Panaji, 18th April, 2023 (Chaitra 28, 1945)

SERIES I No. 2

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

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]

Act

further to amend the Factories Act, 1948

(Central Act 63 of 1948), as in force in the

State of Goa.

EXTRAORDINARY

No. 3

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

(EXTRAORDINARY No. 3)

18TH APRIL, 2023

(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 injury or dangerous

occurrence:

Provided further 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

Section 11 –

Not maintaining

Cleanliness

cleanliness as per

the provisions.

Section 18 –

Not providing and

Drinking water

maintaining arrangements

for drinking water as per

the provisions.

Section 19 –

Not providing latrine and

Latrines and

urinal accommodation as

urinals

per the provisions.

Section 20 –

(a) Not providing the

Spittoons

spittoons as per the

provisions.

(b) Spitting in contra-

vention of sub-section (3)

of section 20.

OFFICIAL GAZETTE — GOVT. OF GOA

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(EXTRAORDINARY No. 3)

18TH APRIL, 2023

Section 42 –

Not providing and

Washing

maintaining washing

facilities

facilities as per the

provisions.

Section 43 –

Not providing facilities as

Facilities for

per the provisions.

storing and

drying of wet

clothing

Section 44 –

Not providing facilities as

Facilities for

per the provisions.

sitting

Sub-sections (1), Not providing and

(2) and (3) of

maintaining first-aid

section 45 –

appliances as per the

First-aid

provisions.

appliances

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

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

workers

18. Section 63 –

Not complying with the

Hours of work to provisions.

correspond with

notice under

section 61 and

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

circumstances

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

(EXTRAORDINARY No. 3)

18TH APRIL, 2023

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).

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