Goa Gazette, No. 2324-2, 18 April 2023

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

RNI No. GOAENG/2002/6410

Panaji, 18th April, 2023 (Chaitra 28, 1945) SERIES I No. 2 PUBLISHED BY AUTHORITY

EXTRAORDINARY

No. 3

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division –– Notification

7/11/2019-LA

The Factories (Goa Amendment) Act, 2019 (Goa Act 17 of 2023), which has been passed by the Legislative Assembly of Goa on 01-08-2019 and assented to by the President of India on 25-03-2023, is hereby published for the general information of the public.

D. S. Raut Desai, Joint Secretary (Law).

Porvorim, 18th April, 2023.

––––––––

The Factories (Goa Amendment) Act, 2019

(Goa Act 17 of 2023) [25-03-2023]

An

Act

further to amend the Factories Act, 1948 (Central Act 63 of 1948), as in force in the State of Goa.

Be it enacted by the Legislative Assembly of Goa in the Seventieth Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called the Factories (Goa Amendment) Act, 2019.

(2) It shall come into force at once.

2. Amendment of section 65.— In section 65 of the Factories Act, 1948 (Central Act 63 of 1948), as in force in the State of Goa (hereinafter referred to as the "principal Act"),—

(i) for sub-section (2), the following sub-section shall be substituted, namely:—

"(2) The Chief Inspector may, by written order, exempt, on such terms and conditions as may be prescribed, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work.";

(ii) in sub-section (3),-

(a) in clause (iii), for the word "sixty", the word "seventy-two" shall be substituted;

(b) in clause (iv), for the word "seventy- -five", the words "one hundred and twenty-five" shall be substituted.

3. Amendment of section 66.— In section 66 of the principal Act, in sub-section (1), in clause (b), for the existing proviso, the following proviso shall be substituted, namely:—

"Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b), and also specify the conditions for ensuring the safety of women who work in any factory or manufacturing process between the hours of 7 p.m. and 6 a.m.".

4. Insertion of new section 92A.— After section 92 of the principal Act, the following section shall be inserted, namely:—

"92A. Compounding of certain offences.— (1) The State Government may, by notification in the Official Gazette, prescribe fine in respect of the offences specified in the Fourth Schedule which shall not be more than the fine specified under section 92, and the Chief Inspector or the Inspector may compound such offence before or after institution of the prosecution for such amount:

Provided that, the offence to be compounded does not involve any contravention of any of the provisions of this Act or of any rules made thereunder resulting in an accident causing death or serious bodily injur y or dangerous occurrence:

Provided fur ther that, the State Government may, by notification in the Official Gazette, amend the Fourth Schedule by way of addition, omission or variation of any offence specified in the said Schedule.

(2) Where an offence has been

compounded under sub-section (1),—

(i) before the institution of the prosecution, the offender shall not be liable to prosecution in respect of such offence;

(ii) after the institution of the prosecution, such compounding shall be brought by the Chief Inspector or the Inspector in writing, to the notice of the court in which the prosecution is pending and on such notice of the compounding of offence being given, the offender shall be discharged."

5. Amendment of section 105.— In section 105 of the principal Act, in sub-section (1), for the expression "an Inspector" the expression "the Chief Inspector" shall be substituted.

6. Amendment of section 106.— In section 106 of the principal Act, for the expression "three months", the expression "six months" shall be substituted.

7. Insertion of new Schedule – After Third Schedule appended to the principal Act, the following Schedule shall be inserted, namely:—

––––––––

"THE FOURTH SCHEDULE (See section 92A) List of compoundable offences

Sr. Section, rules and Nature of offence No. orders issued

thereunder

1 2 3

1. Section 11 – Not maintaining

Cleanliness cleanliness as per

the provisions.

2. Section 18 – Not providing and

Drinking water maintaining arrangements

for drinking water as per the provisions.

3. Section 19 – Not providing latrine and Latrines and urinal accommodation as urinals per the provisions.

4. Section 20 – (a) Not providing the

Spittoons spittoons as per the

provisions. (b) Spitting in contra- vention of sub-section (3) of section 20.

1 2 3 1 2 3

5. Section 42 – Not providing and

Washing maintaining washing facilities facilities as per the

provisions.

6. Section 43 – Not providing facilities as

Facilities for per the provisions. storing and drying of wet clothing

7. Section 44 – Not providing facilities as

Facilities for per the provisions. sitting

8. Sub-sections (1), Not providing and

(2) and (3) of maintaining first-aid section 45 – appliances as per the First-aid provisions. appliances

9. Section 46 – Not providing and main-

Canteens taining canteen as per the

provisions.

10. Section 47 – Not providing and

Shelters, maintaining shelters, rest rest rooms rooms and lunch rooms as and lunch rooms per the provisions.

11. Section 48 – Not providing and

Crèches maintaining crèches as

per the provisions.

12. Section 50 – Not complying with the Power to make rules framed under rules to supple- section 50. -ment this Chapter

13. Sub-section (2) Not displaying the notice

of section 53 – and not maintaining the Compensatory register for compensatory Holidays holiday.

14. Sub-section (5) Not maintaining the pres-

of section 59 – cribed registers. Extra wages for overtime

15. Section 60 – Allowing a worker a double

Restriction on employment on any day. double employment

16. Section 61 – Not complying with the

Notice of periods provisions. of work for adults

17. Section 62 – Not maintaining register Register of adult as per the provisions. workers

18. Section 63 – Not complying with the

Hours of work to provisions. correspond with notice under section 61 and register under section 62

19. Section 64 – Not complying with the rules

Power to make framed under section 64. exempting rules

20. Section 65 – Not complying with the Power to make orders issued under exempting section 65. orders

21. Section 79 – Not complying with the

Annual leave provisions. with wages

22. Section 80 – Not complying with the

Wages during provisions. leave period

23. Section 81 – Not complying with the

Payment in provisions. advance in certain cases

24. Section 82 – Not complying with the

Mode of provisions. recovery of unpaid wages

25. Section 83 – Not maintaining registers

Power to make as per rules and not com- rules plying with the provisions.

26. Section 84 – Not complying with the

Power to conditions specified in the exempt factories exempting order.

27. Section 93 – Not complying with the Liability of provisions contained in owner of sub-section (1) and clauses premises in (i) and (vi) of sub-section (3). certain circumstances65 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 2 (EXTRAORDINARY No. 3) 18TH APRIL, 2023 1 2 3 1 2 3

28. Section 97 – Not complying with the

Offences by provisions. workers

29. Section 108 – Not complying with the

Display of provisions. notices

30. Section 110 – Not complying with the Returns provisions.

31. Section 111 – Not complying with the Obligation of provisions. workers

32. Section 111A – Denial of rights of workers.

Right of workers, etc.

33. Section 114 – Demanding charge from No charge for worker for providing any facilities and facility under the Act.". conveniences

SANDIP JACQUES Secretary to the

Secretariat, Government of Goa, Porvorim-Goa. Law Department Dated: 18-04-2023. (Legal Affairs).

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 4.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—21/160—04/2023.