit

its report to the Government stating therein

its findings and the reasons thereof on each

of the charges separately with such

observations on the whole case as it may

think fit.

(18) The Search-cum-Selection Committee

shall not be bound by the procedure laid

down by the Code of Civil Procedure, 1908

(5 of 1908) but shall be guided by the

principles of natural justice and shall have

power to regulate its own procedure,

including the fixing of date, place and time of

its inquiry.

(19) An Administrative Member may,

resign his office at any time by giving notice

to this effect in writing under his hand

addressed to the State Government:

Provided that the Administrative Member

shall, unless he is permitted by the

Government to relinquish office sooner,

continue to hold office until the expiry of three

months from the date of receipt of such notice

or until a person duly appointed as a

successor enters upon his office or until the

expiry of his term of the office, whichever is

earlier.

(20) (a) The Government shall, on the

recommendation of Search-cum-Selection

Committee,

remove

from

office

any

Administrative Member, who,

(a) has been adjudged as an insolvent;

(b) has been convicted of an offence

which, involves moral turpitude; or

incapable of acting as such a Administra-

tive Member; or

(d) has acquired such financial or other

interest as is likely to affect prejudicially

his functions as a Administrative Member;

(e) has so abused his position as to render

his continuance in office prejudicial to the

public interest:

Provided that where an Administrative

Member is proposed to be removed on any

ground specified in clauses (b) to (e), he

shall be informed of the charges against

him and given an opportunity of being

heard in respect of those charges;

(21) Every person appointed as Administrative

Member shall, before entering upon his office,

make and subscribe an oath of office and

secrecy in the Form XVII hereto.

(22) Matter relating to the terms and

conditions of services of the Administrative

Member with respect to which no express

provisions has been made in these rules, shall

be referred by the Industrial Tribunal to the

Government for its decision, and the decision

of the Government thereon shall be binding.

(23) The Government shall have power to

relax the provision of any of these rules in

respect of any class or categories of persons

for the reasons to be recorded in writing.

36. Manner of holding conciliation

proceedings under sub-section (1), full report

under sub-section (4), and application and the

manner of deciding such application under

sub-section (6) of section 53.— (1) Where any

industrial dispute exists or is apprehended

or a notice under section 62 has been given,

the Conciliation Officer shall if he finds that

the dispute pertains to the jurisdiction of

Central Government, transfer the dispute to

the Concerned authority. In other cases, he

will issue notice to the parties concerned

declaring his intention to commence

conciliation proceedings.

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(1) The employer or the worker’s

representative in the first meeting shall

submit their respective statement in the

matter of said dispute.

(2) The Conciliation Officer shall hold

conciliation proceedings for the purpose of

bringing about a settlement of the dispute

and may do all such things as he thinks fit

for the purpose of inducing the parties to

come to a fair and amicable settlement.

(2) If no such settlement is arrived at in

the conciliation proceeding referred to in sub-

rule (1), the conciliation officer shall submit a

report electronically or otherwise within

seven days from the date on which the

conciliation proceedings are concluded and

shall also be made available on the designated

portal, if any.

(3) The report referred to in sub-rule (2)

shall be communicated through electronically

or otherwise to the parties concerned and

shall also be made accessible to the parties

concerned on the designated portal if any.

(4) The report referred to in sub-rule (2)

shall contain inter-alia the submissions of the

employer, worker or Trade union, as the case

may be, and it shall also contain the efforts

made by the conciliation officer to bring the

parties to the amicable settlement, reasons

for refusal of the parties to resolve the dispute

and the conclusion of the Conciliation Officer.

(5) Any dispute which is not settled during

the conciliation proceedings, then, either of

the concerned party may make an application

in Form XVIII hereto before the Tribunal

electronically or otherwise within ninety days

from the date of the report under sub-rule

(2).

(6) In case of an industrial dispute which

has not been settled during the conciliation

proceedings, an application may be made

before the Tribunal by either of the parties

concerned for adjudication. The Tribunal shall

direct the party raising the dispute to file a

statement of claim with complete details

along with relevant documents, list of

supporting documents and witnesses within

thirty days from the date on which application

is filed. A copy of such statement may be

sent electronically or otherwise for service

on each of the opposite parties in the dispute.

(7) The Tribunal after ascertaining that the

copies of statement of claim and other related

documents are furnished to the other side by

the party raising the dispute, the Tribunal

shall fix the first hearing as soon as possible

and within a period of one month from the

date of receipt of the application. The opposite

party or parties shall file their written

statement

together

with

supporting

documents and the list thereof and list of

witnesses, if any, within a period of thirty

days from the date of first hearing and

simultaneously forward a copy thereof to the

opposite party or parties for service.

(8) Where the Tribunal finds that the party

raising the dispute, despite its directions, did

not forward the copy of the statement of claim

and other documents to the opposite party

or parties, it shall give directions to the

concerned party to furnish the copy of the

statement to the opposite party or parties,

granting extension of fifteen days for filing

the statement, if the Tribunal finds sufficient

cause for not filing the statement of claim

and other documents within time.

(9) Evidence shall be recorded either in

Tribunal or may be filed on affidavit but in

the case of affidavit the opposite party shall

have the right to cross-examine each of the

deponents filing the affidavit. Where the oral

examination of each witness proceeds, the

Tribunal shall make a memorandum of the

substance of what is being deposed. While

recording the oral evidence the Tribunal shall

follow the procedure laid down in rule 5 of

Order XVIII of the First Schedule to the Code

of Civil Procedure, 1908 (5 of 1908).

(10) On completion of evidence, arguments

may be heard immediately or a date may be

fixed for arguments, which shall not be

beyond a period of fifteen days from the

closure of evidence.

(11) The Tribunal shall not ordinarily grant

an adjournment for a period exceeding a

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week at a time and in any case not more

than three adjournments in all at the instance

of the parties to the dispute shall be granted:

Provided that the Industrial Tribunal for

reasons to be recorded in writing, grant an

adjournment exceeding a week at a time more

than three adjournments at the instance of

any one of the parties to the dispute.

(12) In case any party defaults or fails to

appear at any stage, the Industrial Tribunal

may proceed with the case ex-parte, and

decide the application in the absence of the

defaulting party:

Provided that the Industrial Tribunal on

the application of either party filed before the

submission of the award, revoke the order

that the case shall proceed ex-parte, if it is

satisfied that the absence of the party was

on justifiable grounds, and proceed further

to decide the matter as contested.

(13) The Tribunal shall communicate its

Award electronically or otherwise to the party

concerned and the Government within one

month from the date of the pronouncement

of the award.

(14) The Tribunal may summon and

examine any person whose evidence appears

to it to be material for deciding the case and

shall be deemed to be a Civil court within

the meaning of sections 345, 346 and 348 of

the Code of Criminal Procedure, 1973 (1 of

1974).

(15) Where assessors are appointed to

advise a Tribunal under sub-section (5) of

section 49 in relation to proceeding before it,

the Tribunal shall obtain the advice of such

assessors, but such advice shall not be

binding on such Tribunals.

(16) A party in an award, who wants to

obtain a copy of the award or other document,

may obtain a copy of the award or other

document

after

depositing

the

fee

electronically in the Tribunal in the following

manner, namely:—

(a) Fee for obtaining a copy of an award

or the document filed in any proceedings

of Tribunal at the rate of Rs. two per page.

(b) For certifying a copy of any such

award or order or document, a fee of

Rs. Two per page.

delivery of a copy of any such award or

document, an additional fee equal to one-

half of the fee leviable under this rule shall

be payable.

(d) Copying and certifying fees shall be

payable electronically or otherwise.

(17) The representatives of the parties

appearing before a Tribunal shall have the

right of examination, cross-examination and

of addressing the Tribunal when evidence has

been called.

(18) The proceedings before Industrial

Tribunal shall be held in open court:

Provided that the Tribunal may direct any

proceeding before it to be held by video

conferencing.

Provided further that Tribunal may at any

stage direct that any witness shall be

examined or its proceedings be held in-

camera.

CHAPTER–VII

Strikes and Lock-outs

37. Number of persons by whom the notice

of strike shall be given, the person or persons

to whom such notice shall be given and the

manner of giving such notice under sub-

section (4) of section 62.— The notice of strike

referred to in sub-section (1) of section 62

shall be given to the employer of an industrial

establishment in Form XIX hereto which shall

be duly signed by the President/General

Secretary and five elected representatives of

the registered Trade Union relating to such

industrial establishment endorsing the copy

thereof electronically or otherwise to the

concerned conciliation officer of the area,

Office of the Commissioner, Labour and

Employment and the Government.

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38. Manner of giving notice of lock-out

under sub-section (5) and authority under

sub- section (6) of section 62.— (1) The notice

of lock-out referred to in sub-section (2) of

section 62 shall be given by the employer of

an industrial establishment in Form XX hereto

to the President/General Secretary of every

registered Trade Union relating to such

industrial establishment endorsing a copy

thereof to the concerned conciliation officer

of the area, the Commissioner, Labour and

Employment

and

the

Government

electronically or otherwise. The notice shall

be displayed conspicuously by the employer

on a notice board or on electronic board at

the main entrance to the industrial

establishment.

(2) If the employer of an industrial

establishment receives from any person

employed by him any notice of strike as

referred to in sub-section (1) of section 62

then he shall within five days from the date

of receiving of such notice, intimate the same

electronically or otherwise to the concerned

Conciliation Officer of the area and to the

Commissioner, Labour and Employment.

(3) If the employer gives to any person

employed by him a notice of lock-out, then

he shall within five days from the date of such

notice, intimate electronically or otherwise

the same to the concerned conciliation officer

and to the Commissioner, Labour and

Employment.

CHAPTER–VIII

Lay-off, retrenchment and closure

39. Manner of serving notice before

retrenchment of the worker under clause (c)

of section 70.— If any employer desires to

retrench any worker employed in his

industrial establishment who has been in

continuous service for not less than one year

under him then, such employer shall give

notice of such retrenchment in Form XXI

hereto to the State Government, the

Commissioner, Labour and Employment and

the concerned Conciliation officer of the area

having jurisdiction, through e-mail or, by

registered or speed post.

40. Manner of giving an opportunity for re-

employment to the retrenched workers under

section 72.— Where any vacancy occurs in

an industrial establishment and there are

workers of such industrial establishment

retrenched within one year prior to the

proposal for filling up such vacancy, then,

the employer of such industrial establishment

shall offer an opportunity at least 10 days

before by registered post or speed post and

through e-mail to such retrenched workers

who are citizens of India. If such workers

give their willingness for employment then,

the employer shall give them preference over

other persons in filling up of such vacancy.

41. Manner of serving notice by the

employer for intended closure under sub-

section (1) of section 74.— If an employer

intends to close down an industrial

establishment he shall give notice of such

closure in Form XXI to the Government, the

Commissioner, Labour and Employment and

the concerned conciliation officer of the area

having jurisdiction, by e-mail or registered

post or speed post.

CHAPTER–IX

Special provision relating to lay-off,

retrenchement and closure in certain

establishments

42. Manner of making application to the

Government by the employer for the intended

lay-off and the manner of serving copy of such

application to workers under sub-section (2)

of section 78.— An application for permission

under sub-section (1) of section 78 shall be

made by the employer in Form XXII hereto

stating clearly therein the reasons for the

intended lay off and a copy of such

application shall be served simultaneously to

the worker concerned electronically or by

registered post or speed post. Such

application

shall

also

displayed

conspicuously by the employer on a notice

board or on electronic board at the main

entrance of the industrial establishment.

43. Manner for applying for permission from

the Government to continue the lay-off under

sub-section (3) of section 78.— The employer

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shall in case of an industrial establishment

being a mine specified in sub-section (3) of

section 78 where the workers (other than

Badli workers or casual workers) have been

laid-off under sub-section (1) of section 78 for

reasons of fire, flood or excess of inflammable

gas or explosion, within a period of thirty

days from the date of commencement of such

lay-off, apply to the Government electronically

and by registered post or speed post with a

copy to the Commissioner, Labour and

Employment and the Conciliation Officer of

the area having jurisdiction, for permission

to continue the lay-off specifying the number

of days; intimating the number of workers to

be laid off, the total number of workers

employed in the industrial establishment, the

date of layoff and the reasons for continuation

of such lay-off.

44. Time-limit for review under sub-section

(7) of section 78.— The Government may,

either on its own motion or on the application

made by the employer or any worker, review

its order granting or refusing to grant

permission under sub-section (4) of the

section 78 within a period of thirty days from

the date on which such order is made.

45. Manner of making application to the

Government by the employer for the intended

retrenchment and manner of serving copy of

such application to workers under sub-section

(2) of section 79.— An application for

permission referred to in sub-section (1) of

section 79 shall be made by the employer in

Form XXII hereto stating clearly therein the

reasons for the intended retrenchment

electronically or otherwise and a copy of such

application shall also be sent to workers

electronically and by registered post or speed

post. Such application shall also be displayed

conspicuously by the employer on a notice

board or on electronic board at the main

entrance to the industrial establishment.

46. Time-limit for review under sub-section

(6) of section 79.— The Government may,

either on its own motion or on the application

made by the employer or any worker, review

its order granting or refusing to grant

permission under sub-section (3) of section

79 within a period of thirty days from the

date on which such orders is made.

47. Manner of making application to the

Government by the employer for intended

closing down of an industrial establishment

and the manner of serving copy of such

application to the representatives of workers

under sub-section (1) of section 80.— An

employer who intends to close down an

industrial establishment to which Chapter X

of the Code applies shall apply electronically

in Form XXII hereto for prior permission at

least ninety days before the date on which

intended closure is to become effective to the

Government, stating clearly therein the

reasons for the intended closure of the

industrial establishment and simultaneously

a copy of such application shall also be sent

to the representatives of the workers

electronically and by registered post or speed

post.

48. Time-limit for review under sub-section

(5) of section 80.— The Government may,

either on its own motion or on the application

made by the employer or any worker, review

its order granting or refusing to grant

permission under sub-section (2) of section

80 within a period of thirty days from the

date on which such order is made.

CHAPTER–X

Workers re-skilling fund

49. Manner of utilization of fund under sub-

section (3) of section 83.— Every employer

who has retrenched a worker or workers

under the Code, shall, within ten days, at the

time of retrenching a worker or workers shall

electronically transfer an amount equivalent

to fifteen days of last drawn wages of such

retrenched worker or workers in the account

(name of the account shall be displayed on

the website of the, Labour Department,

Government of Goa to be maintained by the

Government). The fund so received shall be

transferred by the Government to each

worker or workers account electronically

within forty five days of receipt of funds from

the employer. The employer shall also submit

the list containing the name of each worker

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retrenched the amount equivalent to fifteen

days of wages last drawn in respect of each

worker along with their bank account details

to enable the State Government to transfer

the amount in their respective account.

CHAPTER–XI

Offences and penalties

50. Manner of composition of offence by a

Gazetted Officer specified under sub-section

(1) of section 89 and the manner of making

application for the compounding of an offence

specified under sub-section (4) of section 89.—

(1) The officer notified by the Government for

the purposes of compounding of offences

under sub-section (1) of section 89

(hereinafter referred to as the compounding

officer), shall in the offences in which

prosecution is not instituted, if the

compounding officer is of the opinion that any

offence under the Code for which the

compounding is permissible under section 89,

he shall send a notice electronically or

otherwise to the accused in Form XXIII hereto

consisting of three parts. In part I of such

Form, the compounding officer shall inter-alia

specify the name of the offender and his other

particulars, the details of the offence and

under which section the offence has been

committed, the compounding amount

required to be paid towards the composition

of the offence. Part II of the Form shall specify

the consequences if the offence is not

compounded and part III of the Form shall

contain the application to be filed by the

accused if he desires to compound the

offence. Each notice shall have a continuous

unique number containing alphabets or

numeric and other details such as, officer

sending notice, year, place, type of inspection

for the purpose of easy identification.

(2) The accused to whom the notice

referred to in sub-rule (1) is served, may send

the part III of the Form duly filled by him to

the compounding officer electronically or

otherwise and deposit the compounding

amount electronically or otherwise, within

fifteen days of the receipt of the notice, in the

account specified by the compounding officer

in the notice.

(3) Where the prosecution has already

been instituted against the accused in the

competent Court, he may make an application

to the Court to compound the offence against

him and the Court, after considering the

application, may allow composition of the

offence by the compounding officer in

accordance with provisions of section 89.

(4) If the accused complies with the

requirement of sub-rule (2), the compounding

officer shall compound the offence for the

amount of money deposited by the accused

and—

(a) if the offence is compounded before

the prosecution, then no complaint for

prosecution shall be instituted against the

accused; and

(b) if the offence is compounded after

institution of prosecution under sub-rule (3)

with the permission of the Court, then, the

compounding officer shall treat the case

as closed as if no prosecution had been

launched and will proceed in accordance

with composition as under clause (a) and

intimate the composition of offence to the

competent Court in which the prosecution

is pending and after receiving such

intimation, the Court shall discharge the

accused and close the prosecution.

(5) The compounding officer shall exercise

the powers to compound the offence under

this rule, subject to the direction, control and

supervision of the Government.

CHAPTER–XII

Miscellaneous

51. Protected workers under sub-section (3)

of section 90. — (1) Every registered Trade

Union connected with an Industrial

establishment, to which the Code applies

shall communicate to the employer before the

30the April of every year, the names and

addresses of such of the officers of the union

who are employed in that establishment and

who, in the opinion of the Union should be

recognized as “protected workers”. Any

change in the incumbency of any such officer

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shall be communicated to the employer by

the union within fifteen days of such change.

(2) The employer shall, subject to sub-

section (3) and sub-section (4) of section 90,

recognize such workers to be “protected

workers” for the purposes of section 90 and

communicate to the union, in writing within

fifteen days of the receipt of the names and

addresses under sub-rule (1), the list of

workers recognized as protected workers for

the period of twelve months from the date of

such communication.

(3) Where the total number of names

received by the employer under sub-rule (1)

exceeds the maximum number of protected

workers, admissible for the industrial

establishment, under sub-section (4) of

section (90), the employer shall recognize as

protected workers only such maximum

number of workers:

Provided that where there is more than

one registered Trade Union in the industrial

establishment, the maximum number shall be

so distributed by the employer among the

unions that the numbers of recognized

protected workers in individual union bear

practicable by the same proportion to one

another as the membership figure of the

union. The employer shall in that case intimate

in writing to the President or the Secretary

of the each concerned union the number of

protected workers allotted to it:

Provided further that where the number of

protected workers allotted to a Union under

this sub-rule falls short of the number of

officers of the Union seeking protection, the

union shall be entitled to select the officers

to be recognized as protected workers. Such

selection shall be made by the Union and

communicated to the employer within five

days of the receipt of the employer’s letter in

this regard.

(4) Where a dispute arises between an

employer and any registered trade union in

any matter connected with the recognition

of “protected workers”, under this rule, the

dispute shall be referred to the Commissioner,

Labour and Employment, whose decision

thereon shall be final.

52. Manner of making complaint by an

aggrieved worker under section 91.— (i)

Every complaint under section 91 of the Code

shall be made electronically and by registered

post or speed post in Form XXIV hereto and

shall be accompanied by as many copies as

there are opposite parties mentioned in the

complaint.

(ii) Every complaint under sub-rule (1)

shall be verified by the worker making the

complaint or by authorized representative of

the worker proved to the satisfaction of the

conciliation officer, arbitrator, and the

Industrial Tribunal, as the case may be, to be

acquainted with the facts of the case.

53. Manner of authorization of worker for

representing in any proceeding under sub-

section (1) of section 94.— Where the worker

is not a member of any Trade Union, then,

any member of the executive or other office-

bearer of any Trade Union connected with or

by any other worker employed in the industry

in which the worker is employed may be

authorized by such worker to represent him

in any proceeding under the Code relating to

a dispute in which the worker is a party in

Form XVI hereto.

54. Manner of authorization of employer for

representing in any proceeding under sub-

section (2) of Section 94.— Where the

employer, is not a member of any association

of employers, may authorize in Form XVI

hereto, an officer of any association of

employers connected with, or by any other

employer engaged in, the industry in which

the employer is engaged to represent him in

any proceeding under the Code relating to a

dispute in which the employer is a party.

By order and in the name of the

Governor of Goa.

Sanjay Kumar, IAS, Secretary (Labour).

Porvorim, 08th October, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1901

FORM I

[See rule 3]

(Memorandum of settlement arrived at during conciliation/or settlement arrived at between the employer and his

workers otherwise than in the course of conciliation proceeding)

Names of Parties:

……………………… Representing Employer(s)

…………………….. Representing workers;

Short recital of the case

......................................................................................................................................................................................................................

Terms of settlement

Signature of the parties

Witnesses:

(1)

(2)

*Signature of Conciliation Officer

In case the settlement arrived at between the employer and his workers otherwise than in the course

of conciliation proceeding the copy of the memorandum shall be marked to the concerned Conciliation

Officer of the area and the Commissioner, Labour and Employment.

–––––

FORM II

[See rule 11]

Auditors’ Declaration

The undersigned, having had access to all the books and accounts of the ……………… Union, and

having examined the forgoing statements and verified the same with the account vouchers relating

thereto, now sign the same as found to be correct duly vouchered and in accordance with the law, subject

to the remarks, if any, appended hereto and also certify that the ……………… Union had properly maintained

its membership registered and its accounts and the members had paid their membership, subscription

to the ………………… Union as shown in the forgoing statements of the general account of the Union,

subject to the remarks, if any, appended hereto.

Dated…………

Auditor.

______

FORM III

[See rule 12]

Notice of the Amendment in the rules of a Trade Union

Name of Trade Union …………….

Registration Number ……………..

Address ………………..

Dated the day of ……………20……………

To,

Registrar of Trade Unions

Government of Goa,

Panaji-Goa.

Notice is hereby given that the following rules of the Trade Union given under Schedule I are proposed

to be amended in pursuance of the Rules thereof on the ……… day of ………. 19,,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1902

We have been duly authorized by the …………….. Union to forward this notice on its behalf, such

authorization consisting of a resolution passed at a general meeting on the …………..day of ………….. 20

……………

(Signed)

Secretary

*here insert the date, or if there was no such resolution, state in what other way the authorization was

given.

_______

FORM IV

[See sub-rule (1) of rule 13]

Application for Registration of Trade Unions

Name of Trade Union………………..

Address: ……………..

Dated the …………. day of …………20 ………….

This application is made by the persons whose names are subscribed at the foot hereof.

The name under which it is proposed that the Trade Union on behalf of which this application is

made shall be registered is ……… as set forth in Rule No. ………….

The address of the Head Office of the Union to which all communication and notices may be

addressed is …………..

The ………. Union came into existence on the ……. day of …….. 20…….

The Union is a union of employers/workers engaged in the ……. industry/or ……… profession/or

……… (Establishment), and has ………. members.

The particulars required by section 8 of the Industrial Relations Code, 2020 are given in

Schedule I.

The particulars given in Schedule II show the provision made in the rules for the matters detailed

in section 7 of the Industrial Relations Code, 2020.

(To be struck out in the case of Unions which have not been in existence for one year before the date

of application).

The particulars required by section 8) of the Indian Industrial Relations Code, 2020 are given in

Schedule III.

One copy of the Rules of the Union, is attached to this application.

10.

We have been duly authorized by the Trade Union to make this application on its behalf, such

authorization consisting of*…

Members

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1903

Signature

Occupation

Address

(Signed) 1………

2……...

3………

4……….

5……….

6……….

7……….

The Registrar of Trade Unions,

Government of Goa,

Panaji.

* State here whether the authority to make this application was made by a resolution of a general

meeting of the Trade Union or if not, in what other way it was given.

________

SCHEDULE I

List of Officers

Name of Trade Union

Serial No.

Office held in Union

Name

Age

Address

Occupation

________

SCHEDULE II

Reference to rules

The members of the rules making provision for the several matters detailed in column I are given in

column 2 below:

Matter

Number of Rules

Name of Union.

The whole of the objects for which the Union has been

established.

The whole of the purposes for which the general funds of the

Union shall be applicable

The maintenance of a list of members.

The facilities provided for the inspection of the list of members

by officers and members.

The admission of ordinary members. The admission of honorary or

temporary members.

The conditions under which members are entitled to benefits

assured by the rules.

The conditions under which fines or forfeitures can

be imposed or varied.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1904

The manner in which the rules shall be amended, varied

or rescinded.

The manner in which the members of the executive and

the other officers of the union shall be appointed and removed.

The safe custody of the funds.

The annual audit of the accounts.

The facilities for the inspection of the account books by

officers and members.

The manner in which the union may be dissolved.

SCHEDULE III

(This need not be filled in if the Union came into existence less than one year before the date of application

for Registration)

Statement of Liabilities and Assets on the …………. day of ……… 20……….

Liabilities

Rs.

Assets

Rs.

Amount of general fund

Cash:

Amount of political fund

In hands of Treasurer

……..

In hands of Secretary

Loans from………

In hands of Bank

Debts due to ………….

In hands of bank securities

as per list below:

Other liabilities (to be specified)

Unpaid subscriptions due

Loans to ………

Immovable property.

Total liabilities……

Goods and furniture

Other assets (to be specified)

Total Assets……..

List of Securities

Particulars

Face Value

Cost Price

Market value

In hands of

(Signed)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1905

FORM V

[See sub-rule (3) of rule 13]

List of Officers of Trade Union

Name of the Union…………….

Address ……………..

Serial No.

Office held in the Union

Name

Age

Occupation

Address

(1)

(2)

(3)

(4)

(5)

(6)

** Attached copy of the resolution passed about the authorization of the applicants.

________

FORM VI

[See sub-rule (5) rule 13]

Name of the Trade Union ……….

Date of Registration ……………..

Number of application form ……….

Registration number …………

Address of the Head Office ………

Subsequent changes of Head Office ………..

Names of members making application 1. …………… 2…………

Officers (Transfers from one post to another count as relinquishment of appoint held)

Year of

Name

Office held

Age

Address

Occupation

Year of

Other

entering

in Union

on entry

relinquishing

offices held

office

in office

in addition to

membership of

executive with

date

_________

FORM VII

[See sub-rule (6) of rule 13]

Certificate of Registration of Trade Unions

Name of Trade Union ……………..

Registration Number ……………...

It is hereby certified that the ………………………………………………….Union has been registered under

the Industrial Relations Code 2020, this day of ………… 20…………

Seal

Signature

Registrar of Trade Unions

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1906

FORM VIII

[See sub-rule (7) of rule 13]

Request to withdraw or cancel Certificate of Registration

Name of Trade Union………….

Registration Number………….

Address …………………..

Dated the ……….. day of ………. 20….

To,

The Registrar of Trade Unions,

Government of Goa,

Panaji-Goa.

The above mentioned Trade Union desires that its certificate or registration under the Industrial

Relations Code 2020, may be withdrawn (or cancelled) as per resolution in general meeting* duly held

on the ………… day of …….20 …….. wherein it was resolved as follows:—

(Here give the exact signed copy of Resolution)

(Signature)

* If not at a general meeting, state in what manner the request has been determined upon.

________

FORM IX

[See sub-rule (1) of rule 17]

Notice of the Amalgamation of Trade Unions

A. Name of Registered Trade Union

Number of Registration

B. Name of Registered Trade Union

Number of Registration

(and so on if more than two)

Address ……………

Dated, the, …… day of …………, 20…………

To,

Registrar of Trade Unions,

Government of Goa,

Panaji-Goa.

Notice is hereby given that in accordance with the requirements of section 24 of the Industrial

Relations Code 2020 the members of each (or every-one) of the above mentioned Trade Unions have

resolved to become amalgamated together as one Trade Union.

And that the following are the terms of the said amalgamation (state the terms)

And that it is intended that the Trade Union shall henceforth be called the …………………..

Accompanying this notice is a copy of the rules intended to be henceforth adopted by the Amalgamated

Trade Union which are the rules (if so) of the ………………..Union.

(to be signed by seven members and

the Secretary of each Trade Union)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1907

Name and address to which

(Signed) 1.

Secretary

registered copy is to be sent

–––––––

FORM X

[See sub-rule (2) of rule 17]

Notice of the Change of name of Trade Union

Name of Trade Union …………

Registration Number ………….

Address ……………..

Dated, the……. day of ………….., 20……….

Registrar of Trade Unions

Government of Goa,

Panaji – Goa.

Notice is hereby given that the provisions of section 11 of the Industrial Relations Code 2020 having

been complied with and the name of the above mentioned Trade Union has been changed to ………………..

The consent of the members was obtained by*

(Signed) 1.

Secretary

*i.e. by referendum, resolution of a general meeting etc. If procedure followed is covered by rule, quote

number of the rule.

_________

FORM XI

[See sub-rule (1) of rule 18]

Notice of the Dissolution of a Trade Union

Name of Trade Union …………….

Registration Number ……………..

Address ………………..

Dated, the ……. day of ……………, 20 ……………

To,

Registrar of Trade Unions

Government of Goa,

Panaji – Goa.

Notice is hereby given that the above mentioned Trade Union was dissolved in pursuance of the rules

thereof on the ……day of ………, 20 …….

Members

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1908

We have been duly authorized by the …………….. Union to forward this notice on its behalf, such

authorization consisting of a resolution passed at a general meeting on the …………..day of ………….., 20

……………

(Signed) 1.

Secretary

* here insert the date, or if there was no such resolution, state in what other way the authorization was

given.

________

FORM XII

[See sub-rule (1) of rule 19]

Annual Return (General Statement) prescribed under section 26 of the Industrial Relations Code, 2020

Name of Union……………………

Registered Head office ………..

Number of certificate of registration……………….

Return to be made by federations of trade Unions:

A. Number of Unions affiliated at the beginning of

year*

B. Number of Unions joining during year*

C. Number of Unions disaffiliated during year*

D. Number of Unions affiliated at the end of year.

This return need not be made by federation

Number of members on books at the

of Trade Unions

beginning of year.

Number of members admitted during the year (add)

together.

Number of members who left during the year

(deduct).

Total number of members on books at the end of

the year.

Males…….

Females……..

Number of members contributing to political fund.

A copy of the rules of the Trade Union corrected up to the date of dispatch of this return is appended.

Dated…………the day of ……..20….

Secretary.

The names of the affiliated and disaffiliated Unions should be given in separate statement marked

<A>, <B> and <C>.

Members

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1909

Statement of Liabilities and Assets on the 31st day of March 20….

Liabilities

Assets

Rs. a.p.

Amount of General Fund…………

In hands of Treasurer ………..

In hands of Secretary …………

Amount of Political Fund …………

In hands of –

In the bank …..

In the Bank ….

Loans from ………..

Securities as per list below

Debts due to ——

Unpaid subscriptions due for ——

Other Liabilities (to be specified) ……..

(a) the year under report ……

(b) previous year

Loans to—

(a) Officers ……….

(b) members ……….

Immovable property, goods and

furniture

Other assets (to be specified)

Total liabilities…..

Total assets ………

List of securities

Particulars

Face value

Cost price

Market Price at

In hand of

date on which

accounts have

been made up

General Fund Account

Income

Expenditure

Rs…

Balance at beginning of year …………

Salaries, allowances and

expenses of Officers …………

Contribution from members (including

Salaries, allowances and expenses

Unpaid subscriptions due for the year)

of establishment …………

at the rate of per member …………….

Auditors fees ………

Legal expenses ……….

(a) Contributions actually received

Expenses in conducting trade disputes

(b) Contributions in arrears for three

Compensation paid to members for loss

Months or less ………

arising out of trade disputes ………

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1910

Funeral, old age, sickness, unemployment,

three months but not more than six

benefits etc……….

Months …….

(d) Contributions in arrears for more than

Educational, social and religious

Six months ……..

benefits ……

Donations …………….

Cost of publishing periodicals ……

Sale of periodicals, books, rules, etc.

Rents, rates and taxes

Interest on investments ………

Stationery, printing and postage ..

Income from miscellaneous sources

Expenses incurred under Industrial

(to be specified)

Relations Code, 2020 (to be Specified) …

Other expenses (to be specified) ……..

_________

Balance at end of year

________

Total

_________

Total

________

Treasurer.

Auditors’ Declaration

The undersigned, having had access to all the books and accounts of the … Union, and having examined

the forgoing statements and verified the same with the account vouchers relating thereto, now sign the

same as found to be correct duly vouchered and in accordance with the law, subject to the remarks, if

any, appended hereto and also certify that the …….. Union had properly maintained its membership

registered and its accounts and the members had paid their membership, subscription to the …….Union

as shown in the forgoing statements of the general fund account of the Union, subject to the remarks, if

any, appended hereto.

Date…

Auditor.

The following changes of officers have been made during the year:-

Name

Office

Date of relinquishing office

Officers appointed

Name

Date of

Private

Personal

Title of

Date on which

Other offices

Birth

address

occupation

position held

appointment in

held in addition

in Union

column 5 was

to membership of

taken up

executive with dates

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1911

FORM XIII

[See sub-rule (1) of rule 20]

Application for recognition as the State Level Trade Union

Name of the Trade Union/Federation of Trade Unions ………..

Address ……………

Dated ……….. the day of …….. 20……..

To,

The Secretary/Authorised Officer,

Sir,

I beg to state that at the general meeting of the members/at the meeting of the executive of the above

mentioned Trade Union/Federation of Trade Unions which was held at ………… on the day of …….. 20……

it was resolved that the union should apply to you for recognition as State Level Trade Union under sub-

section (2) of section 27 of the Industrial Relations Code, 2020. A copy of the resolution in this behalf

signed by the President/General Secretary of the union/federation is enclosed.

2. The Trade Union/Federation of Trade Unions is duly registered on the ………. day of ………… year

……… under Certificate No………… issued by the Registrar of Trade Unions, Government of Goa.

3. A copy of the rules of the Trade Union/Federation of Trade Unions is attached.

4. The address of the head office of the Trade Union/Federation of Trade Unions to which all the

communications may be addressed.

5. The Trade Union/Federation of Trade Unions has affiliation of other Trade Unions in the State, list of

such trade unions and their addressed, registration details and membership etc. is attached herewith.

6. The Trade Union/Federation of Trade unions has total ………..member (number) in the State.

Yours faithfully,

Name and Designation

Secretary/General Secretary

________

FORM XIV

[See sub-rule (1) of rule 30]

(Notice of change of service conditions proposed by an employer)

Name of employer................................................................................................

Address...............................................................................................................

Dated the ............................................day of .................................20..............

In accordance with section 40(i) of Industrial Relations Code 2020, I/We hereby give notice to all

concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect

from ............. in the conditions of service applicable to workers in respect of the matters specified in the

Third Schedule to this code

Signature.....................

Designation.................

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1912

ANNEXURE

(Here specify the change/changes intended to be effected)

Copy forwarded to:

1. The President/General Secretary of registered Trade Union, if any.

2. Concerned Deputy Labour Commissioner, Assistant Labour Commissioner of the area of jurisdiction.

3. The Commissioner, Labour and Employment, Panaji.

_______

FORM XV

[See sub-rule (1) of rule 31]

(Agreement for voluntary arbitration)

BETWEEN

………………Name of the parties representing employer (s)

And

………………….Representing worker (s)

It is hereby agreed between the parties to refer the following dispute to the arbitration

of....................... [here specify the name(s) and address(es) of the arbitrator (s)].

(i) Specific matters in dispute.

(ii) Details of the parties to the dispute including the name and address of the establishment or under

taking involved.

(iii) Name of the worker in case he himself is involved in the dispute or the name of the union, if any,

representing the worker or workers in question.

(iv) Total number of workers employed in the undertaking affected.

(v) Estimated number of workers affected or likely to be affected by the dispute.

*We further agree that the majority decision of the arbitrators shall be binding on us in case the

arbitrator(s) are equally divided in their opinion they shall appoint another person as umpire whose award

shall be binding on us.

The arbitrator(s) shall make his(their) award within a period of (here specify the period agreed upon

by the parties) from the date of publication of this agreement in the Official Gazette by the Government

of Goa or within such further time as is extended by mutual agreement between us in writing. In case,

the award is not made within the period afore mentioned, the reference to the arbitration shall stand

automatically cancelled and we shall be free to negotiate for fresh arbitrator.

Signature of the parties

Representing Employer

Representing worker/workers

1. …….

1. ……..

2. …….

2. ……..

Witnesses

1. ………………

2. ………………

Copy to:

1. The Secretary to the Government of Goa, Department of Labour, Porvorim.

2. The Conciliation Officer [here enter office address of the Conciliation Officer for the area concerned].

3. The Commissioner, Labour and Employment, Panaji.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1913

FORM XVI

[See rule 33, 53 54]

(Authorization by a worker, group of worker, employer, group of employer to be represented in a proceeding

before the authority under this Code)

Before the Authority

(Here mention the authority concerned)

In the matter of …………………………. (mention the name of the proceeding)

.............................................workers

Versus

…………………………………… Employer

I/we hereby authorize Shri/Sarvashri (if representatives are more than one) 1 ......... 2 ............ 3 ........... to

represent me/us in the above matter.

Dated this......................day of..............................20..........

Signature of person(s) nominating the representative(s)

Address accepted

________

FORM XVII

[See sub-rule (21) of rule 34 and rule 35]

Form of Oath of Office for Judicial Member of State Industrial Tribunal

I, A, B., having been appointed as Judicial Member/Administrative Member of Industrial Tribunal

…………………………… (Name of the Tribunal) do solemnly affirm/do swear in the name of God that I will

faithfully and conscientiously discharge my duties as the Judicial Member/Administrative Member of

Industrial Tribunal ………………………………….. (Name of the Tribunal) to the best of my ability, knowledge

and judgment, without fear or favour, affection or ill-will and that I will uphold the Constitution and the

laws of the land.

(Signature)

Place: ………….

Date: …………..

_______

FORM XVIII

[See sub-rule (5) of rule 36]

(Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer)

Before…………… (here mention the name of the Tribunal having jurisdiction over the area)

In the matter of ………………………………………. (mention the details of the matter)

……...............................................……. Applicant

Address.................................................

Versus

..................................................................

Opposite party(ies).

Address..................................................

The above mentioned applicant begs to state as follows:-

(Here set out the relevant facts and circumstances of the case).

The applicant prays that the instant dispute may please be admitted for adjudication and request to pass

appropriate Award.

Date…......

Place.........

(Signature)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1914

FORM XIX

[See rule 37]

(Notice of Strike to be given by Union (Name of Union)/Group of Workers)

Name of five elected representatives of workers………………………………….

Name of the Union …………..

Dated the...............day of................20............

(The name of the employer).

Dear Sir/Sirs,

In accordance with the provisions contained in sub-section (1) of section 62 of the Industrial Relations

Code 2020, I/We hereby give you notice that I propose to call a strike/we propose to go on strike on ……

day of………..20….., for the reasons explained in the annexure.

Yours faithfully,

(President/General Secretary of the Union)

Five representatives of the workers duly

elected at a meeting held on ……. (date)

vide resolution attached

ANNEXURE

Statement of the Case

Copy to:

1. Deputy Labour Commissioner, Assistant Labour Commissioner, of the concerned area of jurisdiction.

2. The Commissioner, Labour and Employment, Panaji.

________

FORM XX

[See sub-rule (1) of rule 38]

(Notice of Lock-out to be given by an employer of an industrial establishment)

Name of employer..........................................................................................

Address.........................................................................................................

Dated the...............day of................20...................

In accordance with the provisions of sub-section (6) of section 62 of the Industrial Relations Code, 2020,

I/We hereby give notice to all concerned that it is my/our intention to effect lock-out in

……………………………….. department(s), section(s) of my/our establishment with effect from …………….

for the reasons explained in the annexure.

Signature...............................................

Designation............................................

ANNEXURE

Statement of reasons

Copy forwarded to:

1. The President/General Secretary of the Registered Union, if any.

2. The Conciliation officer[Here enter office address of the Deputy Labour Commissioner/Assistant Labour

Commissioner of the concerned area having jurisdiction.]

3. The Secretary to the Government of Goa, Department of Labour, Secretariat, Porvorim.

4. The Commissioner, Labour and Employment, Government of Goa, Panaji.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1915

FORM XXI

(See rule 39 and rule 41)

(Notice of Intimation of Retrenchment/Closure to be given by an employer to the State Government under the

provisions of Chapter IX of the Industrial Relations Code, 2020 and rules made there under)

Name of Industrial Establishment or Undertaking or employer...............................

Address.................................................................................................................

Labour identification number ………………………………..

Dated .....................(DD/MM/YYYY).

(Note: The intimation for Closure/Retrenchment to the government shall be served 60 days and 30 days before

commencement of Closure/Retrenchment, respectively).

To,

The Secretary (Labour),

Department of Labour,

Government of Goa,

Secretariat, Porvorim, Goa.

Sir,

1. *(Retrenchment) (a) Under section 70(c) of the Industrial Relations Code, 2020, I*/ we*hereby inform

you that I/we have decided to retrench ………….Workers**…………… workers out of total ……….

Workers with effect from…………..(DD/MM/YYYY).

1. *(Closure) (b) Under Section 74(1) of the Industrial Relation Code, 2020, I*/we* hereby intimate you

that I/We have decided to close down ………………………. (name of the industrial establishment or

undertaking) with effect from ……………. (DD/MM/YYYY). The number of workers whose services

would be terminated on account of the closure of the undertaking is …… (number of workers).

2. The reason for retrenchment*/closure* is …………….. or are given in Annexure I to this application.

3. The worker(s)* concerned have been given on the.………(DD/MM/YYYY) one month notice in writing

as required under section 70(a)*/section 75(1)* of the Industrial Relations Code, 2020.

3. The worker(s) concerned have been given on the...........(DD/MM/YYYY) one month’s pay in lieu of notice

as required under section 70(a)*/section 75(1)* of the Industrial Relations Code, 2020.

4. I*/we* hereby declare that the worker(s) concerned have been*/will be* paid all their dues along-

with the compensation due to them under section 70*/section 75* of the Industrial Relations Code,

2020 before or on the expiry of the notice period.

I*/we* hereby state that currently insolvency proceedings are on in respect of the said Industrial

Establishment/Undertaking/Employer, and that I*/we* will pay all the dues along-with the compensation

due to them/workers under concerned laws.

5. (Retrenchment)I*/we* hereby declare that the workers(s) concerned have been*/will be* retrenched

in compliance to the section 71 and section 72 of the Industrial Relations Code, 2020.

6. I*/we* hereby declare that no court case is pending before any court in the matter, and if yes, the

details thereof have been Annexed.

7. I*/we* hereby declare that the above information given by me*/us* in the notice and the Annexures

is true, and that I*/we*, am*/are* solely responsible for its accuracy and no facts/materials has been

suppressed in the matter.

Yours faithfully,

(Name of Employer/Designation/Authorized representative with seal)

(* Strike off which is not applicable)

(** Indicate number in figures and words both)

(*** Copy of Authorization letter issued by the employer shall be enclosed)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1916

Copy to:-

1. The Commissioner, Labour and Employment, Government of Goa, Panaji.

2. The Deputy Labour Commissioner/Assistant Labour Commissioner, of the concerned area having

jurisdiction.

3. The Registered Trade Union/Authorised Representative of workers operating in the establishment or

undertaking.

––––––––

FORM XXII

(See rule 42, rule 45 and rule 47)

[Form of application for permission of Lay-off/Continuation of Lay-off/Retrenchment/Closure to be given by an

employer/Industrial establishments/Undertaking to the State Government under the provisions of Chapter X of

the Industrial Relations Code, 2020 and the rules made thereunder]

To,

The Secretary Labour,

Department of Labour,

Government of Goa,

………………………….

Sir,

1. *(Lay-off) (a) Under sub-section (2) of section 78 of the Industrial Relations Code, 2020, I/we hereby

apply for permission to lay-off ………… workers** out of total of.......................workers** employed in my/

our establishment with effect from ………(DD/MM/YYYY) for the reasons set out in the Annexure-I.

*(Continuation of lay-off) (b) Under section 78(3) of the Industrial Relations Code, 2020, I*/we* hereby

apply for permission to continue the Lay-off …….. workers** out of total ……. laid-off workers**

employed in my*/our* establishment (details to be given in Annexure-I) with effect from ……….. (DD/

MM/YYYY).

*(Retrenchment) (c) Under section 80(1) of the Industrial Relations Code, 2020, I*/we* hereby apply

for permission for intended retrenchment of ……. Workers out of total ……… workers** employed in

my*/our* establishment (details to be given in Annexure – I) with effect from …….. (DD/MM/YYYY).

*(Closure) (d) Under section 80(1) of the Industrial Relations Code, 2020, I we* hereby inform you that

I*/we* intended to close down the undertaking………. (name of the industrial establishment or

undertaking or employer) (details to be given in Annexure – I) with effect from …….(DD/MM/YYYY).

The number of workers whose services would be terminated on account of closure of the undertaking

is …………. (number of workers)

2. *(Lay-off/Continuation of Lay-off) The worker(s) concerned were given on ……… (DD/MM/YYYY)

notice in writing as required under section 78(2)*/section 78(3)* of this code.

*(Retrenchment/Closure) The workers(s) concerned were given on ………..(DD/MM/YYYY) one month’s

notice in writing as required under section 79*/section 80* of this code.

*(Retrenchment/Closure) The worker(s) have been given on ……… (DD/MM/YYYY) one month’s pay

in lieu of notice as required under section 79*/section 80* of this code.

3. The details of affected worker(s) is at Annexure-II.

4. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched incompliance

to the section 71 and section 72 of this Code.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1917

5. I*/we* hereby declare that the worker(s) concerned have been */will be* paid all the dues and

compensation due to them under section 67, read with section 78(10)*/section 79*/section 80* of this

Code before or on the expiry of the notice period.

*I/we* hereby state that currently insolvency proceedings are on in respect of the said Industrial

Establishment/Undertaking/Employer, and that I*/we* will pay all the dues alongwith the compensation

due to them under concerned laws.

6. I*/we* hereby declare that no court case is pending before any Court in the matter, and if yes, the

details thereof have been Annexed.

8. I*/we* hereby declare that the above information given by me*/us* in this notice and enclosures is*/

are* true, I*/we* am*/are* solely responsible for its accuracy and no facts/materials has been suppressed

in the matter.

The permission sought for may please be granted.

Yours faithfully,

(Signature)

(Name of the Employer/***Authorised Representative)

Seal

(*Strike off which is not applicable)

(** Indicate number in figures and words both)

(*** Copy of Authorisation letter issued by the employer shall be enclosed)

Note:- Application to the State Government shall be served as indicated below:

1. Lay-off – At least 15 days before the intended lay-off.

2. Continuation of Lay-off – At least 15 days before the expiry of earlier lay-off.

3. Retrenchment – At least 60 days before the intended date of Retrenchment.

4. Closure – At least 90 days before the intended date of closure.

ANNEXURE I

Particulars

Remarks, if any

Name of the industrial establishment/undertaking with complete

postal address along with Pin Code, e-mail, mobile number, telephone number(s).

Status of undertaking –

(i) Whether State public sector/etc.

(ii) Whether a private limited company/partnership firm.

(iii) Whether the undertaking is Licensed/registered and if so, name of the licensing/

registering authority and licence/registration certificate number

(a) MCA number

(b) GSTN number

(i) Annual production, item wise for pre-ceding three years-

(ii) Production figures, month-wise, for the preceding twelve months,

Balance sheets, profit and loss accounts and audit reports for the last three years.

To be annexed

Names of the inter-connected companies or companies under the same management.

Details of lay-off/Retrenchment resorted to in the last three years (other than the

lay-off/Retrenchment for which permission is sought), including the periods of such

lay-offs/Retrenchment the number of workmen involved in each such lay-off/

Retrenchment/continuation of lay off

10. Any other relevant details which have bearing on lay-off or retrenchment or closure.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1918

ANNEXURE II

(Details of affected workers)

Sr. No.

UAN/

Name of the

Category (Highly

Date from which

Wage as on

Remarks

CMPFO

worker

Skilled/Skilled/

in service in/

date of application

Semi-Skilled/Unskilled)

with the said

establishment/

undertaking/

Employer

________

FORM XXIII

[See sub-rule (1) of rule 50]

(Notice to the Employer who committed an offence for the first time under this code, for compounding of offence

under sub-section (4) of section 89)

The undersigned and the Compounding Officer under sub-section 1 of section 89 of the Industrial

Relation Code, 2020 hereby intimates that the allegation has been made against you for committing

offence for the violation of various provision of this Code as per the details given below;-

PART - I

1. Name and Address of the offender Employer …………………………………………..........................................

2. Address of the Establishment…………….………………………………………………............................................

3. Particulars of the offence……………………………………………………………………………............................

4. Section of the Code under which the offence is committed……………………………....................................

5. Compounding amount required to be paid towards composition of the offence ………………………………

PART - II

You are advised to deposit the above mentioned amount within fifteen days from the date of issue of

this notice for compounding the offence as per section 89 (1) of the Industrial Relations Code, 2020, along

with an application dully filled in Part - III of this notice.

In case you fail to deposit the said amount within the specified time, no further opportunity shall be

given and necessary direction for filing of prosecution under section …………….. shall be issued.

(Signature of the Compounding Officer)

Date:

Place:

PART - III

Application under sub-section (4) of section 89 for compounding of offence

1. Name of applicant …………………………………… (name of the employer who committed the offence

under the Industrial Relation Code 2020 to be mentioned)

2. Address of the applicant …………….…………………………………………………………..................................

3. Particulars of the offence………………………………………………………………………………........................

4. Section of the Code under which the offence has been committed ………………….....................................

5. Details of the compounding amount deposited (electronically generated receipt to be

attached)…………………………………………………………………..............................................................................

6. Details of the prosecution, if filed for the violation of above mentioned offences may be

given………………………………………….............................................................................................................................

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1919

7. Whether the offence is first offence or the applicant had committed any other offence prior to this

offence, if committed, then, full details of the offence

……………………………………………………………………………………………………….............................................

………………………………………………………………………………………………………............................................

8. Any other information which the applicant desires to provide

………………………………………………………………………………………………………............................................

……………………………………………………………………………………………………….............................................

Applicant

(Name and signature)

Dated:

Place:

________

FORM XXIV

(See rule 52)

(Complaint under section 91 of the Industrial Relations Code, 2020)

Before the Conciliation officer/Arbitrator/Industrial Tribunal ---------------- ,

In the matter of :................................... Reference No…………………….

A......................

Complainant(s);

versus

B......................

Opposite Party(ies).

Address:

The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have been guilty of a contravention

of the provisions of section 90 of the Industrial Relation Code, 2020 as shown below:

(Here set out briefly the particulars showing the manner in which the alleged contravention has taken

place and the grounds on which the order or act of the management is challenged).

The complainant(s) accordingly prays/pray that the Conciliation officer/Arbitrator/Industrial Tribunal may

be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem

fit and proper.

The number of copies of the complaint and its annexure required under rule 91 of the Industrial Relations

Code are submitted herewith

Dated this ………. day of ……… 20….

Signature of the Complainant(s)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 30

21ST OCTOBER, 2021

1920

Verification

I do solemnly declare that what is stated in paragraph ……….. above is true to my knowledge and that

what is stated in paragraphs ………. above is stated upon information received and believed by me to be

true. This verification is signed by me at …………. on ………… day of ……….. 20……

Signature

Thumb impression of the person verifying.

———ttt———

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Department of Social Welfare

Directorate of Social Welfare

Order

3-31-2015-16-ADMN/Part III/3395

Sanction of the Government is hereby

accorded for creation of the following posts

in the Goa State Minorities Finance and

Development Corporation Limited.

Sr.

Designation of

Pay Scale

No. of

No.

the Post

Posts

created

Managing Director

Level 11

Assistant Manager

Level 06

(Admin/Projects)

Accounts Clerk

Level 04

Upper Division Clerk

Level 04

Junior Steno

Level 04

Lower Division Clerk

Level 02

M.T.S.

Level 01

The expenditure shall be debited to the

Budget Head: 2225—Welfare of SCs, STs and

Other Backward Classes; 03—Backward

Classes; 800—Other Expenditure; 05—Goa

State Minority Finance and Development

Corporation; 31—Grant-in-Aid.

4. This issues with the approval of

Administrative

Reforms

Department,

Personnel Department, and concurrence of

Finance Department vide U.O. No. 80125

dated 18-8-2021 and approval of the Council

of Ministers in the LVth meeting held on

30-09-2021.

By order and in the name of the

Governor of Goa.

Umeshchandra L. Joshi, Director & ex

officio Joint Secretary (Social Welfare).

Panaji, 13th October, 2021.